Signature/fraud

[dipsy]

Post regarding loan extension

So a couple get a loan from a subprime lender in say 2009

In 2011 one of the couple goes to the subprime lender and pays off the loan with a new loan leaving some cash over

They sign the form say 27 Feb and then the form is taken away for the partner to sign on the 28 Feb - or not as the case may be

The partner that signs on the 28 Feb says it is not their signature - doesn't match Driving licence or passport signature (which match each other)

The couple split up in 2012, and have both been paying a set amount each month (the interest has been put to 0%)

Question is how do they prove they didn't sign (they were not the one as the borrower - they are listed as joint borrower)

How can you get a hand writing expert and what weight does it carry?

thanks

[Amethyst]

Was the person who's signature was 'forged' aware of the new loan, and did they have the benefit of the additional cash ? Did the new loan extend the term and increase/reduce the monthly payments ? Has this just come to light ?
Also was the loan secured on a joint owned property ? Are there court proceedings ?

[dipsy]

Was the person who's signature was 'forged' aware of the new loan, and did they have the benefit of the additional cash ? Did the new loan extend the term and increase/reduce the monthly payments ? Has this just come to light ?
Also was the loan secured on a joint owned property ? Are there court proceedings ?

no they were not aware of the loan, they thought it was the original loan that they were paying, but I noticed the dates and then it became obvious it was not the original loan. The new loan extended the term not sure about the monthly amount as they split up and have done a "deal" with the lender to pay a fixed amount each. Not secured on property and no court proceedings they are divorced.

they didn't benefit as the main borrower used it to pay of their own debts and the first loan which meant more borrowed, over longer period

[Amethyst]

Okay, so you've come to what would have been the end of the original loan, or midway reviewing your situation, and realised you should be further along with payments.... and therefore believe you have covered your liability to the original loan and that your ex should be solely responsible for repaying the additional amount borrowed and additional interest incurred through this second loan which you were unaware of.... guessing anyway.

I think first step would be to send a Subject Access Request and a CCA request to the lender to ensure you have copies of all of the documents.

Have you made an enquiry of the lender about this second loan already ? Do you have copies of the agreements for both loans ? ( does your signature on the first loan differ from that on the second ? ) There are handwriting experts that can do a report which can be used in potential court proceedings.

Have you discussed it at all with your ex ?

What basis is the agreement to pay 50/50 to the lender on - in a written agreement between you/your ex and the lender ?

[pt2537]

Post regarding loan extension

So a couple get a loan from a subprime lender in say 2009

In 2011 one of the couple goes to the subprime lender and pays off the loan with a new loan leaving some cash over

They sign the form say 27 Feb and then the form is taken away for the partner to sign on the 28 Feb - or not as the case may be

The partner that signs on the 28 Feb says it is not their signature - doesn't match Driving licence or passport signature (which match each other)

The couple split up in 2012, and have both been paying a set amount each month (the interest has been put to 0%)

Question is how do they prove they didn't sign (they were not the one as the borrower - they are listed as joint borrower)

How can you get a hand writing expert and what weight does it carry?

thanks

I use an exceptionally good and reasonably priced expert for matters of this type. A good expert report can often knock a case on the head early on

[Amethyst]

Just for ref http://www.handwritingexpert.co.uk/case-examples/ - I don't know how much a formal analysis and report would cost though so you might need to enquire to get an idea - there will be others, and if anything did go to court there would likely be a direction to instruct a jointly agreed expert - the court does have a register of expert witnesses so it might be wise to use a court recognised expert from the start.

[Amethyst]

Ahh or as Paul said Sorry Paul I should have refreshed before rambling xx