How could this happen?

[tequila99]

Hi everyone

 

My ex and I split last September and he moved out. Things since have been far from amicable but thats another story.

 

I accidently opened a letter addressed to him yesterday and am so glad i did as it contained a finance agreement for a car!

As i say he has not lived here for 6 month and is not at this address on the electoral register (i checked today).

What checks and evidence would he have needed to get the finance?

 

I sent the agreement with a letter back to the finance company this morning to let them know.

 

Surely what he has done is fradulent?

[heliosuk]

Perhaps yes and perhaps no. Best thing to do might have been to send him copies of your response to finance co. I think if he has a financial interest and or legal interest in the property he might be entitled to do so irrespective of if he is on the electoral role. I don't think it's a major issue to sort out.

 

As ever there are two sides to a story so to speak.

[tequila99]

He dosn't have any kind of interest in the property, Its my house, I own it. He has deliberately misled the car garage as to his current address. If he were to default on that loan it would my door they would come banging on if I hadn't found out! To me that is a major issue. That would affect my credit rating too.

I plan to speak to the police and see what they think.

 

Thanks for your input though.

[maroondevo52]

I agree, if things went wrong it's you that would get all the hassle, your ex is out of order.

[heliosuk]

It's obviously quite an acrimonious split but the rules have changed recently where he might have some claim depending on the time he lived there and contributions to the general house etc.

 

I don't think plod would be interested as is a civil dispute unless you could prove it was an intended deed to harm you and even then as it is not a physical thing is nothing to do with them.

 

Would suggest a solicitor to look at this as he (strangely) might be able to do this.

 

Splits are very rarely amicable I'm sorry to say as it's inevitable that one side is going to feel hard done by, however, just bear in mind he might have a point that he is entitled to do.

[heliosuk]

I agree, if things went wrong it's you that would get all the hassle, your ex is out of order.

 

Actually not maroon as each individual is treated seperatly but it will show on the address. Then there is the hassle of the disassociation that has to be lodged.

 

I would say though it's not the done thing of a gentleman but we don't know the circumstances.

 

I think you'll find this is a common issue.

[tequila99]

Since when is obtaining finance by deception a civil matter? Believe me he has no claim on the house at all. Even if he did have he can't claim to be living somewhere when he isn't just for his own gain. There has to be something illegal about that.

[Conniff]

Not the old 'I accidently opened someone elses mail' gag.

[Mr lex]

Hi Tequila,

 

I found this on Yahoo Finance and thought it might help :-

 

 

It is a sad fact of modern life that relationships break down all the time. But did you know the financial ties you have with your partner do not necessarily break when the two of you separate?

 

According to CreditExpert.co.uk, more than half of you have absolutely no idea that an ex-partner can have a negative impact on your own credit rating. Even if your ex seemed to be pretty good at managing their money when you were together, who is to say what their financial behaviour might be like now?

 

This problem is more widespread than you might realise. Often we do not even know the full picture when it comes to our current partners finances, let alone our previous partners. After all, one in ten people in relationships confess they have a secret bank account their other half knows nothing about, while one in five keeps debts hidden.

 

How do you become financially linked?

 

Just one joint application for credit means you are financially linked even if the account is now closed, or never actually got up and running in the first place. In other words, a declined application can still link the two of you together.

This financial association could damage your credit rating over the long term if your ex is now racking up debts all over the place and failing to manage them properly.

Many of you think your credit score will be affected by anyone who lives with you. But this is not true. Just because you lived with your ex, you will not be financially connected with them unless you applied for some form of credit jointly. This even applies if you were married but never shared your finances.

By the same token, if you never actually shared the same address, but you applied for credit together, a financial tie will be created.

 

How can you become financially separated?

 

You want to avoid suffering just because your ex cannot handle credit. It is hardly fair that your own ability to borrow could be jeopardised by someone who is no longer part of your life. But what can you do about it?

Luckily, there is decisive action you can take now to break the financial ties with your former partner before they do you any harm.

 

Check your credit report

 

The first step is to check your credit report. You can do this at any one of the three major credit reference agencies: Experian, Equifax or Call Credit, although you can get a free credit report from Experian . You can use your report to check who you are still financially connected with. Remember checking your report will not do any damage to your credit score or credit rating. ( I am not happy with this comment)

 

Tell the credit rating agency that the relationship is now over and ask them to update their records accordingly. This creates a financial 'disassociation' from your ex and prevents their credit record from affecting yours in the future.

