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What Can I Do? XP took out a loan in my name and now I can't get a mortage.

25 replies

XPisAtwunt · 10/05/2007 13:04

Have namechanged.
When we were together XP took out a loan in both our names, forging my signature. I found out after the event obviously. I have been to the police but they won't take it any further as the bank say it is my signature (I swear I did NOT sign it) and that even if it isn't I knew about it - something about I had been in branch about some charges or other, I had been in though I remember that. So they are saying they are holding me responsible and won't let me come off the joint bank account. If they bothered to back up my claim they would see that ALL the money was transferred immediately to his sole account (he told me this anyway, it might not have but sounds probable).
So I have just applied for a mortgage but been turned down because I apparently I have a default on the overdraft of this joint account for more than £1000 (the loan was £1000 I think).
I have rang the XP but he cut me off without answering.
What can I do to stop this affecting me ie I want my name took off that account and don't want a bad credit report becuase HE forged my signature and I don't want to be responsible for paying for a loan the He p!ssed up the wall.
So please somebody tell me what I can do to achieve the above.

OP posts:
choosyfloosy · 10/05/2007 13:07

What a delightful man.

you need legal advice NOW.
ring a solicitor.

You may, i'm afraid, be stuffed. But I'm not a lawyer and I don't know.

choosyfloosy · 10/05/2007 13:14

Have you rung one yet?

[decides to go out to lunch as low blood sugar is causing me to be very bossy on lots of threads]

best of luck

singingmum · 10/05/2007 13:18

There is actually experts who can tell diff handwriting even on excellent forgeries such as small details inc pen pressure.
A solicitor will prob be able to help you prove forgery and the police not investigating your claim properly is proof of how useful they are.....Not!!

spook · 10/05/2007 13:26

Hi XPisatwunt.
My ex-H left me on a very sticky wicket by not keeping up payments on my credit cards that he was supposed to do.
Consequently my credit rating was shot to pieces and couldn't get a mortgage.
But...I did have a fantastic Financial Advisor who explained to each and every mortgage company that the problem was not my fault and eventually he got me one. It wasn't the best rate around but at the time it didn't matter. I desperately needed to pay of my legal fees from the divorce (oh the irony)
So-not much help on the legalities of your twunt of an ex's loan but there is definately hope for a mortgage.
Find yourself a sympathetic IFA.

XPisAtwunt · 10/05/2007 14:34

I have had a solicitor involved before, who passed the info on to the police but they won't proceed because the bank say it was me who signed. I have seen the original paperwork in branch and it's so obviously a fake of my signature, I think it would be obviously proved it was not mine. There was talk of getting a handwriting expert in but I think the police decided that it wasn't cost effective for them to prosecute - WTF?
I have a Motgage advisor/financial advisor who is a good friend but he said to write to Experian which would take months to filter through, long after I need to secre a motgage. He also said write to the bank but the have been less than helpful before. I have no hope left do I?
Thanks girls, appreciate it.

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Lolly68 · 10/05/2007 14:39

If the bank did not see you actually sign it - how can they say you did??? I would fight this. There is a organisation called CIFAS which is a fraud prevention agency - maybe you could speak to them?

XPisAtwunt · 10/05/2007 14:48

Lolly - I was wondering about that because XP said he signed in front of them then walked out and signed my name, but TBH he could have signed in there at an unsupervised counter or just wandered around a bit but I think he will have handed it back the same day. So I did wonder about CCTV but it will be too late now. He took this loan out early 2001, paid it AFAIK until we split in late 2002, but this hasn't been put on my credit history until 2004 apparantly - not that that nugget of info will help me with this. I will get in touch with CIFAS though, sounds hopeful.

OP posts:
spook · 10/05/2007 15:12

XP- I also had to get on to Experian but it took a matter of a couple of weeks tops! Infact-but don't quote me on this-can't you do it online?
There is definately hope for you. Call Experian now!

