Falsly accused of a loan

nodarrow2

A friend of mine has had a letter from a debt company who have been instructed by her ex that she owes £4000 plus £13800 in their fees. Upon recieving this she instructed her solcitor to engage them.

Shes just had a reply from the debt company and been provided with a loan agreement between her ex and her self (signed by both of them but no witness) the signiture for her is similar to that on her passport but not a match.

This alleged loan was back in 2016 and was that she was to start repaying him £50 per month on the 28th of every month. Now shes never payed him £50 per month (they split back in November 2017) and all her bank statements for 2016 show no sign of this £4000 coming into her account. Surely this is enough for her to prove this is a fraudulent accusation ?

Shes extremely worried about this even though Ive reassured her that a debt company ahve no powers and this would have to goto court and proven before they started looking at assets and her house etc but shes still extremely stressed, Ive told her to go back to her solicitor witth her bank statements and highlight the fact this is an unwitnessed agreement (Its so formal that it looks like hes printed a template off the internet and forged the signitures) can a complaint me made with the police on this as a false accusation ?

Any help appreciated as her solicitor is being a little too realistic here and saying this could end up with asset recovery and the signiture on the loan and passport look similar

Thrugelmir

nodarrow2 wrote: »

A friend of mine has had a letter from a debt company who have been instructed by her ex that she owes £4000 plus £13800 in their fees. Upon recieving this she instructed her solcitor to engage them.

That was fast out of the blocks. Is there more to this story? People don't normally employ solicitors until they actually need to.

nodarrow2

she was in full panic mode as her parents live in her house and she didnt know how to handle a debt company - tbf I dint I had to research them

I say upon receiving it but she spent a few days panicking about what to do


shes told me he did this or something similar to his previous ex too and has been violent so wanted to handle this without being personally involved

jimbo26

What did the solicitor say? Probably in a better position to offer advice than non legally trained forum members.

nodarrow2

they are helping but are based up in Scotland - I know they are probably the best ones to help but this lady seems depressed and unable to shift her bum to help herself and just seems to panic rather than help so anything I can get on here to help her im trying

Just seems a little amdd that right now theres very little she can do apart from say fine lets have this out in court - its a hell of alot of stress to put on someone

AnotherJoe

IANAL but i would report this to the police as fraud and notify the insurance company.

nodarrow2

Thats what I said - it needs to goto the Police you cant just falsify documents and set a debt company on someone with no repurcussions ?

Gaz83

With fraudulent loan applications, typically the 'victim' has two choices:

a) Report to the police as fraud, and have criminal charges instigated against the person who has committed said fraud

b) Don't report it to the police as fraud, and admit liability for the loan and its repayment.

If your friend is alleging her ex took out a loan in her name, and forged her signature, then she has to go for Option A.

ETA: I am astonished that her solicitor has not told her this.

forgotmyname

My signature is different on everything I sign. So no that is not proof.

Bank statements do not show transactionsm, they could have paid in cash so not proof either.

So they want it kept private and using a solicitor why are you pasting it on an open forum for the whole world to view?

jimbo26

Gaz83 wrote: »

If your friend is alleging her ex took out a loan in her name, and forged her signature, then she has to go for Option A.

.

I think the OP is saying that the ex has forged a loan document between the couple. ie the ex has lent the money to this woman, and is now claiming she hasn't paid. If this is the case not sure why a debt company would have purchased the debt?

All sounds a bit odd TBH

sourcrates

Who is this “debt company” if the loan agreement is made up, chances are they are too, anyone can create anything with a good computer.