A Southport man has successfully managed to write off thousands of pounds in loans and credit cards allegedly taken out in his name by his ex-wife, during their marriage.
Daniel Lindsay had County Court proceedings issued against him by HFC Bank Ltd in relation to a credit card debt of almost £6,000. The Court case was issued in January 2008, and recently settled before trial. The bank finally agreed, after years of arguing the case, to write off the debt and clear Mr Lindsay’s credit record.
The credit card which was at the heart of the dispute had been taken out in January 2003. However, Mr Lindsay only became aware of it in around January 2007. It was at this point, following his wife vacating the marital home without warning, that Mr Lindsay began to realise the extent of the debts that his wife had allegedly accrued without his knowledge, during their marriage. It transpired that some of the debts were in Mr Lindsay’s sole name, although he never signed for any of them nor did he ever have the benefit of the money.
Through various loans, credit cards, and even further borrowing on their home, Mrs Lindsay had allegedly managed to obtain almost £114,000 without her husband’s knowledge. One by one, Mr Lindsay has had to fight these debts, succeeding in getting the majority written off before proceedings were even issued. The credit card with HFC was the last in a long line of battles for Mr Lindsay, and finally came to a conclusion this month.
Mr Lindsay came to Stephensons Solicitors LLP in April 2009, for assistance after the claim by HFC was started against him. He had been defending the claim without solicitors for some time, but was struggling due to the complexities of the case. Due to his limited means, he secured Legal Aid to help fight the proceedings.
After being provided with a copy of the credit card application form, he immediately knew as with many of the other debts, that the signature was not his. A lengthy legal battle therefore followed, and finally resolved with the debt being written off.
The Police investigation into the fraud allegations against his ex-wife is ongoing.
Liam Waine, a Consumer law partner at Stephensons said: “This type of situation, where debts are obtained fraudulently within a relationship, is quite common. The general rule is that if you did not sign the loan/credit card agreement, and you can show that you did not benefit from it in any way, you will not be liable for the debt.
“If a lender then starts legal proceedings against you for the debt, you have a full defence to the claim. It can sometimes be quite difficult to prove these kinds of cases and handwriting experts sometimes have to be instructed to confirm whether or not the signature is a forgery.
“Sometimes people do not realise that they can challenge these debts, and sometimes feel that, just because their partner took the debt out, they cannot do anything about it. This is not always the case, and if anyone is in this position and is facing Court proceedings, I would urge them to seek advice from a specialist solicitor as a matter of urgency.”
Mr Lindsay added: “This is the last hurdle in a four year battle with various lenders involving debts of over £114,000. Thank you to Stephensons for their expertise in resolving this final debt. I am just relieved that it is all over now, and that I can put all of this behind me.”
The Consumer law team at Stephensons has been helping people across the UK get out of debt for more than 14 years. The firm is nationally-recognised in challenging unfair consumer credit agreements. For more information, log on to the firm’s dedicated money advice website www.debtandrepossession.co.uk.
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Editors’ notes
About Stephensons: Stephensons is the leading firm in the country at challenging unfair agreements, and specialises in writing off agreements, defending mortgage repossession claims and fighting bankruptcy and charging order hearings.
All media enquiries: Lianne Tracey
Stephensons Solicitors LLP
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