Mother in Laws who would have them

[goonerhenry]

I found out the other day my Mother in Law had been in mediation with Cabot financial, when i probed her further it turns out this was for a credit card she hadnt applied for, signed for or even heard of, the debt seems to be from around 7 years ago, she thinks it may be from someone in her ex husbands family that used her details, she moved house around 5 years ago and it was only recently that cabot sent her a letter to her present address, stupidly she ignored it as she had never heard of the debt, it then got as far as a CCJ application to the court, which is when she took notice, but still didnt tell anyone, i have looked through the initial CCJ paperwork and all that was in it was a few bank statements that didnt even date back to begining of the debt and that was it, no credit agreement, default notice or anything, i thought they were supposed to at least include the credit agreement when applying for a CCJ????

My question is what can she do now she has in effect admitted to the debt, gone through mediation and started to pay off the debt?

[the_shadow]

Not a lot without a whole lot of explaining to the court why she did this...

 

As an answer to one of your initial questions....If she didnt defend the case NO evidence would have been required to obtain a CCJ, it would have been automatic as soon as the claimant applied for it.

 

I'm not sure if the police can do anything so long after the crime, possible statute limitation issues on crime? but a police report would go a long way to getting this misjustice sorted. Once you have evidence that this was never her debt then a set aside of the original CCJ needs to take place, application N244 to the court with supporting evidence.

 

S.

[goonerhenry]

thought so, i couldnt believe it when she told me, how you can admit to a debt you know you didint have is beyond me, but im going to try and get a copy of the credit agreement and also see if the original credit card company can shed some light on some payments made using the card as they may show who originally took the card out, but i dont hold much hope as they are happy to have a payment plan in place

[the_shadow]

Whilst it may be a bit embarrassing for her if she can prove the debt is not hers then she should be able to set this aside but its not going to be easy I feel and she should keep the repayments going whilst trying to prove this too.

 

IMVHO anyway

 

S.