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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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I had my son arrested money from my bank account

Resolved Question:

I had my son arrested for stealing money from my bank account I was on holiday and the bank sent a new PIN number for online banking. He managed to get my PIN number and got into my account and take the money out and also took a payday loan out in my name and transferred it to his bank account He has got a cocaine habit Because it was his first offence the police recommended a caution to which I agreed. The payday loan company were chasing me for the money so I contacted them and told them it wasn't me but someone else had got into my account and taken it out so I sent them the name of the police station and crime number but they said I was still liable because he was not prosecuted for it They have since passed the debt on to a debt collecting agency who are pursuing me for the money can you tell be if I am still liable for this debt. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you given them the crime number?
I'm just about to travel home so may not be able to respond for a short time but I will pick up soon.
Customer: replied 2 years ago.
Yes I gave them a crime number but because he was not prosecuted they told me I was still liable
Expert:  Jo C. replied 2 years ago.
I presume they don't have a CCJ against you?
Customer: replied 2 years ago.
No I don't have a ccj
Expert:  Jo C. replied 2 years ago.
In that case you are not liable.
At least, they can argue that you are liable and you can defend on the basis that you were the victim of crime and produce the crime number.
They don't intend to sue though. They have just encouraged debt collectors to see what can be achieved by them. If they intended to sue you would be negotiating with solicitors rather than debt collectors.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
So the debt collectors who are phoning me and sending letters what shall I do about them
Expert:  Jo C. replied 2 years ago.
Just ignore them.
That is all they have power to do.
You can always put the phone down on them.
Customer: replied 2 years ago.
Thank you for your answer very helpful
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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