Fraud?

[carolinemcharg1]

My ex partner is using my address to obtain loans...then defaulting...is this fraud?could bailiffs call over his debts ..despite him moving out 18 months ago?loans taken out about 5 months ago

[Buenchico]

>>>is this fraud?

It's 'fraud by misrepresentation', contrary to Section 2 of the Fraud Act 2006:
http://www.legislation.gov.uk/ukpga/2006/35/section/2


>>>could bailiffs call over his debts

Bailiffs can only become involved after:
a) the debtor has failed to meet demands for payment ; and
b) a County Court Judgement has been issued against the debtor ; and
c) the debtor has failed to comply with that CCJ ; and
d) the lender has then obtained an enforcement order, permitting the use of bailiffs, from the County Court.
Further, they can only take property which is owned by the debtor, not that which is owned by someone else living at the same address. So there's no immediate worry about bailiffs turning up on your doorstep but you could well see debt collectors (without bailiffs' powers) arriving at any time, which would at least give you the opportunity to explain the situation.

Your first course of action should be to file a 'Notice of Disassociation' with each of the three main credit agencies. Write to
Equifax Credit File Advice Centre
P.O. Box 1140
Bradford
BD1 5US
or phone [phone]
to ask for a form.

Experian's form is available online (although you have to print it out and submit it by post):
http://www.experian.co.uk/downloads/consumer/financialconnections.pdf

CallCredit also offers a similar way of doing things:
www.callcredit.co.uk/files/Disassociation%20Form%20v2.0.pdf

Then have a word with your local Community Constable.

[carolinemcharg1]

Thanks...disassociation impossible.....had a joint account which i never had access to...he refuses to fill in bank form...to change from joint to sole use....have filled in forms....he won't sign...constantly over his overdraft limit...and account needs to be in credit....only option really now is to freeze joint account...he is now ignoring emails...any form of communication..despite the fact we have children together....

[themas]

I don't think you can freeze the joint account by yourself, but if nothing is being done to make payments towards the overdraft the bank can - & should - freeze the account so it can't be used. If they don't do this you may well be able to put the bank on notice that all future use of it will be his & you will refuse to accept responsibility for any debt incurred.

This will not, I think, affect the existing overdraft, for which you are legally liable as well as him. The bank could chase you for payment of it as well as - or instead of - chasing him. Because of that, if they went to Court & got a County Court Judgement against you it is possible bailiffs could come to your address.

If you need detailed advice on any of this, go to your local CAB or other free debt advice service.

[boxtops]

Tell the bank a.s.a.p. When we split up and notified the bank, they froze our joint account straight away.

[carolinemcharg1]

Thanks for the advice...can't understand really why bank are making payments when overdraft limit is exceeded by £300 or so.....