Debt not paid by "trusted" party

[Skelly1983]

Re: Debt not paid by "trusted" party

So would you advice be in regards to getting the police involved as last time i was told that there is nothing they can do and it was a civli mater.

Should i go into a station? and would this be something to report to the IPCC?

[bluebottle]

Re: Debt not paid by "trusted" party

I have looked at your initial post again and note that the loan was a joint loan, which means that both your wife and her former friend are liable for repaying the loan. However, what appears to have happened is that your wife handed her share of the repayments to her former friend and, subsequently, her former friend's mother to pass on to the loan company. Obviously, these payments have not been passed on and it would also appear that the former friend has defaulted on her share of the repayments.

What is very interesting, however, is the rumours that the former friend appears to have been convicted of defrauding the Department for Work and Pensions. If these rumours can be investigated and it can be confirmed your wife's former friend has, indeed, been convicted of Benefit Fraud, it would strengthen a complaint of Fraud by Abuse of Position on the former friend's part.

I have noted Davyb's comments about the matter being statute-barred. If no acknowledgement or payments have been made in the last six years, it is, as Davyb states, statute-barred, in which case, the DCAs involved could be skating on thin ice. CapQuest are well-known for chasing statute-barred debts. The way they go about it, however, is often totally unlawful.

[Skelly1983]

Re: Debt not paid by "trusted" party

There was rumours also that the former friend had been listed as bankrupt, is it true that if someone is listed as bankrupt they get listed in a paper? if so is there a facility i can use to search to see if this is also the case?

[Skelly1983]

Re: Debt not paid by "trusted" party

Good news, found the press release made by Northumberland County Council naming the former friend, which states that they have been successful in securing the prosecution of a Cramlington woman who fraudulently claimed benefits, and has her name listed further.

This should be enough evidence at least to prove that she is at least capable of fraud, along with the bank statements of the payment going into her account from my wifes account, of which we already have of the bank.

The other thing i was thinking is a few years ago my wife had been unable to pay on one month and had sent a txt to the former friend, and about a year later the payment was late and the former friend then txt my wife asking for the payment.

Is there anyway without a court order to get the logs for my wifes phone details? because if that was possible these corrispondance could be matched against the fact that bank statement states these payments were late.

[Hurricane Puffrose]

Re: Debt not paid by "trusted" party

what kind of details do you need?

As far as I am aware, old bills showing phone calls and durations can be requested but the provider can charge for them, as or text messages, I honestly don't think there is a way of showing the content.. but I will ask

[bluebottle]

Re: Debt not paid by "trusted" party

You may need to enlist the services of a legal professional to help you unravel the mess that has developed over the years, Skelly, as well as kick the backsides of the police and CapQuest. Due to the conviction of your wife's former friend, I would not put it past CapQuest to try a spot of mud-slinging. This is one reason why you should consider professional legal advice.

[Hurricane Puffrose]

Re: Debt not paid by "trusted" party

From the information I am getting, they cannot provide details of a text as this is stored only on the phone memory.. just had it confirmed, no way it can be provided.. call lengths and times, and they can provide the time it was sent, but not the content.

p

[ploddertom]

Re: Debt not paid by "trusted" party

I'll stick my oar in and say stick with the SB route and tell the DCA the same.

[Skelly1983]

Re: Debt not paid by "trusted" party

I will be going down the SB route with the DCA.

And will be looking at getting her prosecuted because even if the account is SB i aint letting her get away with robbing us.

I dont feel i will need the content of the SMS, i think being able to show that there was a corrispondance between them when the payments were late will be good enough to help.

Although there must be a log of the content, if the police can get hold of text messages when they are investigating crimes there must be a log, and in that case it is information that should be available to the person who owns the phone.

[Guest]

Re: Debt not paid by "trusted" party

If the police don't want to get involved. There is nothing stopping you starting a civil action through small claims.

D

[Hurricane Puffrose]

Re: Debt not paid by "trusted" party

basically its the joys of the DPA.

you cannot say I want to get in to Mr X's account and check an SMS, because Mr X might not want you in there, but having said that, Mr X cant say I need to check the SMS I sent to Mr Y as you might not want to let him see it.

[Skelly1983]

Re: Debt not paid by "trusted" party

That still dont make sense my wife would be saying she wants access to all her SMS messages contents to the former friend.

That data a company hold on my wife can be requested by my wife, that would include the contents of the text messages that she has sent.

[Hurricane Puffrose]

Re: Debt not paid by "trusted" party

I know.. its a case of being too safe!

The companies I have asked (former colleuges in 02, former rivals in tmobile and 3) have all said, if you have deleted it from the phone there is no way they can find out the content of the text, just the time and date it was sent.. apparently thats all the police get too..

[Skelly1983]

Re: Debt not paid by "trusted" party

ah well thats all i need really anyway the time and date will be good enough

[Hurricane Puffrose]

Re: Debt not paid by "trusted" party

you need to speak to the provider, explain why and they can charge you for it.. cant promise but they may waive it if its for a court case.. worth a try!