fraud allegation

[kcreasey]

my bank account has been suspended due to a fraud allegation by my ex partner and I can no longer pay my bills etc until it is resolved/////////// in fact i cannot access any money in my account.....shortly most of my bills will become overdue and subsequently they will inform the credit reference companies of my missed payments.............if the case if subsequently dropped of proved innocent against me can i request to the credit reference agencies to remove the references to missed payments as this was not my fault that i couldnt pay????????????? its was because somebody made an unproven allegation against me?????????

[bobthefisherman]

yes, any references to missed payments will be dropped. When you innocence is proved, either by a court or ombudsman etc, this is a legal judgment, so the reference agencies should be aware of why this has happened, and have no reason to "black list" you

[bobthefisherman]

excellent point Davina, I hope as many people as possible read that.....

[boxtops]

I would hope s, kcreasey. What happens when you run a credit report. e,g with Experian, the defaults will show up - then you can write to the company explaining what happened and asking them to apply to the creditors to have the black mark removed. You should write to all the people whose bills you need to pay, too, explaining the position - so it doesn't look like a deliberate withdrawal of payment. Have you got a solicitor working with you about all this? If so they may be able to recommend a quick way to do this, perhaps.

[kcreasey]

i still have access to my ex's email which she doesnt know and although I know this is wrong...i did it just incase something like this happened....i viewed the following email from a police officer to my ex

"""""Hi XXXXX,
I’ve spoken to a very nice chap from MBNA today (Huw Jones) who has intimated that they believe your account of the incident and will be writing the debt off against your name. They are hoping to transfer the debt to Mr XXXXX to be paid off, in agreed terms, by him. I am waiting for full confirmation of this as Huw needed to speak to another colleague who had just gone out to lunch (!). I shall then update Mr XXXXX and put their terms to him. Plan A would be for him to accept them as there will be no police complaint made by the bank who will then become the victim.""""""

from the above email i am now worried that the credit card company beleive her story, which is completely untrue.....because my accounts are frozen i am under such duress to accept the debt and hopefully carry on with my life....however its like blackmail that if i dont accept they will raise a complaint....can this type of thing happen???

ps if i do accept, without admitting fault etc and the debt is transferred to me can i take my ex to small claims court for expenses that i have incurred, as the fraud allegation was not actually proven, just that i accepted the debt as gesture of goodwill??

pps can i also proceed with a court action of defamation of character or will my acceptance of debt not allow me to do this????

thanks

[samak]

IMO this is waaaay too complicated for this site. Proper legal advice is needed.

[boxtops]

Definitely - seek legal advice without delay. You mention MBNA in your post - they are hot on debt and racking up charges. You don't want to get on the wrong side of MBNA, we have a card with them and their interest rate is one of the highest around for normal credit cards, and they slap fees on for the slightest digression. Please go see the CAB and.or a solicitor straight away, it may cost you a fee but it will be an investment against something much worse.