10 year old debt with a twist

[Brotherlove123]

Evening CAG,

 

sorry if this is long but let me try and shorten it for you.

 

10 Years ago by devious brother opened Credit Cards, Loans, Mobile phones in my dads name and left him with the debt.

 

It hit the debt agencies and my sister agreed to pay £1 a month to each of them.

 

As this is over ten years old, is there anyway we can have these put aside, my Dad is 70 in December and hates having this hanging over his head.

[BankFodder]

I'm afraid that if you have been paying them regularly then they have not become statute barred because they have been kept alive.

 

I'm also sorry to say that if you stop paying, that all the debt collectors will start leaping into action and make your dad's life a misery.

 

How much is outstanding? Are they still adding interest?

[dx100uk]

CCA request time me thinks.

[Brotherlove123]

Thanks, Yes my sister has dealt with all the Debt Agencies and makes the monthly £1 payment.

 

Will send of CCA as the debt has bounced between agencies and the figure is over £20k. My Dad has no way of paying this or any assets, doesnt even dry and is housing association accommodation.

[renegadeimp]

I think you need to CCA and issue a SAR as well.

 

If the debts being passed around and figure is rising or inflated, then i smell a cash cow and so do they.

[lookinforinfo]

I assume that you would prefer to continue paying rather than have your brother exposed as a cheat.

 

 

Your father is not the guilty party so shouldn't be liable for the debt nor should your sister

be paying.

[Brotherlove123]

When it happened the companies we're informed that they were fraudulent applications and unfortunately werent interested unless reported to the police.

 

 

The signatures are invalid and nothing progressed.

 

Will send CCA to establish detail and revert back.

 

Thanks for your assistance

[dx100uk]

not her debt STOP PAYING THEM!

 

 

the companies...I bet NONE of the debts are wit the original creditors?

all with DCA's now?

 

 

let each one goto court

then PROVE its not HIS signature ..easy peasy.

 

 

dx

[L1882]

Surely even if they did go to court AND were then successful (which from the limited information here seems less than certain) the court order would be for a minimal payment, they can't go for assets he doesn't own and a poor credit score probably isn't high on his list of things to worry about?

 

In fact for his peace of mind it being dealt with by the courts may well be the best option - otherwise they will undoubtedly carry on harassing him.

 

Also just on the point about informing them they were fraudulent applications - it would have been their problem to go to the police and not your fathers - though I imagine perhaps your father wasn't keen on dropping his son in it at the time so maybe didn't push things.

[king12345]

I would look at this in a pragmatic way.

If they're not bothering your father with calls and home visits and it only costs £1 month, I would just leave everything as it is.

Do you really want to drag your dad to court, give evidence, solicitors, aggressive claimants, possible upset with your brother, all for £1 a month?

Even if it was £20 a month I wouldn't put him through this, unless they're bothering him.

If he doesn't want this over his head, explain everything to him, no assets, no requests of extra payments, no trouble paying £1.

No point throwing water in a lake to make it wet.

[renegadeimp]

Bad advice yet again from king.

[diskmandave]

Having read the thread from the top,

my own personal view on this would be to start the CCA requests route that has already been suggested,

 

 

if brother has fraudulently obtained credit any agreement would obviously be accompanied by a signature and if not would be contestable,

a signature could then be matched with dad's (maybe on the card type DL).

 

 

For me, I'd STOP paying them

and if they start getting above themselves tell them that the account/s are in dispute

and to return to the original creditor or owner of the debt.

 

 

Have the police been involved in this at all?

If not, why not?

 

 

There is no statute of limitation for fraud or deception.

This would make for a really interesting day in court on their part,

but I'm afraid it's time to start taking control,

 

 

I doubt that you'll ever see a penny of what they've taken off you,

but with some hard work and determination you should get this lifted from your dad's shoulders.

 

 

It might take twelve to eighteen months of letter writing,

but this is easily resolvable IMO,

 

 

please do consider getting the police involved as they would be duty bound to instigate a full investigation, it is NOT a civil matter...

 

Good Luck and Best Wishes, Dave - DMD.