It is a good idea to monitor your report on a regular basis so you can be sure the financial separation is well and truly behind you.

 

Settle up and close your joint accounts

 

The next thing you should do is settle up any outstanding credit agreements you still have with your ex. After a separation, it is inevitable you will need to negotiate a way of dealing with your joint debts and your joint finances in general. The sooner you do this, the better.

Once your debts have been fully repaid, it is important the accounts are closed. For example, a credit card where your ex is an additional cardholder may still appear on your credit record even if there is no outstanding balance. Make sure you contact the bank and ask them to cancel the card to sever the financial association. You should do the same thing with any lender where you have held a joint credit agreement and with any other company where you have had a joint account, such as your gas and electricity supplier.

 

I hope this helps,

 

Lex

[tequila99]

Thanks for that Lex, very informative, lot of stuff there I had no idea about!

[heliosuk]

Hopefully now Tequilla you will see what I mean. You might think you are clear of him but not necessarilly so.

 

Whilst you might hold the deeds etc does not mean you own them.

 

As i have pointed out, it's not the thing to expect of a reasonable person but he may think he has a right to do this.

 

At the end of the day, whether married or not, if there is a split then it needs to be done legally especially if it's a bad one.

 

I'd support conniff as well on the accidently opened comment but if it was me I'd have let you know what was going on.

 

I do not see at this moment in time that your ex is deliberatly deceiving people and sometimes to help the split it might be necessary for this to happen.

 

Just watch and control what is happening and if need be do it via an intermediary if the relationship breakdown is that bad.

[maroondevo52]

Sorry, I should have went with my first instinct and not replied at all

[tequila99]

I appreciate your reply maroondevo.

I am still not convinced heliosuk is right in everything he has said.

 

I have e-mailed a query to the police so will wait and see what they say.

 

Thanks to everyone who has taken the time to reply to me

[Mr lex]

Hi Tequila, back again.

 

Meg Van Rooyen of National Debtline had this to say about 'disassociation' from your ex. You will find the first part of it will put your mind at rest.

 

It is very important to realise that you are not liable for debts such as credit agreements that have been taken out in somebody else's sole name.

 

It makes no difference whether you were partners or married.

You are only liable for debts that you have signed an agreement for in your name or if you have taken out credit in joint names.

 

If the debts are in joint names with your ex-partner then you are held to be - jointly and severally - liable for the debts.

This means you both owe the entire debt and the creditor can choose to pursue either of you for it.

Household bills can be a bit different. You would both be jointly liable for council tax during any period you both lived in the house.

You should make sure your former partner is no longer on any fuel or water bills. These are your responsibility from the date he left.

From what you say, it appears unlikely that the debts are in your name. If this is the case then you have no legal liability whatsoever - and your ex-partner's creditors cannot pursue you for his debts.

They certainly cannot send bailiffs into your house to take your goods for his debts.

If a creditor does not have a forwarding address then they will often write to the last known address for the person who owes the money. They may even sue the person in the county court at the last known address.

If a collection agent visits your house you do not have to let them in - they have no right to enter your home.

If there is a county court judgment against your former partner at your address then even a bailiff has no right to enter your home unless you invite them in. Do not let them in.

However, it is very important that you provide them with any forwarding address that you have and tell them not to call again.

 

 

Action points:

• Make sure none of the debts are in your name
  

Check any credit agreements you have. If your name is on any of the letters, write to the creditors for copies of your credit agreements.

 

If any debts are in your name then seek advice on how to deal with your debts, contact the creditors and how to make an offer of payment. Contact National Debtline on 0808 808 4000.

• Write to all the creditors/collection agents who have sent letters to your address
  

Tell them your former partner does not live there and provide a forwarding address. Tell them not to contact him at your address in the future. Explain the debts are not in your name and that you are not liable for them and that you expect to receive no further letters regarding the matter.

 

If a company persists in writing to your address, tell your local trading standards department. You can find out how to contact them through your local council.

• If you receive any hassle from debt collectors, mention the Office of Fair Trading debt collection guidance
  

This prohibits various unfair business practices by collection agents, such as "pursuing third parties for payment when they are not liable" and "sending demands for payment to an individual when it is uncertain that they are the debtor in question" and "requiring an individual to supply information to prove they are not the debtor".

• Contact the main credit reference agencies and check your credit file
  

There are three agencies in the UK: Experian, Equifax and Callcredit (see information box for contact details, and website links on the right) which hold details about your credit histories.

