Impossible Situation

[Deleted User]

AndySandy wrote: »

It’s unsecured debt I assume, get a job abroad for a few years and forget about it. I know several people that have done exactly that and not heard a peep.

That's not really the correct advice now, is it?

sleepyjones

Would there be any recourse in regards to irresponsible lending?

I guess telling porkies about your income on the application doesn't help matters but surely they have a duty to carry out the appropriate affordability checks?

sourcrates

xlnc99 wrote: »

how is it possible to get 70k credit ....

granted i know he lied on his application form and said he was working but even still. They would have checked his credit file and for him to get 70k of credit is insane! What salary did he put on the forms!

im not buying this at all

No amount of credit checking would confirm his salary, if someone lies, its difficult to spot, I agree its insane, but no more insane than someone on 12k a year, being given a credit card with a similar limit.

I notice a lot of SOA`s that people post on DFW have quite modest salaries, compared to the debts they are carrying, sometimes the debt is 3 times what they earn, is that not also insane ?

xlnc99

I realise the salary is not reported on the credit file but my point is to get 70k worth of credit - any sane or legitmate company would have seen his file and seen all his debts (unless he got the 70k worth of credit all at the same time), plus the fact the lenders would have seen is searches for all these loans. The fact he put his salary at 60k and got credit for 70k doesnt make sense

Im not buying this story, doesnt make any sense. Also he got one loan for 13k and one for 12k - Who would offer that these days without doing some sort of checks, unless its with your bank who have access to your statements and can see your income.

Too many question marks here

RidiculousSituation

Xlnc99 - I fail what your trying to achieve by saying there are too many questions here. I have stated what has happened and stated that he acted fraudulently, what more exactly do you think there is to this story.

I have come here to request the best advice to move forward, it in no way benefits me to not give an accurate picture of what has happened.

I am sorry you choose to disbelieve what I have stated.

Andy he does not wish to run, he knows he has to face the music as such, and it should be a valuable lesson to him, running from problems just for isn’t the answer.

xlnc99

My point is story doesnt make sense.

However, on the chance everything you said is correct you do have a case for irresponsible lending. I would go ahead and make that complaint. Dont worry about the fradulent claims, as the lender is as much to blame for not doing their checks.

Would have been alot easier if you came on the thread said your son made 'mistakes' on the application rather then admtting he did fraud as mistakes do happen all the time

Either way he has a strong claim here

sourcrates

A first step maybe to lodge irresponcible lending complaints with the creditors concerned.
The process is covered on the debt camel website here :


https://debtcamel.co.uk/refunds-large-high-cost-loans/


Although they mention payday lenders, the process is the same or similar, for any lender.

RidiculousSituation

Thanks for your response xlnc99. I fail to see saying my son made a mistake on his application when he’s been unemployed for ages as a good way of finding the best advice or obtaining creditability for the facts.

I agree there is certainly irresponsible lending to blame, however I’m trying to avoid him having fraud markers all over his name by going to them and pointing the finger at them.

xlnc99

fraud markers are touch and go to be honest. It could be that he may get a marker with CIFAS but its not guaranteed. Depends on the company and circumstances.

As for making a mistake on the form - happens all the time. People misspell their names, address. Maybe he didnt understand the questions as he was pressed for time. Maybe the font was to small. Maybe he wrote the employment because he thought was getting a job with that company. Maybe he has certain medical conditions that effect his ability. There are different circumstances for different people. As ridiculous as they sound its hard to actually proove fraud on an application unless its very clear and obvious and the person admits it. If he did this on the telephone or in branch where they have recordings then its clear and obvious. He has a chance if it was done online. There are alot loopholes - Legal Loopholes. More importantly the lender would not want to go down this route either because he makes them look bad for not doing their checks and im sure they may well get into trouble too if too many complaints come their way

Best thing to do is write to the lender and complain to see what they say

Willing2Learn

xlnc99 wrote: »

… As for making a mistake on the form - happens all the time. People misspell their names, address. Maybe he didnt understand the questions as he was pressed for time. Maybe the font was to small. Maybe he wrote the employment because he thought was getting a job with that company. Maybe he has certain medical conditions that effect his ability. There are different circumstances for different people. As ridiculous as they sound its hard to actually proove fraud on an application unless its very clear and obvious and the person admits it. If he did this on the telephone or in branch where they have recordings then its clear and obvious. He has a chance if it was done online. There are alot loopholes - Legal Loopholes....

...Best thing to do is write to the lender and complain to see what they say

I don't believe that encouraging the OPs son to lie again is good advice

AndySandy wrote: »

It’s unsecured debt I assume, get a job abroad for a few years and forget about it. I know several people that have done exactly that and not heard a peep.

And I don't believe that encouraging people to move and 'run away' is good advice either.


@OP - I believe that the bankruptcy option is the best way forward...