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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience:  Over 5 years in practice
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I took out a credit card in my friends name 8 years ago. I

Customer Question

I took out a credit card in my friends name 8 years ago. I have been paying it every month until last year. She had now found out and for obvious reasons will not speak to me. The cc company sold the debt to a debt collection agency. My friend wants this debt removed from her name.
I've lost my friend but want to get this paid and have tried speaking to the debt collection agency bit they won't discuss it with me.

My friend is angry again nothing I don't deserve but she said she wanted to prosecute.

What will happen? I am a mum to a 3 year old and another baby on the way. I so wish I hadn't been so foolish but don't know what to do now
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Whats the sum spent on the credit card please?

Also do you have any previous convictions?

What evidence does she have that you did this?
Customer: replied 2 years ago.

£2300 and I told her as she had received a letter from a debt collection agency

Expert:  Jo C. replied 2 years ago.
Ok.

Do you have any previous convictions?
Customer: replied 2 years ago.

Yes I stole some money from my sister when I was in my early 20s a and I was cautioned

Expert:  Jo C. replied 2 years ago.
How many years ago please?
Customer: replied 2 years ago.

16

Expert:  Jo C. replied 2 years ago.
Thanks.

You need to presume the worst. If she wants this off her record then that will only happen if she reports this so probably she will complain to the police and this is fraud.

They might have offered a caution for this if you didn't have previous caution but its not likely in the circumstances. The level of premediation involved in this is too great.

Probably you would be looking at a charge. In terms of what you would get in court is another matter. In fairness, most frauds involve a degree of premeditation by nature of the offence. Its not really an opportunistic offence. As these things go though, the level of sophistication here is not great.

I would expect a low level community order at court plus costs of £85 and the victim surcharge.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

I'm worried a judge would send me to prison and I would lose my children even though I have made some mistakes I work hard and have and have just tried to make life better by being honest and working hard

Expert:  Jo C. replied 2 years ago.

I would expect a low level community order at court plus costs of £85 and the victim surcharge

 

There is no risk of custody.

 

 

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