OH being chased by a debt collection company

[ShawCrossShark]

Just wondered if anyone can advise what the best course of action would be really

My OH had a letter through a few weeks ago from a loan company claiming that she owes them £11k from a joint loan with her ex husband which was left over after the sale of their house. This was left over from an additional loan taken out on top of the mortgage (which was solely in his name)

At the time of this agreement, my OH was suffering from post natal depression and was on medication to treat this. We told them that she has no knowledge of this loan and no recollection of signing anything and asked for a copy of the credit agreement.

I would point out at this point that she is not trying to squirm out of paying her debts, as she is currently paying back the other £10k of debt he left her in. We both believe in paying back what we owe and are both trying our best to dig our way out of holes that divorces have left us in.

I presume that they have chased him but as he is self employed he will be cooking the books (same as he did with the CSA so he only pays £20 a week to support his son) and claiming he cannot pay, or they cannot trace him.

The phone calls have stopped based upon the info we have given them but they have sent a copy of the credit agreement and it is blatantly obvious that both signatures are by the same person with a few alterations to the handwriting. It is significant that the same witness applies to both signatures, and this is one of his friends

Not sure how to deal with this one so I was wondering if anyone would be able to give any constructive advice

[Piersman2]

If you're sure it's not your OH's signature tell them so.

Either you'll end up in court having to prove it's not her signature, or they'll be chasing and charging the ex with fraud (you'd hope! ).

Depends how obvious the false signature is, is it anything like your OH's real signature?

Based on what you've said I'd be telling them to stick it and explaining why. But I'd be surprised if that's the end of it if £11K is at stake and they're not getting joy from the ex.

[ShawCrossShark]

Thanks Piersman. It is nothing like her signature, added to the fact that it is signed with her Christian name and she always signs her initials and always has!!

He is a proper chancer, working for himself and now has another 5 kids under the age of 6 (one of whom is disabled) so they are not short of cash (both him and new wife have iphones and Virgin gym memberships whilst we are paying debts off)

The other side of this is the PND, and whether the fact that she was on medication would affect this

[blindswelledrat]

Im intrigued with this one SCS.
On the face of it she has not entered any agreement so they can't possibly pursue her for it.
Does the agreement indicate which account the money went into?
I would suspect that this could be the only possible sticking point but I can't see for a moment that the company would pursue a forged signature.

[anonymous-user]

ShawCrossShark said:

Thanks Piersman. It is nothing like her signature, added to the fact that it is signed with her Christian name and she always signs her initials and always has!!

He is a proper chancer, working for himself and now has another 5 kids under the age of 6 (one of whom is disabled) so they are not short of cash (both him and new wife have iphones and Virgin gym memberships whilst we are paying debts off)

The other side of this is the PND, and whether the fact that she was on medication would affect this

If she didn't sign it then the PND doesn't really alter that fact. What contact did the loan company have with her? Any phone records? Maybe asking for the phone recordings would be a good start.

From my own experience when I re-mortgaged they rang my ex directly.

[gpo746]

To be blunt it sounds like fraud by the ex. I think it would be useful to get a copy of her credit file and to report the fraud to the police.

[Simpo Two]

Debt recovery outfits will have seen every excuse under the sun, and 'It's not my signature' will be one of them.

You'll have to prove it somehow.

[caziques]

I would suggest the following:

Take a copy of the signatures for the loan you are paying off (which presumably are correct), send this with a polite but firm letter pointing out the fraud. Suggest that further correspondence trying to chase the amount is harassment, however the bank account details of where the money went is requested so the file can be passed to the police (who will probably claim it is a civil matter).

[Simpo Two]

caziques said:

however the bank account details of where the money went is requested so the file can be passed to the police

No doubt they will cite 'DPA'; no-one is going to send out bank details willy nilly to unknown parties on request.

Workhouses, that's what we need.

[pacoryan]

Suggest you find several copies of her signature from the period, perhaps copy mortgage application forms (easy to obtain if she used a broker, or even request it from the lender), or use her passport and driving license signatures.

[knk]

The crux is not what the signature looks like, it is the fact that the signature was witnessed. It may well come down to the witnesses story and credibility.