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  • Transferring Debt to liable person

    Hello All,

    New person here, sorry if i come across as not doing proper search.

    I have two debts in my credit history due to my family members (Mother and Sister) buying a lot of catalogue items (Isme and Very) under my name and paid it with my debit card (I have given my debit card which had no money in it and only transfer my rent so which saved me bother from going to the bank). This has been happening since 2010 - 2013 where they bought £8,000 worth of items and decided that they did not have the money to pay and defaulted the account.

    I only got to find out through a lot a phone call from Lowell and Capquest (2015) stating that i am on default and i need to pay. This has led me to have plenty of arguments and walk out of my family home but i did not have the courage to see my mum or sister end up in jail. Since then, my mother has sent few emails to shopdirect (main owner of isme) and accepted liability of all the debt above stating fraud and mistrust and got a payment plan agreed with them. She is now paying £30 from her own bank account under her name.

    However, the default is still under my name even though shop direct acknowledge the fact that she committed fraud. Is there any way i could get shop direct (Isme) to move the defalut from my name to my mother's?

    To make matters worse i found this out after getting married which meant there are arguments between my wife and me regarding our financial situation. I am unable to get a credit card or loan and she wants to have a house/car etc. She is also 4 months pregnant and gone back to her mum's house asking me to sort this mess out.

    I am not too sure what to do - and it would be great if you can shed some light on this issue. Do i have a case to argue or have to keep the default in my account?

    Thank you in advance for your help.

    - Mareen

  • #2
    Re: Transferring Debt to liable person

    I'd say if the firms involved agree it's fraud then you should not be penalised. To remedy you should write to both, as a formal complaint clarifying things and demanding they remove any adverse data from the credit agencies otherwise you'll be seeking legal advice to seek damages for their actions (affecting your ability to obtain credit).

    You must give them time to respond and at the end you can take it to the FOS (Ombudsman) who should (based on what you've said) find in your favour and kick their arse into gear. You should also be compensated - possibly to around £250-£500 if you're lucky.

    If you need help with the complaint letter then just pm me.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Transferring Debt to liable person

      Originally posted by Never-In-Doubt View Post
      I'd say if the firms involved agree it's fraud then you should not be penalised. To remedy you should write to both, as a formal complaint clarifying things and demanding they remove any adverse data from the credit agencies otherwise you'll be seeking legal advice to seek damages for their actions (affecting your ability to obtain credit).

      You must give them time to respond and at the end you can take it to the FOS (Ombudsman) who should (based on what you've said) find in your favour and kick their arse into gear. You should also be compensated - possibly to around £250-£500 if you're lucky.

      If you need help with the complaint letter then just pm me.
      Hello,

      Thank you for your advise. I have contacted one of the agency (Lowell) who have requested you me to write them a letter with my side of the story and my mother's side with both of us signing the letter. This will then be sent to shop direct who will apparently be making a decision. I am not too sure how this is going to turn out but i do need your help with a complaint letter to another agency (Capquest). I will send you a PM shortly.

      Many thanks,
      Mareen

      Comment


      • #4
        Re: Transferring Debt to liable person

        Originally posted by mareen View Post
        Hello,

        Thank you for your advise. I have contacted one of the agency (Lowell) who have requested you me to write them a letter with my side of the story and my mother's side with both of us signing the letter. This will then be sent to shop direct who will apparently be making a decision. I am not too sure how this is going to turn out but i do need your help with a complaint letter to another agency (Capquest). I will send you a PM shortly.

        Many thanks,
        Mareen
        It's not Lowell who are dictating - it should be you deal directly with the creditor relating to their past letter confirming that you are not liable - miss Lowell out and go straight to SDG

        Why not email their CEO first and refer him to the letter where they agree you are not liable -> nick.mcbrien@shopdirect.com

        He is showing as the FCA authorised contact.

        Click image for larger version

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        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: Transferring Debt to liable person

          thanks for message - will post a suitable response later
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Transferring Debt to liable person

            Originally posted by Never-In-Doubt View Post
            thanks for message - will post a suitable response later
            Cheers, I have sent an email to Nick from shop Direct. I am not sure whether he will care but let's see.

            Comment


            • #7
              Re: Transferring Debt to liable person

              Things often get resolved once you contact the CEO.
              Let your smile change the world but don't let the world change your smile


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Re: Transferring Debt to liable person

                I have an update!

                So my email to CEO has been forwarded to someone in Shop direct's team who have confirmed that both defaults are indeed theirs. I have a call with them today afternoon where they will discuss what has happend with both my mother and me. I am hoping for the best to happen and the default is taken away from my account.

                My mother did not know how serious all this default issue gets and now she is regretting opening the account because it has affected my life so badly.

                I will update you all shortly after my call.

                Wish me luck guys

                - Mareen

                Comment


                • #9
                  Re: Transferring Debt to liable person

                  Good luck this afternoon, just be careful on what you agree to and ask for everything to be confirmed in writing.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: Transferring Debt to liable person

                    Update:

                    In our phone call yesterday my mother confirmed she has impersonated me and admitted liability for transferring the debt. They did a credit check on my mother's name and are now happy to remove both default under my name. However, the default is now 3 years old which means there can be complications in buying back the debt from debt collection agency and they will have to agree removing the default - I am not too sure on why debt agencies will need to have a say on this because every time i requested they have stated that shop direct needs to remove them.

                    I am due to hear back from then tomorrow or Thursday regarding what the debt agencies want to do. Hopefully this is all sorted in two days.

                    Comment


                    • #11
                      Re: Transferring Debt to liable person

                      SDG are owners and they sold it to a DCA who rightly updated the CRA entry to their own. As its disputed the DCA has a right of recourse and SDG will instigate the recourse and retrieval of accounts and thus must work with the DCA to achieve this. They cannot force a third party to remove entries on the CRA. They will likely explain things to them for you.

                      Good luck.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: Transferring Debt to liable person

                        Originally posted by Never-In-Doubt View Post
                        SDG are owners and they sold it to a DCA who rightly updated the CRA entry to their own. As its disputed the DCA has a right of recourse and SDG will instigate the recourse and retrieval of accounts and thus must work with the DCA to achieve this. They cannot force a third party to remove entries on the CRA. They will likely explain things to them for you.

                        Good luck.
                        ohh noo, what to do if they came back and said DCA and not willing to remove them? What should my next steps be?

                        Comment


                        • #13
                          Re: Transferring Debt to liable person

                          They will if the creditor asks. Hence I said its between them. Don't stress.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Transferring Debt to liable person

                            Update:

                            I have heard back from shop direct that they have requested the debt back from the DCA and they have agreed to transfer back. This should mean they will be removing my default in 28 days.

                            I will let you guys know if anything changes from here. I would like to thank you all for helping me with this and I wish i came to this forum sooner than asking for help in MSE.

                            Comment


                            • #15
                              Re: Transferring Debt to liable person

                              That's great news, do confirm on here when your credit file is clear. Good luck with everything.
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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