legal help ref credit card company

[chukka64]

Apologies this is a bit of a convoluted story but please bear with me, any definitive answers would be gratefully received.

The issue centres around my other half. It would appear that her ex (hasn't seen him for a year) has used her address to obtain a credit card and run up several thousand pounds worth of debt. Presumably statements have been sent to her house previously but she has just forwarded them onwards. He, apparently, has left the country and she is now receiving threatening letters from the credit card company expecting her to pay for the outstanding money.
They are threatening legal action and of using both collection agencies and/or potentially losing her house.

Is it just 'hot air' or is she in any way legally responsible? She has informed the company of the situation but they are still sending letters to her. She is also, quite rightly, concerned about bailiffs turning up as she has a 5yr old child (not his) in the house.

I have advised her to go to C.A.B and she has also been advised to speak to the Police regarding fraud. Any thoughts PH?

Cheers

[Plotloss]

His debt, nothing to do with her.

It's posturing.

[spikeyhead]

Get a solicitor to write to all those chasing, include the words, Alarm, Harrass and Distress in the letter.

[davethebunny]

ask them for a copy of the signed credit agreement.

No signed credit agreement - no debt

Last time i rang Santander they tried to sell me insurance for this sort of thing.

I said 'so you want me to pay you for insurance for someone stealing your money?'


That was the end of that conversation

Edited by davethebunny on Tuesday 31st August 20:34

[fat tony]

Its not her debt, if the cards are in his name. As advised get a solicitor on the case. The credit companies always try these angles to get someone to pay, and as the card is in his name, and she has no idea about it and as long as she stands her ground with them, she will be ok.

[Echo66]

Tell her to get on the consumer forums & download one of their stadard letter templates for specifically this, denying all knowledge of the debt & quoting relevant

Had a problem with a UK based DCA chasing me for an alleged EU based debt. I sent them an edited copy of a standard letter i found online & never heard from them again. Very useful resource.

[Stoofa]

If the debt is in his name then there is nothing at all to worry about.
A debt is never assigned to an address.
So if debt collection turn up asking for Mr. Smith all she has to do is tell them he doesn't live there and then prove who she is - ie, not the person with a debt.
That will then be it - debt collection agency will have to chase him.
If they don't leave her alone at that time then a letter should be sent, explaining that harrasement is against the law etc.

It becomes more tricky if he has managed to open credit in either a joint name or your friends name.
If that has happened then it is indeed fraud and you will have to get the police involved and probably quite quickly.

[DavidHM]

Is the house in any way his?

[chukka64]

Thanks for the replies, no the house is nothing to do with him, he never even lived there. The plot has thickened though by virtue of the fact that he (the ex) is Australian, the credit card company are Australian and the amount is in Aussie dollars.

That really adds further weight to the fact that they have no case against her or her property. I probably didn't help by laughing a lot and generally taking the pi$$ when she furnished me with those details.

I do wonder whether the company are even aware that the address they are sending their letters to is in the Uk. It does state the town on the envelope but no postcode and no country.

I'm pretty certain though that she has nothing to worry about, of course that won't stop me ripping the pi$$ at every available opportunity.


Thanks again for all the input

[TVR1]

chukka64 said:

Thanks for the replies, no the house is nothing to do with him, he never even lived there. The plot has thickened though by virtue of the fact that he (the ex) is Australian, the credit card company are Australian and the amount is in Aussie dollars.

That really adds further weight to the fact that they have no case against her or her property. I probably didn't help by laughing a lot and generally taking the pi$$ when she furnished me with those details.

I do wonder whether the company are even aware that the address they are sending their letters to is in the Uk. It does state the town on the envelope but no postcode and no country.

I'm pretty certain though that she has nothing to worry about, of course that won't stop me ripping the pi$$ at every available opportunity.


Thanks again for all the input

Apparently, even if the debt is in her name and it is a debt in Australia...she still has nothing to worry about. I give you.....

Service of Documents Abroad - United Kingdom
Relevant conventions / treaties / agreements
There is no Convention, treaty or other agreement in force between Australia and the
United Kingdom on the service of documents in civil proceedings.
The United Kingdom is a party to the Hague Convention on the Service Abroad of
Judicial and Extra Judicial Documents in Civil and Commercial Matters 1965.
However, Australia has not acceded to the Hague Service Convention.
Process to follow
Private agent
Service by private agent is permitted. Service through an agent (generally a British
lawyer) does not breach United Kingdom law and is not considered by the United
Kingdom Government to be a breach of its sovereignty.
Diplomatic channel
The United Kingdom Government will not accept requests through the diplomatic
channel from another Commonwealth country (including Australia) seeking the
assistance of its authorities in serving documents.
Enforcement of Judgments
The United Kingdom is listed in the Foreign Judgments Regulations 1992, made
under the Foreign Judgments Act 1991. However, Australian litigants should be
aware that there is no treaty or convention between the United Kingdom and Australia
in relation to the recognition or enforcement of judgments in civil matters.
Before obtaining a judgment in Australia for enforcement in the United Kingdom,
Australian litigants should seek legal advice from a legal practitioner familiar with the
requirements for enforcement in the United Kingdom.

Sorry for the formatting etc....but I only had a couple of minutes.

Hope this helps