• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Car Finance taken out in my name without consent

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Car Finance taken out in my name without consent

    I was recently in the early stages of looking to buy a property and as such, I checked my credit score. In doing this I found that my credit score was extremely low (200 on Equifax) with notes to indicate I had not made certain payments on time. In investigating what these late payment charges related to I was able to confirm from Equifax that these were in connection with a Car Finance Company. As far as I was concerned at this point I did not have any agreements in place with this company and so I called them to understand what this related to. They asked me my name and my date of birth and I got through to security quite easy. The company informed me that it was to do with a vehicle which I could only identify as my Sisters. I was confused as to why they had my details on file and so tried to investigate this further.

    I spoke to my Brother and he informed me that my Sister had written off the car 4 months earlier but that the insurance were in the process of making the payments. My Sister who owned the vehicle was not answering my calls and simply told me that the insurance was under my Mothers name if I wanted to chase it up myself if I was so concerned about the credit score. At this point I saw no option than to take matters into my own hands to understand exactly what was going on with this insurance.

    I managed to get through to the insurance with the help of my Mother (who btw I would note is currently very ill), who informed me they were awaiting documentation. I let my Sister know this and so together we began gathering the information for submission to the insurance. This was for both the gap insurance and her normal insurance.

    One of the items they had requested was a copy of the finance agreement which we requested a copy of. I was keen to see this myself as prior to checking my credit rating I had no knowledge/recollection of entering into any agreements in my name. I also have never stepped foot in the dealership my Sister got the car from. I called the finance company and they confirmed they could fax this to me. On receipt of the agreement, I noted that this had all my details, bank details, an old work address, my home address but no signature. I was quite shocked at this as I had never given this company my details and so I rang them back and told them this wasn’t me who gave this information and that I had no recollection of signing such an document. I told them that this was actually my Sisters car and insisted on them sending me a copy of the signed document.

    The finance company weren’t very co-operative and actually pulled the plug on my call on two occasions of me asking for a copy of the signed document. I eventually spoke to someone who I was able to explain the situation to but they also refused to send me a signed copy of the agreement. Instead they put this forward to their fraud team to investigate. One point I did mention to the person on the phone was that whilst they had my bank details on this agreement no money had ever left my account to pay for this vehicle. They informed me that this was changed shortly after the agreement was entered into. They also confirmed the email address they had on file for the account which was not mine and was actually my Sisters.

    Not knowing what else to do, I spoke to my friend who advised that they had no right to withhold the document and that I could submit a subject data access request to find out exactly how they have got this information and to get a copy of the signed document.

    I have also since checked the rest of the documentation that the dealership sent to support the insurance claim, i.e. sales invoice etc and all of these documents are also unsigned.

    There is currently 10k outstanding on finance while the insurance and gap insurance review the claims but more importantly I am concerned about my credit rating.

    The person on the phone who referred this to the fraud team confirmed that the team would have 56 days to look into this. The following day another payment fell due and as I understand 5 missed payments can lead to a default on my credit rating I have been forced to make a payment for a car which I have never owned under an agreement which I have never given details for or signed. In doing this I wrote to the finance company explaining exactly the reason for me making the payment (i.e. to prevent further damage to my score) but that I didn’t believe this to be due and expect to be fully reimbursed once they have looked into this.

    To top this all off my sibling has cut all contact with myself so I have no idea what to do from here. Please could someone help me understand where I stand as although this is my Sister I am pretty sure she has taken this out fraudulently in my name.

    Any comments/advice would be much appreciated.

  • #2
    Hi and welcome

    Up until now I suppose relations with your sister were normal, so how sad she felt it was acceptable to use your details.

    Eventually it will be sorted and your credit rating restored.
    Equifax website gives instructions on what steps you should be taking (https://www.equifax.co.uk/data-breac...t_strikes.html), but as it is your sister who is involved you might find this difficult.

    Comment


    • #3
      Oh how awful for you, ID theft/fraud is bad enough but finding out it is likely to have been your Sister must be horrid. Sounds like she couldn't get credit so used your previously good rating to get the car credit then used your Mum's to get her insurance on monthly terms ?

      Here's a SAR letter - Subject Access Request Letter

      I'd send one to the dealership and one to the finance company.

      I'd also send a CCA request to the finance company CCA Request

      They won't have to provide the signed copy... but if anything ended up at court they would have to as evidence.

      Are you hoping that the insurance will pay out and the GAP insurance will pay off the finance so you don't have to report your sister and keep your credit file stuck with these 5 late payment markers ?

      des8 how would it scan with the GAP insurance and the car insurance that both were apparently taken out fraudulently ? ( GAP insurance taken out in OPs name presumably to match the fraudulent credit agreement and Car Insurance presumably as it's in the Mums name with Sister as named driver only?) would they still pay out to pay off the agreement ? ( I mean, can it get sorted without making the ID theft/fraud report to the police - not that I think that's what the OP should do but family is family - however awful )


      HarveyMilly - look back on your credit file at any searches/applications or anything else on your file you don't recognise. Check all your files - equifax, experian and callcredit ( free access at Noddle, MSE Credit Club and Clearscore ). Sadly if she's done it once it doesn't seem beyond the realms there could be other stuff lurking.

      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Regarding the insurance, it will really depend on how the proposal form was completed.
        We have finance in one name (OP's)
        Car registered to ??
        Car insurance in mother's name....was she aware of this? did she sign the proposal form or was it effected on line?
        What was said on the proposal regarding keeper/owner/main driver/additional drivers

        As an industry insurers are very anti fraud as it strikes at the heart of the insurance principle of utmost good faith.
        If no third party was injured, and no other property damaged it is quite likely they will decline to meet the claim if the proposal forms were deliberately completed falsely.
        They might well meet any third party claim, but then pursue OP's sister
        If there is evidence of deliberate fraud they will co operate with the police

        Comment


        • #5
          It's a technicality in this case, really, but the Consumer Insurance (Disclosure and Representations) Act 2012 did away with the principle of utmost good faith in respect of consumer policies. It is replaced with a duty to take reasonable care.

          In this case, it sounds like the sister told the insurers a pack of lies, so the policy is probably voidable in any case.

          More details here.
          https://www.abi.org.uk/data-and-reso...for-customers/

          Comment


          • #6
            I didn't refer to the duty of utmost good faith but the principle (which hopefully everyone respects in all their dealings )
            The law may have changed but insurers will npt look kindly on deliberately false statements
            Last edited by des8; 31st January 2019, 17:11:PM.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X