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Forged signature on loan agreement

2

Comments

  • System
    System Posts: 178,355 Community Admin
    10,000 Posts Photogenic Name Dropper
    Could be worse, the loan couldn't have happened and the window company could have come back given you'd not paid them in full, taken down your conservatory, billed you not only for putting it up but taking it down as well leaving you at best out of pocket for the half you did pay for and no conservatory.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Sim74 wrote: »
    Alderbank, thank you for your comments and the way you have explained it, no-one has put across some of the points you have made before and has certainly given me a different perspective on the situation.

    The settlement figure came after I found out about the loan activating and as previously said , I wrongly assumed it would be a situation that could have been sorted early, so did not even think about taking out another loan at the time.

    But what exactly did you think the solution would be that didn't involve another loan?.

    Even if you succeeded with your complaint you would have still owed the money and still had to find a way to pay it.

    So i don't understand why you didn't get another loan 4 years ago when you weren't happy with the loan repayment terms. Waiting 4 years and paying a loan that you weren't happy with is bazaar considering you could have applied for another loan at any time.
  • AndyBSG
    AndyBSG Posts: 987 Forumite
    Part of the Furniture Combo Breaker
    If fraud has been committed then it is a criminal offence so just report it to the police.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    AndyBSG wrote: »
    If fraud has been committed then it is a criminal offence so just report it to the police.

    Who will issue a crime number and do nothing else. They don't have the resources to be looking into things like this, especially when no one has lost anything.

    And the OP will still owe the money. He needs to focus on repaying it, not chasing trivialities.
  • Alderbank
    Alderbank Posts: 3,979 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    AndyBSG wrote: »
    If fraud has been committed then it is a criminal offence so just report it to the police.

    Read the thread before posting, Andy. The OP contacted the police but they were unable to help (post #6).
  • Sim74
    Sim74 Posts: 8 Forumite
    takman wrote: »
    But what exactly did you think the solution would be that didn't involve another loan?.

    Even if you succeeded with your complaint you would have still owed the money and still had to find a way to pay it.

    So i don't understand why you didn't get another loan 4 years ago when you weren't happy with the loan repayment terms. Waiting 4 years and paying a loan that you weren't happy with is bazaar considering you could have applied for another loan at any time.

    I have always known I've had to pay of some kind of loan, I've never disputed that, my issue has been that someone else took out a loan on my behalf by forging my signature where I had no say in the matter and am being asked to pay back more than I would have accepted if given the option in the first place, this means I will be at a loss of about 6k (this includes a paying back the loan amount of about 4%) which by law is a criminal offence.

    I accept that in hindsight I should have taken out another loan to pay this off but it honestly didn't occur to me, ironically I would have virtually paid off the loan by now if, had plus I would have expected a bank the size of Barclays to take fraud seriously.
  • Alderbank
    Alderbank Posts: 3,979 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Sim74 wrote: »
    I accept that in hindsight I should have taken out another loan to pay this off but it honestly didn't occur to me, ironically I would have virtually paid off the loan by now if, had plus I would have expected a bank the size of Barclays to take fraud seriously.

    Barclays do take fraud very seriously. They would have investigated and seen that you had bought a conservatory and paid part cash and the balance with one of their loans, a very common arrangement which they probably authorise many times every day. All the sums added up and you were servicing the loan as per the agreement. What could possibly seem fraudulent about that?

    Also, what's all that stuff about 'I also know I wont be able to recover any of the costs I have put into clearing my name, which just seems out of order seeing as I haven't done anything wrong'?

    How much did you pay out and why?

    Nobody has accused you of anything!
  • Sim74
    Sim74 Posts: 8 Forumite
    Alderbank wrote: »
    Barclays do take fraud very seriously. They would have investigated and seen that you had bought a conservatory and paid part cash and the balance with one of their loans, a very common arrangement which they probably authorise many times every day. All the sums added up and you were servicing the loan as per the agreement. What could possibly seem fraudulent about that?

    If you look up fraud on the government website you will see it states that when a person or persons looses out where a signature has been forged, it is a criminal offence no mater what the circumstances, so as to Barclays taking fraud seriously after having had to prove that the signature on the loan document is not mine, they have still failed to except that the agreement was not filled out and signed by myself.

    As for your other point, sorry but I should have worded it better. Because Barclays have not excepted my claim, I have spent money to prove that it was not my handwriting and signature, again under the assumption that Barclays take fraud serious.
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    edited 2 June 2017 at 8:02PM
    Actually having a conservatory installed in your home, paying half and agreeing to pay the other half by finance then cancelling the finance agreement without making any other arrangements to pay the money owed sounds like a good case of simple old fashioned THEFT of half a conservatory by the OP.
    Also it is not unknown for people to deliberately sign something with other than their usual signature in order for them to subsequently claim that it is not their signature.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Sim74 wrote: »
    I have always known I've had to pay of some kind of loan, I've never disputed that, my issue has been that someone else took out a loan on my behalf by forging my signature where I had no say in the matter and am being asked to pay back more than I would have accepted if given the option in the first place, this means I will be at a loss of about 6k (this includes a paying back the loan amount of about 4%) which by law is a criminal offence.

    I accept that in hindsight I should have taken out another loan to pay this off but it honestly didn't occur to me, ironically I would have virtually paid off the loan by now if, had plus I would have expected a bank the size of Barclays to take fraud seriously.

    I don't understand how you can say someone took out the loan without giving you a choice?.

    How did they get you bank account details to take the payments if you didn't give it to them?

    Why didn't you contact your bank and report the first payment as fraudulent if you genuinely believed you did not take out a loan?

    Why didn't you cancel the loan in the 14 day cooling off period?.

    Why did you only pay half for the conservatory without arranging any other finance if you didn't want the finance they provided?

    Have you now applied for a loan with a lower interest rate?, if not why not ?
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