Partners Unknown Debt

[craigals]

My new partner has received a letter from Robinson Way Limited (ex LSB) for a debt of £2,324.24 under her old married name. She knows who has set the account up but has been advised by her solicitor that it's not a matter for the courts to deal with as it's not a criminal matter, Is there any legal stance that she could take to get this debt wiped off completely as the person involved in setting it up was her ex husband getting his own back on her because she left him back in 2006 due to his violent behaviour

[cerberusalert]

She knows who has set the account up but has been advised by her solicitor that it's not a matter for the courts to deal with as it's not a criminal matter,

That seems odd advice from a solicitor considering it's fraud. She should report it to http://www.actionfraud.org.uk/report_fraud She'll be given a reference number which she should quote to any DCA who tries to pursue.

[cerberusalert]

Moved to the Debt Collection Forum.

[Tootles1971]

I would suggest contacting the bank directly in writing and tell them she is reporting this as fraud as she has no knowledge of this account. Report it first so she can include any crime reference number etc.

 

Other people know more and can give you more detailed advice

[reallymadwoman]

In almost identical circumstances I was given the following advice.

 

Write to the creditor stating you have no knowledge of any such debt and asking for proof. If/when documentation is supplied (it already had been in my case) write back stating categorically that it is not your signature and that you never opened the account/had the loan involved. If the creditor or anyone official asks you can tell them your suspicions as to who did open the account. I was advised that I couldn't report it to the police since I had suffered no crime or loss - any fraud was against the bank.

 

I will admit that it did take some persistence to get the bank to leave me alone but I really didn't want to risk involving the police myself if it could be avoided. So far as I know the bank never involved the police, and they never asked if I knew who's signature it was. The debt is now statute barred.

[harrassed senior]

A very awkward situation, but, if, as you say this was done in spite then reporting it would be a logical action and not spite. It could be reported, saying that it is only a 'suspicion' that you know you did it, but you would prefer, unless pushed, not to name names.

[cerberusalert]

If he's done it once?

[craigals]

*UPDATE*

 

Partner received the evidence from Robinson Way with regards to her debt (or so they claim it's her debt) I noticed the following mistakes on it instantly, the debt was a loan taken out by her ex husband back in 2004, on the loan papers it's his name only, the credit agreement has his signature and what seems to look like an attempt to forge her maiden name signature, yet Robinson Way write to her under her maiden name. She has filed a fraud allegation and got the CRN and has been to the police who took her statement. Now Robinson Way are demanding that she makes full payment with 10 working days or they will take action against her. The Police managed to get the debt held. Also when I have contacted Robinson Way on her behalf they refuse to talk to me without written consent from her, claiming it's under the DPA that stops that communicating with me.

 

Is this true or are they just holding out until they receive her signature so that they can forge it onto the documents?

[BRIGADIER2JCS]

Yes they are right she must give

written permission for you to act.

Make sure that there is a variation

to the signature she provides that

you can identify if there is any doubt

about any thing they come back with.

Tell them that until the fraud has been

fully investigated YOU have put the matter

on indefinite hold:madgrin:

[Bazooka Boo]

Robbersway are barking up the wrong tree, I personally would ignore them, they can't do anything, they don't own the account, they have suffered no loss, they're petty little children with naff all to say and are saying it too loudly!

 

Give them nothing, don't ring them, if they ring you just laugh at them and hang up.

[Happyhippy1959]

Yep good point Boo,,,,, tell em it's in the hands of the police, go do one see you in court.... NOT A FAT CHANCE ME THINKS.

[craigals]

*UPDATE*

 

Robinson Way have now contacted my partner, asking for the following information:

 

A signature on official documentation

 

Proof of residence when the loan was taken out.

 

As this matter is being dealt with by Staffordshire police, she has informed Robinson Way that the signature will be provided direct to the Police and that as this is 100% fraud that she has declared this debt as an indefinite hold. Should she provide robinson way with proof of residence and a copy of her signature on official documentation or should she cease all future contact with Robinson Way and let the police deal with it?

[Bazooka Boo]

NO! Robbersway are deluded, this is a Police matter, if they continue to attempt to frustrate the legal process and the Police investigation you should report them to the Police.

 

Robbersway are NO longer involved, tell them to take a hike and if they fail to stop harassing you you will report them to the police for attempting to pervert the course of justice. Who on earth do these fools think they are??

[BRIGADIER2JCS]

You are under no moral or legal obligation

to prove or disprove anything to these morons.

As BOO says it could be construed as perverting

the course of justice, so report them.

[Bazooka Boo]

[quote=BRIGADIER2JCS;3570421As BOO says it could be construed as perverting

the course of justice, so report them.

 

That was just a good guess, I just wanted to shout at somebody......I should have rung SRJ!!

[BRIGADIER2JCS]

Calm down Boo, it'll be alright

in the morning:madgrin:

[craigals]

The good news is she has emailed Robinson Way and informed them that she will not be providing them with her signature. She has also informed them that she has classed this debt on indefinite hold as it's a police matter and should they continue to send her threatening letters again, she will report them to the police for harassment, perjury and attempting to prevert the course of Justice, So far robinson way have not replied back. We will keep you informed.

[BazzaS]

The good news is she has emailed Robinson Way and informed them that she will not be providing them with her signature. She has also informed them that she has classed this debt on indefinite hold as it's a police matter and should they continue to send her threatening letters again, she will report them to the police for harassment, perjury and attempting to prevert the course of Justice, So far robinson way have not replied back. We will keep you informed.

 

I agree that she has no obligation to provide them with a signature .... It is for them to prove the signature they have " is hers" , not for her to prove "it isn't hers". Be prepared for the DCA to spout off all sorts (especially by 'phone - why it is wise to record any calls, or deal in writing). However, is it helpful for you or your friend to (similarly) stretch the boundaries of legal credibility?. She might report them for harassment, but "perjury"? (have they given a false sworn statement?) and "attempting to pervert the course of justice" (again, how and where?).

Is it not better to concentrate on what they have done wrong, rather than threats you may find it hard to substantiate?.

[BRIGADIER2JCS]

Neither accusation would have merit

in any action, no court hearing has

been held so n perjury.

There is an investigation in progress

but as I read it there is at present no

cause for perverting the course of

justice, eg., lies in evidence to the

police.

[Bazooka Boo]

Who really cares, they spout all sorts of legal jargon and inaccurate statements, so IMO give them a piece of their own medicine, I'd add treason on there as well....

[BRIGADIER2JCS]

Shoot the Bu**ERS BOO:madgrin:

[Happyhippy1959]

Boo for Defence Secretary me thinks !!!!!!!!!!!!!!!