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Fraudulent credit card debt

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  • Fraudulent credit card debt

    Hello. I'm new to this forum so I hope this is in the correct place.
    My partner received a letter from Robinson Way Limited stating that it is acting to recover a credit card debt of £500 for Barclaycard. It did not contain any information as to when the card was taken out e.t.c and it certainly isn't a debt run up by us regardless of who's name is on the account.
    My partners father is a difficult man to say the least. He has spent most of his life in prison and we are not in contact with him. He fraudulently created credit card and cheque accounts under his wife and daughters (my partner) name and we wonder whether this could be one of these instances as she has never had a credit card. This would have been easily over ten years ago however making this debt very old.
    I understand that explaining this to a debt collection agency wound go down like a lead balloon and so I wonder if anybody could advise me of my options. If we could establish a few details around the debt such as when and where it is from that would be a start however the debt agency have been less than helpful. I'm hoping there may be a legal way of refusing payment as without a confession from her dad I'm up against it really.
    Thank you for any help/advice you can give me.
    Danny
    Tags: None

  • #2
    Re: Fraudulent credit card debt

    First don't panic more knowledgeable people will around. Please remember that everyone on this forum is an unpaid volunteer. If the account has been created by fraud it is not enforceable. It doesn't belong to you and there is no obligation on you to repay. I think it might be worth doing a subject access request on baclays. There is a statutory £10 fee ant they have 40 days to respond. You could report the account as fraudulent to barclays. If no acknowledgement of a debt occurs for six years it becomes statute barred and cannot be enforced through the courts.

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    • #3
      Re: Fraudulent credit card debt

      A CCA request to Robinson Way would also assist and likely put things on hold while you figure out where this has come from- CCA Request Letter You could also tell them that while you do not recognise the debt you believe it would be statute barred. Something like this http://www.legalbeagles.info/forums/...ed-Debt-Letter - separate to the CCA request.
      as well as that do the SAR to Barclaycard as seduraed suggested - Subject Access Request Letter - which should get you any details of how the card was taken out, what details were used and any transactions on the account. As you're not absolutely certain this is down to your partner's father it would be wise to check this out first.
      Has your partner checked their credit file - that also might be an idea - see if this shows on there, and whether there is anything else you don't recognise - noddle.co.uk is pretty good, free and immediate. Of course if the debt is over 10 years old then it won't show on there but might give you a good idea where things stand.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #4
        Re: Fraudulent credit card debt

        Thanks for the replies. This will be more than enough to get the ball rolling. Much appreciated

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        • #5
          Re: Fraudulent credit card debt

          It's a start, and better than stuffing the letters down the back of the sofa ... Let us know how you get on with it.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment

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