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Original poster

Husband has stolen my identity

130 replies

SewMumSew · 07/04/2023 08:35

Hi All,

Hoping someone with knowledge in this area can advise me

I've just discovered that my husband of 10 years has taken out various unsecured loans/credit cards in my name to the tune of £27,000. I had no knowledge of these debts and certainly didn't give my consent for any of it. I am currently on UC as not working. He appears to have been servicing these debts up till December 22 when the relationship with his business partner broke down and he left the company they were both directors of. I am in arrears with all of them as a result of this. I have asked him to leave and he is looking into his options. We are joint tenants of our Housing Association property. I have a 13 year old daughter from my first marriage who will obviously stay with me.

I have contacted all these creditors (4 in total) and they have started fraud investigations on the accounts. Do you think it'll be possible to get them written off since they were taken out fraudulently, or is my best option to go into a DRO or other debt solution?

Please be kind, I'm absolutely fucking heartbroken

Thanks

OP posts:
SmartHome · 08/04/2023 10:26

This happened to my sister. Her husband skipped the country (wasn't British) and she was left with all the debt. She agreed payment plans with the companies and has been paying a moderateamount off every month for about 4 years (they wrote off a large part of it too, in the region of half for each company I think). She's recently paid it off and is trying to repair here credit rating. She divorced him in absentia. She is a high earner though and he wasn't around to pursue. Not sure whether you can divert it all to him if he's in the country?

weightymatters73 · 08/04/2023 17:31

knittingaddict · 08/04/2023 10:15

She won't be responsible for paying off debt in his name. If she gave prove (will be tricky) that this was fraud and she knew nothing about it, the op will not be responsible for this debt.

Show quote history

She will have to PROVE that it was fraud, and there are not many possible ways....the problem is it would almost certainly have to be paid into a joint account or account with her name on it and unless that was also opened fraudulently it is difficult.

There are some circumstances this will be possible - such as if it's been paid into an account in his name only, but that's only really possible if lets say they are called Jane and John and he's opened an account a J Doe.... or the bank has made an error and transferred the loan to an account in a different name.

Banks have to send you statements. DH started getting paper copies of our joint account as he hadn't been into online banking in a long time.

The problem will be if he has all the passwords to her logins, she will have no way to prove she hasn't accessed it.

L3ThirtySeven · 08/04/2023 17:50

You are not liable for a single penny on those credit cards. Do not make any payments at all. File a report with Action Fraud website (U.K. police for fraud).
You’ve already informed the creditors that these are not your debts, your identity was stolen.

You should be able to have the cards removed from your credit reports as they are not yours. Check your credit reports and complain to the creditors of they show up.

The credit card companies will have to file charges for the police to pursue your ex for fraud. If you share your Action Fraud report# that helps the process along with the police.

Magenta82 · 08/04/2023 17:51

This happened to my DP, his ex-wife took out loads of debt in his name, without telling him. It was considered joint debt in the divorce and the magistrates decided that she did nothing wrong because they were married.

L3ThirtySeven · 08/04/2023 17:52

weightymatters73 · 08/04/2023 17:31

She will have to PROVE that it was fraud, and there are not many possible ways....the problem is it would almost certainly have to be paid into a joint account or account with her name on it and unless that was also opened fraudulently it is difficult.

There are some circumstances this will be possible - such as if it's been paid into an account in his name only, but that's only really possible if lets say they are called Jane and John and he's opened an account a J Doe.... or the bank has made an error and transferred the loan to an account in a different name.

Banks have to send you statements. DH started getting paper copies of our joint account as he hadn't been into online banking in a long time.

The problem will be if he has all the passwords to her logins, she will have no way to prove she hasn't accessed it.

Show quote history

She doesn’t have to prove it’s not fraud. The creditors will have to prove that she took out the credit cards and she did the charges.

L3ThirtySeven · 08/04/2023 17:57

BetterFuture1985 · 07/04/2023 17:40

Unfortunately because you are married it's joint debt. You can't commit fraud against a spouse.

If you divorce him though, it would be one of those circumstances where you could get all the debt put in his name. Unless he spent the money on the family and to generate the family income.

Show quote history

You can commit fraud against a spouse.

L3ThirtySeven · 08/04/2023 17:58

Action Fraud ph# is 123 2040 0300 123 2040.

L3ThirtySeven · 08/04/2023 17:59

What! That ph# should read 0300 123 2040
My cut and paste went strange when I hit post

L3ThirtySeven · 08/04/2023 18:01

To stop him from taking out more debts in your name I recommend you contact CIFAS – the UK’s Fraud Prevention Service. Signing up to their ‘Protective Registration Service’ places a warning flag against your name and personal details to indicate that you are at risk of identity fraud.
If a CIFAS-registered lender receives an application in a your name and runs a credit check with any of the UK credit reference agencies, it would be alerted to this and will undertake additional checks to verify that the application is genuine.

You can find out more information and register online, for a small fee, at www.cifas.org.uk or by calling 0330 100 0180. It is also possible to add a password to your credit report.