You have the right to obtain a copy of your credit file, which will cost you £2 per file.

The Information Commissioner publishes a very useful booklet called "No credit?" which may help you (see useful contacts box for details).

If your former partner's details show up on your file, make sure you contact the credit reference agencies with what is called a "notice of disassociation" to remove your former partner from your credit file because you no longer have a financial connection with him.

You can also ask to include a "notice of correction" which is a statement of up to 200 words.

 

This could include your ex-partner's name and a clarification that he does not live at your address. However, credit reference agencies can refuse to add a notice if it is defamatory about someone else.

Credit reference agencies also interact with CIFAS who operate a protective registration service which warns creditors checking your credit file to be extra careful to double check that the person applying for credit isn't using your address details fraudulently.

You can find out more about this issue from Experian's Credit Crossroads leaflet on identity fraud, which can be found on its website through its consumer advice section.

[tequila99]

Hi again Lex

 

Once again thanks for all the fantastic information!

I will definitely be doing a notice of dissassiociation asap.

[Mr lex]

No problem Tequila

 

If you get stuck, come back and shout !!

 

Lex

[Mr lex]

This might help, it's a form from CallCredit. I expect all the CRA's have one on their website.

 

It's a PDF that can be found here :-

 

http://www.callcredit.co.uk/files/Disassociation%20Form%20v2.0.pdf

 

Lex

[tequila99]

Hi Lex

 

re the notice of disassociation, it looks like because there is still a joint bank loan it can't be done.

I filled out the form but at the bottom it asks me to "confirm that there are no active financial connection or dependancy between myself and the person detailed above".

 

Didn't want to agree to that as it would not be true.

[Mr lex]

Good afternoon Tequila !!

 

No worries on that score, if you have another look, you will see that great 'get out' clause 'Tick all relevant box's'. Just leave that one unticked and add a signed declaration with the details of that one loan on it !!

 

Hope that helps,

 

Lex

[tequila99]

Thanks lex

 

There wasn't a box to tick it was just a statement. However there was a box where I could explain why I should be disassociated from him even though we still have a joint loan.

I have sent the form off so will just wait and see what happens now.

 

Once last question, is it worth adding a notice of correction? (2 late payments -once again ex's fault - long story!).

Not that I have any plans to apply for credit but do lenders read these notices and take them into account when making a decision?

 

Thanks again for all your help

[Mr lex]

Hi Tequila,

 

Not that I have any plans to apply for credit but do lenders read these notices and take them into account when making a decision?

 

Probably not, however, there is no harm in trying. Remember the loan was in both names so technically your both libel for all of the outstanding payments. I would say yes, do it, send them a 'Notice of correction' it may well help in the future.

 

Lex

[tequila99]

The loan in question is not one that was in both names, its was car finance that was just in my name.

I loaned him the car when we split up so he could move his stuff down south. He then moved address again and refused to give car back. Police saw it as a civil matter so months later I eventually had to get the finance company to repossess the car! It was they who advised me to miss the payments to enable them to do it. It should have only been one missed payment but they took weeks to sort it all out and it kept going from one department to another so ended up with the two missed payments. I am fighting them to try and get it removed from my credit file but thought a correction notice might help in the meantime (or if they end up not removing it).

[Tom87]

Be careful before taking action against anyone for fraud. The burden on the claimant is enormous, much more than for negligence etc., and if you fail in your accusation you will almost certainly be subject an angry retaliating counterclaim from the defendant for defamation, damage to reputation, and all the costs incurred. Basically although the standard civil burden of proof is the balance of probabilities, for fraud it is in reality far closer to the 'beyond reasonable doubt' rule.

 

Consider his side of the story too. He could have simply forgotten to inform the car company about the address, after all you had an acrimonious split and there were probably more important concerns going through both of your minds. This may be negligent on his part but certainly not fraudulent.

 

Alternatively he could have just instinctively put down that address on the agreement, it happens to all of us when we move house, we write the old address by mistake.

 

Be calm in whatever you decide to do, and good luck.

[tequila99]

Hi Tom

 

I am not taking any action against him for fraud, that would be down the the car garage or finance company as it was to them he gave the wrong address to. I do believe he gave my address to them on purpose though so his application would be accepted.

He took out this car finance this week and since he has not lived here for 6 months its got to be more than simply "forgetting" he does not live here now.

 

Thanks for your input though, it is appreciated.