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| The independent answer to your debt problems | login join |
Welcome| DW George | 01-05-2007 09:46 PM |
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Joined: 01 May 2007 Posts: 158 My Profile | Welcome to our forum. Our mission is to guide you to debt free happiness (DFH). DFH may take a year, it may take 10 years but regardless of how long it takes our community will support and guide you through the process no matter how confusing it seems to you. DW's community draws it members from all walks of life so you will have a broad cross section of experience and knowledge to draw upon. If you think that you may have a dumb question just ask it, no one will judge you. Aspire to DFH and we will help you achieve it. Good luck |
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tomjonkins
| 09-07-2008 02:03 PM |
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Joined: 09 Jul 2008 Posts: 2 | I have a serious problem with my L/T partner who I have just discovered has taken out some sort of secured loan on our home. A letter of intended repossession of the property has arrived demanding payment of arrears. As I have never been party to this transaction; and effectively a non signatory to any such application, and assuming that my signature would have been forged, I intend to take this company to task for irresponsible lending in order to have the threat of a repo removed. As my partner suffers from mental health issues, and regardless of the fact a loan was issued, it is my contention that this transaction was illegal by mere fact that no representative called or contacted me to confirm that the transaction was legal, or if they did, it certainly was not me they may have spoken to. I intend to fight this company without the use of a rip off solicitor so any advice would be welcome.......Regards.F.John T |
| DW George | 10-07-2008 11:16 AM |
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Joined: 01 May 2007 Posts: 158 My Profile | Welcome to the forum John If the house is in joint names then any sort of borrowing, with the house as security, requires your signature. If your partner forged your signature, then she may be liable to fraud allegations by the lender. This may be mitigated by your partners mental health issues though. However, if your partner was encouraged to forged your signature by the lenders representative then the secured loan company will be in trouble too. You say you don't want to use a solicitor, but I would caution against not taking some form of legal advice. With a solicitor, you are getting a form of guarantee that the advice they give you is correct, no one else can give you that guarantee. If you really don't want to use a solicitor then your first port of call should be your local trading standards. Alternatively speak to the CAB and they may be able to put you in touch with a specialist solicitor. Let us know how you get. George |
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tomjonkins
| 20-07-2008 12:10 AM |
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Joined: 09 Jul 2008 Posts: 2 | To George..............Many thanks for your reply which I find most encouraging; my reasons for not wishing to consult a solicitor arise from bad advice that cost me dear. So far, I am in the process of obtaining credit reports from the three main agencies in order to find out who exactly is owed this debt in order for me to proceed. What I find difficult to understand is how a loan of any significance is not vetted more thoroughly and any signature witnessed by a representative of the lender. Merely by doing a credit check would, I know for sure have disqualified me from obtaining a loan in the first place: and if the lender has approved a loan only on the basis of there being sufficient collateral without a proper check, then surely this is irresponsible lending. All this aside, and as my partner is still denying responsibility, I believe I should go down the road of stolen identity before directly incriminating my partner, which I know I may have to do eventually if I am to save the day...What do you think ???? |
| DW George | 21-07-2008 11:17 AM |
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Joined: 01 May 2007 Posts: 158 My Profile | Tom You don't have to tell me about indiscriminate lending and unfortunately it is allowed :(. Creditors look at you, a borrower, and think we can make a lot of money from you. For the loans your partner has signed you have to prove that you did not sign the credit agreement. To be successful in your application you'll need to get some form of legal advice because it might not be enough for your partner to eventually admit to forging your signature, you may have to get a handwriting expert too. Have you spoken to the Citizen's Advice or Trading Standards yet? George |
