Identity fraud - Mother taken out credit in my name

[jd94x]

Hello, I'm posting on behalf of my partner looking for some advice regarding a debt that isn't his. In April 2016 we reported a case to Action Fraud as we were receiving letters from Lowell chasing a debt that has been taken out in his name behind his back by his 'mother' from JD Williams (we know it's her as she has admitted this to us but has refused to own up and pay it) We then gave Lowell the crime reference number and hadn't heard anything more either from them or Action Fraud until yesterday when we received a letter. In the letter, it states that no disputes were raised while the account was open (of course because he knew nothing about it) and that payments were made (obviously by his mother) and we are to provide proof that he didn't open the account otherwise to arrange a payment plan or risk court action. He had no idea about this account until he started receiving collection letters from Lowell.

We spoke to Lowell on the phone yesterday morning and they have requested evidence to prove that he didn't open the account and a headed letter from the police with the crime reference number. Everything on the account is his mothers, the contact number, email and address (he lived at the same address when the account was taken out) and any payments made will have been from his mothers card. The only thing connecting him is his name. She wouldn't have any of it on the phone. We don't know which format the account was taken out in, phone, online or by letter.

There is also another account opened when he had moved out which is currently with Cabot (Studio) and this account was taken out when he had moved into his new address and his mother has used that new address.

Where do we go from here? How can we prove that he didn't open this account? We are heading to the police station in the morning to report this and obtain the letter that Lowells are requesting. I'm just worried that there's nothing that can prove that she has done this. We have never received any goods from these companies or made any payments to them. Can anyone please help us? This is really getting us both down Thank you

[Never-In-Doubt]

Assuming he's estranged from his mum? I certainly wouldn't grass my parents to the police for a couple of catalogues.

Anyway, why not just pay it? Get the cash from her every month and you pay it. Or clear the debt and then set up payments for mum to repay you?

Going to to the police and risk having your own mum arrested for fraud / theft whatever is pretty low & to be honest that's your only hope of getting it wiped. You cannot provide evidence you did not do something lol so maybe mark it as a complaint and respond telling them you want them to sort it, you're not to blame if they allowed a random to open an account in your name.

If they piss around go to FOS.

[jd94x]

She isn't in a position to pay it, she has thousands of pounds worth of debt herself. Why should we pay for what she has done? And yes it's pretty low reporting her but taking out credit in your sons name behind his back is also pretty low. We've had enough of it all now and prepared to do whatever it takes to have them removed. We're a young couple and this ruins any hope of us getting a mortgage etc. We have asked her to phone and own up and she flat out refuses so right now this is our only option.

[Never-In-Doubt]

Ok so get a crime number from police then formally report it back to the creditor. They'll deal with it.

If they ask for stupid police letterheads or become awkward then go to the FOS. The police won't usually do that. You can report it over the phone and get a crime ref number too. They should listen to the customers claim of fraud and act.

[Funkymonkey25]

Hello Never in doubt,
Hope you don't mind me sticking my nose in. I recommended this site to the OP a while ago (related). This has been going on a while, this woman (the mother) doesn't care. She is in debt everywhere but doesn't try to fix it, just tries to get credit any way she can. She has other children and will probably do the same to them if she hasn't already. She has a couldn't care less attitude but she is ruining her children's futures. Just wanted to give you a better picture of what OP and partner are dealing with, saying that reporting her is being low is a bit unfair If you don't know what this woman is like.
Hope you can help them,
Thank you

[Joanna Connolly Solicitors]

In April 2016 we reported a case to Action Fraud as we were receiving letters from Lowell chasing a debt that has been taken out in his name behind his back by his 'mother' from JD Williams (we know it's her as she has admitted this to us but has refused to own up and pay it) We then gave Lowell the crime reference number and hadn't heard anything more either from them or Action Fraud until yesterday when we received a letter. In the letter, it states that no disputes were raised while the account was open (of course because he knew nothing about it) and that payments were made (obviously by his mother) and we are to provide proof that he didn't open the account otherwise to arrange a payment plan or risk court action. He had no idea about this account until he started receiving collection letters from Lowell.

. . . . . There is also another account opened when he had moved out which is currently with Cabot (Studio) and this account was taken out when he had moved into his new address and his mother has used that new address.

Where do we go from here? How can we prove that he didn't open this account? We are heading to the police station in the morning to report this and obtain the letter that Lowells are requesting. I'm just worried that there's nothing that can prove that she has done this. We have never received any goods from these companies or made any payments to them.

Maybe Lowells aren't being too unreasonable wanting some evidence that your partner is unconnected to this debt. Maybe they get loads of people saying that sort of thing so some evidence will be needed. However you say that you already have sent them the Crime Reference number after you reported this to Action Fraud in April 2016 so why isn't that enough to satisfy them?

You also say you don't know how the account was opened so why not ask Lowells to provide you with the evidence. Send them a s 77-79 CCA Request which means they can't enforce the debt unless or until they comply (I would do the same for that Cabot debt he's being chased for).

If they respond to your CCA Request maybe the credit agreement they produce will flag up something which proves it wasn't him.

There's a CCA Request Template letter here > https://www.all-about-debt.co.uk/for...lity-templates

If either of those creditors (Lowells or Cabot) can't comply then maybe the problem becomes their problem not yours.

You could also send a Subject Access Request to J D Williams to see what that throws up. The Transaction Log should detail everything including who paid what and how (you say his mother did make payments). It should have delivery address details too if she was having the items delivered elsewhere. I know a SAR costs £10 but if it helps get this mess sorted it may be a wise investment.

Di

[jd94x]

Hello, thank you for your replies. We went to the police station this morning, as Never In Doubt says, they don't produce headed letters with crime reference numbers. The police officer we spoke to was brilliant and he phoned Lowell for us and was put through to the crime department. He said to the woman on the phone that it's not my partner who is the victim of fraud and that them as a company have been defrauded. He gave us a new reference number and has also emailed that to Lowells from a police email address. The woman on the phone from Lowells was actually pretty helpful and she has requested more information from the original creditor about the account and put the account on hold temporarily.

I think we will see what comes from this, but if we aren't successful here then we will definitely go ahead with what you have suggested. We are determined to prove this wasn't him. I'll keep this thread updated with what happens.

Thanks again so much for your help

[Joanna Connolly Solicitors]

It's good to hear that the police took your report seriously and then went the extra mile of calling Lowell direct. I can only assume that they believed your partner's version of events. Let's hope Lowell now do the same.

Please update your thread when you learn more.

Good Luck with this.

Di

[Joanna Connolly Solicitors]

We're a young couple and this ruins any hope of us getting a mortgage etc.

Does this mean that your partner has default markers on his credit file because of this?

He may want to deal with that issue too, plus the 'debt' with Cabot.

Let us know if help is needed.

Di