Debt collection - identity theft

[casey]

My son's friend has received a formal warning that a debt has been referred to a debt collector. This is the first time she has been notified of any debt owing and upon investigation has found that her sister has taken out a credit agreement for a catalogue in her name (using her own bank details) but has never made any payment. Apparently she started it in her sister's name because she already had a bad credit history herself.

She is understandably very upset as not only does it look as if she is liable for the debt but this could obviously affect her future. She lives at home with her parents and her sister and her parents seem completely unconcerned about the matter.

She is not sure whether to approach the debt collectors or the police although either way she is terrified of the repercussions as she has been badly beaten in the past.

Any comments would be welcome.

[reallymadwoman]

The only sure fire way to get the debt collectors off her back and on to her sister's may be to get a crime reference number from the police though technically the victim of the crime is the catalogue company not your son's friend.

 

If she knows who the original creditor is, she could first try writing to them and tell them the debt is nothing to do with her but they may not accept her explanation. Either way, her relationship with her sister and parents may suffer, but the parents ought to be taking a stronger stand over this. What the sister has done is fraud, plain and simple, and could get her a prison sentence.

[unclebulgaria67]

There was another very similar thread on here a while back and the debt collection company took the debtor to court. Even though it was explained that the debt was not theirs and that someone else had fraudulently taken up the account.

 

Two choices, as I see it.

 

1) See local Police and report what has happened. They should investigate and the sister may get a criminal record. If the original creditors are then informed of the fraudulent application, they should then remove any debt default from her record.

 

or

 

2) Pay off the debt or come to a repayment arrangement. It will hurt their credit record. The sister should obviously repay her what is owed.

[casey]

Thank you all for your response. She is still at college so not in a position to make any payments. I think sister already has a criminal record and ccj's for previous debts which is why she opened an account in her sister's name. Any monies, personal items she gets are stolen or broken by her sister. Her mother an stepfather are always too drunk to care and always take her sister's side. Her brother is prettyr much the same and at fourteen already has a criminal record for burglary amongst other things so really think that she's best out of the situation anyway but the problem is what to do next. Think I will have a word with the police myself and see where she can go from here.

[unclebulgaria67]

Thank you all for your response. She is still at college so not in a position to make any payments. I think sister already has a criminal record and ccj's for previous debts which is why she opened an account in her sister's name. Any monies, personal items she gets are stolen or broken by her sister. Her mother an stepfather are always too drunk to care and always take her sister's side. Her brother is prettyr much the same and at fourteen already has a criminal record for burglary amongst other things so really think that she's best out of the situation anyway but the problem is what to do next. Think I will have a word with the police myself and see where she can go from here.

 

Wise. The Police probably know of the family already. The thing is that if this sister has a criminal record already then the Police are more likely to believe it and deal with it. It sounds like the sister and the rest of the family would not be that bothered, if she had a further conviction. It might help reporting it, rather than just leaving it, where something worse may happen at a later date. If there is a problem with the rest of the family after reporting this, then may be her local council can help with accommodation.

[Guest]

def'y seems that her domestic situation also needs to be addressed, particularly re any assaults '...as she has been badly beaten in the past.'

Edited December 15, 2012 by Ford

[Guest]

depends on circumstances, but re a fraudulently obtained credit card/loan, 'The general rule is that if you did not sign the loan/credit card agreement, and you can show that you did not benefit from it in any way, you will not be liable for the debt. If a lender then starts legal proceedings against you for the debt, you have a full defence to the claim...' stephensons sols site, consumer news 06/11 re a case re an ex wife

Edited December 15, 2012 by Ford