County court Summons link/MBNA

[DonkeyB]

Not CPR 31 – but CPR is applicable, as it would be in any case, to show the likelihood of probability.

 

My money’s on something that’s five years and 363 days old... better than a bet on a horse when you have my lack of skill for picking a nag.

[afcwben]

I cant seem to post up the summons. I have questioned her further and unfortunately was one of these people who thought writing on their letter head "I have no idea what this debt is about" would achieve the right results. She is convinced this was an agreement taken out by her former partner in her name. So what is the best course of action here. Should a CCA request be sent. Does she have to fill in the income and expenditure details, and what should her defence say. Grateful for all your help on this she is beside herself with worry.

[DonkeyB]

Well, that changes everything.

 

It seems she does know something about it. The key question is when did she know.

 

Did she know at the time it was taken out? Is she sure it could only be her ex? If she knew all along that this had been done in her name, then by not reporting a fraud she might be viewed as complicit and liable.

 

If she knew nothing about this until the letters started, it is fraud and must be reported to the police as such, and a crime number sought. It would not then be her liability.

 

It won’t be fun for her, but it’s the only practical way forward.

 

A CCA request is a moot point but won’t hurt – I imagine it would show it is not her signature though. It depends on the answers to the questions I’ve just raised.

[afcwben]

she didnt know sanything about it till he moved out

[asokn]

How did she then come to know and what did she do about it when she first found out? (I suspect we can guess the answer to the second limb of that question)

[DonkeyB]

How did she then come to know and what did she do about it when she first found out? (I suspect we can guess the answer to the second limb of that question)

 

As asokn says, the answer to this is crucial. While she could deny ever knowing anything about this until the letters started, I could not condone any dishonest actions. The point at which she discovered this is key. When did he move out? Did he tell her about it? How did he hide the post and conceal the fact? Did she benefit in any way from the money? All important questions.

[DonkeyB]

...and to be fair, simply writing ‘I know nothing about this’ on the letters before sending them back was a bit of a fib.

[afcwben]

she did nothing, stuck her head in the sand and expected it to dissapear, I did keep saying she needed to deal with it properly. So I am wondering what kind of defence I can put in, I assume Stupidity isn't a valid one, does the income and expenditure form need to be filled in?

[asokn]

Depending on the facts, and I'm a bit concerned you haven't really answered the last few posts trying to extract these facts, your friend could be an entirely innocent victim of fraud. That could be her defence.

 

On the other hand, it appears your friend did know about this debt when the letters arrived as she knew about it when the ex moved out. Also, I'm surprised that you now say that you have been telling her to deal with this when your first post implied that neither of you knew anything about the *actual debt* until the claim form arrived.

[BRIGADIER2JCS]

She would certainly benefit from seeing

what she could reasonably pay, but she

is under no obligation to make her I&E

available to anyone else unless ordered

to by a judge.

More detail as to the history of this is

needed otherwise the way forward is greatly

restricted.

[asokn]

I agree, I really think a comprehensive post from the OP setting out a timeline with dates and significant events is needed.

[afcwben]

Time line that I have been able to ascertain is this1) Partner left in July 20072) Letters addressed to her from MBNA asking for money3) Letters ignored4) Goes to various collection agencies (she cant remember them all), letters opened and returned where she had written on them "I do not know what this is for and has nothing to do with me"5) Link contacts her, she follows item 46) County court summonsThere is nothing else I can add, I have done a CCA rwequest that will go off today and hopefully if it provides an agreement that will prove it is not her, so I think it would be in her benefit for an agreement to be produced

[asokn]

You've said that she became aware of this when the partner left, so that was in 2007? All this time she has just ignored this fraud or, worse, claimed not to know anything about it?

 

How did she find out? What exactly did she do? I simply cannot believe that she literally did nothing, not even mentioned it to the ex.

[afcwben]

As i said stupidity is not a defense, she literally did nothing I did ask her to do something about it but with all her life pressures (she also has two sick children) she did not treat it with any seriousness. However, it does not change the fact that this is where she is now

[asokn]

OK. Then as discussed her defence would be that she is a victim of fraud I suppose.

[DonkeyB]

Ok. I’m inferring from what you say that she had absolutely no knowledge of his taking out a credit card on her behalf. Is this the case?

 

Did he admit to her that he had done this? Can she state she KNOWS he did this?

 

If the answer is he told her nothing, and she did not know who did it (but only suspects) then there is a reasonable chance of a defence. But – and it’s a big but – she MUST now urgently report this to the police as identity theft or fraud. Not to do so would cause untold problems.

[brokebutnotbeatn]

yes but she will have to report it as such too to get a crime number