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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have a problem with an ex-partner where she opened several

Resolved Question:

hi,
i have a problem with an ex-partner where she opened several catalogue accounts some years ago(ie 2007/2008).she was paying them up until we split up in 2014 on her own debit card from her own bank account but after we split up i found out that she had opened them in my name.
i was wondering where i stand on this and what can be done about it as they amount to approx £20000.
thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I suppose you didnt complain to the police about fraud when you discovered this? Or did you? I note you spoke to them.
Customer: replied 1 year ago.

i spoke to them when i discovered they were in my name and they said there was nothing they could do as it was a civil matter but i have reported it to action fraud,the catalogue companies have advised me to speak to them again but i got the same answer and was told to take out a civil dispute in the courts

Expert:  Jo C. replied 1 year ago.
Well, that is outrageous of them. If she had been down there making up twaddle about you being violent by breathing on her they would have been round to arrest you so fast the world would spin. This is plainly fraud.
It might be worth reviving your complaint and don't take no for an answer. If they will not act complain to a more senior officer and to the IPCC.
I do understand why they don't want to get involved in domestics and that is a great policy but they have to apply it across the board rather than just to female forms of abuse while male forms of abuse are prosecuted to kingdom come.
In any event, it is a defence to say that this is a fraud. You will probably need to produce a crime number and your evidence may be challenged on the point.
The problem is that they may add a default to your credit rating. You can challenge that but it would be irresponsible of me to tell you that it doesn't give rise a whole load of trouble.
Another option is to pay and sue her for the amounts. You will win.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

thanks,

the police have said that because we were living together at the time the accounts were opened she would argue that i knew all about them and that they were in my name and that would mean i was party to it and therefore there would not be a case to answer,they also said that i must have had correspondence from the companies but as i drive a lorry for a living and am away from home alot i never saw any and they just said it would be my word against hers

Expert:  Jo C. replied 1 year ago.
Well, yes she may. And if she said you had raped her you would probably argue consent but that wouldn't stop them arresting you fast enough. This is just plain sexism. Don't put up with it.
The trouble with this is that the ways in which men abuse generally are against the law and the law is enforced. The ways in which women abuse are quite often completely lawful and when they do offend nobody is hardly ever prosecuted.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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