L3ThirtySeven · 08/04/2023 18:03

It’s very important you make NO PAYMENTS on these accounts. If you make any payments, you are accepting liability. That goes against claiming it is fraud.

gogohmm · 08/04/2023 18:03

Yes you can report it as fraud, you'll need a crime reference number (contact action fraud for advice) but first you need to truthfully think did he ever mention them to you, did he spend money jointly eg did you benefit from the money? Any inkling at all? If not then do report

weightymatters73 · 08/04/2023 18:27

L3ThirtySeven · 08/04/2023 17:52

She doesn’t have to prove it’s not fraud. The creditors will have to prove that she took out the credit cards and she did the charges.

Show quote history

If it's in her name AND paid into her bank account.....they have proven their case that it's her. Otherwise one half of every married couple could pull this trick!

The frauds I have had against me have all involved different addresses which I have never lived at - so much easier to prove fraud....

L3ThirtySeven · 08/04/2023 18:35

weightymatters73 · 08/04/2023 18:27

If it's in her name AND paid into her bank account.....they have proven their case that it's her. Otherwise one half of every married couple could pull this trick!

The frauds I have had against me have all involved different addresses which I have never lived at - so much easier to prove fraud....

Show quote history

Not that simple. If it’s a bank account fraudulently linked to her name, then it’s not her bank account. It’s easy for a fraudster to open a bank account in their own name and add any old person on there as a joint account holder to commit fraud. The bank would have to prove she opened the account.

It’s not a “trick!” This is real fraud.

BetterFuture1985 · 10/04/2023 18:08

knittingaddict · 08/04/2023 10:19

I'm pretty sure this is untrue. You can't take out credit or loans in a spouses name without their knowledge or permission. It is still fraud. Proving it might be more tricky.

Show quote history

Proving it would be impossible. I'm not saying it's legal behaviour, just that it is not fraud. If it was, every other divorcing woman who increased the maximum on their joint credit card and maxed it out would spend the first two years of their divorced life in prison. The problem of course is that its marital (i.e. joint) debt so you can't achieve a gain in the way you could if you stole a stranger's identity for example.

Like I said, the way to resolve this quickly is the financial ombudsman. Then it's up to the bank to decide if THEY were defrauded. Their claim to fraud is much stronger than the OP's....

Coolblur · 10/04/2023 18:57

BetterFuture1985 increasing the limit on a joint credit card or overdraft on a joint account is different to taking out credit solely in a spouse or partner's name without their knowledge. That very definitely is fraud.

BetterFuture1985 · 10/04/2023 21:25

Coolblur · 10/04/2023 18:57

BetterFuture1985 increasing the limit on a joint credit card or overdraft on a joint account is different to taking out credit solely in a spouse or partner's name without their knowledge. That very definitely is fraud.

The outcome is exactly the same. Debt in someone else's name without their consent.

Good luck getting a prosecution for either, because you won't. A civil law resolution may be possible, with the bank.

prh47bridge · 10/04/2023 23:30

BetterFuture1985 · 10/04/2023 21:25

The outcome is exactly the same. Debt in someone else's name without their consent.

Good luck getting a prosecution for either, because you won't. A civil law resolution may be possible, with the bank.

Show quote history

I wouldn't be so certain. For a start, OP's husband hasn't defrauded her. He has defrauded the lenders. Also, this may be classed as controlling or coercive behaviour, which is an offence.

knittingaddict · 11/04/2023 03:31

prh47bridge · 10/04/2023 23:30

I wouldn't be so certain. For a start, OP's husband hasn't defrauded her. He has defrauded the lenders. Also, this may be classed as controlling or coercive behaviour, which is an offence.

Show quote history

I agree. Whose name is on the debt (particularly if the debt is in that person's sole name and they knew nothing about it) really matters. Ramping up debt on a joint card is not the same as taking out loans using another person's identity. The latter is obviously fraud.

BetterFuture1985 · 11/04/2023 16:15

prh47bridge · 10/04/2023 23:30

I wouldn't be so certain. For a start, OP's husband hasn't defrauded her. He has defrauded the lenders. Also, this may be classed as controlling or coercive behaviour, which is an offence.

Show quote history

I already said it was the lender he defrauded, not the OP. Hence why OP cannot prosecute husband for fraud but can complain to the financial ombudsman.

MrsMopNoMore · 21/04/2023 03:15

Hi all, OP here, just to update
The girl and I are out and in a safe house. I am now going to press charges against him.

Trumpton · 21/04/2023 03:37

Well done.I wish you every happiness.

JudgeRudy · 21/04/2023 04:09

BetterFuture1985 · 07/04/2023 17:40

Unfortunately because you are married it's joint debt. You can't commit fraud against a spouse.

If you divorce him though, it would be one of those circumstances where you could get all the debt put in his name. Unless he spent the money on the family and to generate the family income.

Show quote history

The debt might be joint however he has committed fraud against the lenders.

BlackFlyChardonnay · 21/04/2023 04:49

MrsMopNoMore · 21/04/2023 03:15

Hi all, OP here, just to update
The girl and I are out and in a safe house. I am now going to press charges against him.

I guess things have escalated since you first posted, I'm so glad you've got out and are safe.

I sincerely hope you're able to avoid liability for his fraud.

GarlicGrace · 21/04/2023 05:07

Well done, OP. Wishing you the very best of luck and all the support you need.

Zonder · 21/04/2023 05:41

Well done OP. Good of you to update. I wish you all the best.

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