A pensioner from Liverpool, who suffered years of problems with debt companies after his identity was stolen, has won the fight to clear his name.
John Brewer had been a victim of identity fraud going back as far as 2003. Since then, he has received letters regarding various debts that did not belong to him, and would contact the companies to explain that they were not his.
In around October 2008, he received a notice from the Court, informing him that a company called MCE Portfolio Ltd had obtained a County Court Judgment (CCJ) against him for a debt of £8,310.55, and had applied to secure the judgment over his property. Prior to this, John had not received any documents relating to the Court proceedings, and had no idea what the debt related to.
He went to his local Citizens Advice Bureau for assistance, and they began to investigate the case. They found that the debt related to a loan taken out with First Response Finance, in April 2003. The debt had then been sold on to MCE Portfolio Ltd. The CAB managed to obtain a copy of the loan agreement, which showed that the loan was for the purchase of a car. John immediately recognised that the signature was not his, and he had never possessed the vehicle referred to in the agreement.
Over the years, John had been the victim of a burglary on at least 3 separate occasions. Each time, the matter was reported to the Police, but no charges were ever brought. John believes that that personal information may have been stolen from his property during these burglaries, and later used by someone to fraudulently obtain credit in his name.
As MCE Portfolio had obtained a charging order against his property, there was a significant risk that he could lose his home, if they chose to apply to the Court for an order for the sale of the property. John initially tried to correspond with MCE Portfolio Ltd, and their solicitors, with the assistance of the Citizens Advice Bureau. However, they refused to cancel the debt.
The Citizens Advice Bureau were unable to assist John further, and referred him to North West law firm, Stephensons Solicitors LLP, who have a team specialising in disputed debts, and in particular, fraud. Stephensons immediately applied for Legal Aid to assist John with his legal costs, due to his limited financial means.
Stephensons commissioned a handwriting expert report, which confirmed that the signatures on the loan documents did not belong to John Brewer. They then began to make an application to set aside the judgment and charging order, so that John could defend the claim.
After lengthy correspondence with the solicitors for MCE Portfolio Ltd, the case was settled before any application had to be made. MCE agreed to write off the debt, set aside the judgment, and remove the charging order from John’s house.
As a result, John’s home is no longer at risk due to this debt, and the fraud committed against him.
Liam Waine, a partner at Stephensons said: “Mortgage and loan fraud is becoming more and more common, as so many applications for loans can be done without even having to speak to someone at the loan company. Mr Brewer was an unfortunate victim of identity fraud, but he did the right thing by seeking specialist legal advice as soon as he became aware of the Court proceedings.
“It is always important to act quickly if you think that you have been a victim of fraud like Mr Brewer, as the Court could interpret any delay as you accepting responsibility for the debt.”
If you think that someone has obtained loans fraudulently in your name, you should contact Stephensons’ specialist team on 01942 777777. Legal Aid may be available, subject to eligibility. For more information, log on to www.stephensons.co.uk or the firm’s dedicated money advice website www.debtandrepossession.co.uk.