Lolly68 · 10/05/2007 15:36

All the Bank is interested in is getting there money back and if you have split up they will pursue whatever avenue they can to do this. I would also phone the Banking Ombudsman and explain what has happened. Dont give up.

Lolly68 · 10/05/2007 15:37
XPisAtwunt · 11/05/2007 07:44

I am writing to the bank and Experian and also toying with the idea of writing to the Banking Ombudsmen. The CIFAS site wanted me to write to Experian first so I'm doing that today.
I managed to get through to XP on the phone last night, he said "Which account" and "oh they close accounts automatically after a while" Yes but not the ones with loans and overdrafts on! He said he'll see what he can do which means he's not going to do a thing.
Thanks everybody.

OP posts:
noddyholder · 11/05/2007 07:47

Something similar happened to me years ago and after much letter writing and solicitors I found out that I could do absolutely NOTHING!!!

noddyholder · 11/05/2007 07:50

I ended up paying about 6k in debt for him and then the debt was cleared but it took me years.He had fraudulently obtained money in joint names When we split he took lots of photos and documents of mine and used them with his new partner to open an account.Nothing happened to him he disappeared off the face of the earth and turned up a few yrs later on a reality tv show!I still tried to purue him but was an impossible situation I hope you have more luck

XPisAtwunt · 11/05/2007 09:41

Jesus, Noddy at the fact he took 6K, that he used his new DP to pretend to be you, that he diappeared and when he did reappear it was on blommin REALITY TV!
I suppose I am lucky that it is 'only' 1K and that I have his address to give to the bank. I'm so and for you.

OP posts:
noddyholder · 11/05/2007 11:02

It meant when we bought our first property I couldn't be on the mortgage and I had a bigger salary than dp at the time so it seriously affected us.By the time I had paid it all off I was ill and couldn't work so still couldn't buy anywhere in my name.Nightmare,make sure you get him for all of it as I ended up paying charges too!

XPisAtwunt · 23/05/2007 09:12

I have got a letter today at my address (that he doesn't know apparently) in HIS name, chasing his debt, sending baliffs round!
I rang the housing association in question (we live what 200 miles away from him and the HA) and they said they look at credit applications to find out his address, so he has applied for credit at MY address. I am guming to say the least.

OP posts:
XPisAtwunt · 23/05/2007 09:12

Fuming obv, am just so mad I can't type.

OP posts:
Freckle · 23/05/2007 09:30

Can you not put all post back in the postbox marked "Gone Away"? It is illegal to open post addressed to someone else, so you don't want to get into trouble for that.

He clearly is a twunt though.

XPisAtwunt · 23/05/2007 09:35

I said I opened the letter to get a reference or not realising that it wasn't addressed to someone else (after all we have lived here over 2y). The guy I spoke to wasn't bothered that I opened it, he said to send it back with not known at this address.
I am so fuming though that he is applying for credit at my address, which he must have a had a while it is already on a credit history.

OP posts:
BigGitDad · 23/05/2007 09:40

You need to check your credit file. Go to Experian, they have a web site here , give them a call and they will send you your credit file for £2.50 approx. Then you can see exactly what is on your file
Your XP may not know where you live, but your credit record will show your current address and as you have had credit together in the past he may have been linked at the new address. This is what the baliffs are referring too I would believe.
Like I say get your credit report and that should show your state of affairs.

Mumpbump · 23/05/2007 09:52

I would get a solicitor involved and get them to write a strongly worded letter to the bank saying that they have failed to implement proper checks to ensure that the signature was correct. Nowadays, they always require a passport as proof of identity so if they had required that, they would have been aware that your ex's dp was not you. I would also get the handwriting expert to look at the signature. If you can prove it wasn't you, I would have thought you have good grounds for demanding that they remove your name from the debt.

Which bank was it? I find this amazing!

XPisAtwunt · 23/05/2007 10:09

BigGitDad - I have done exactly that, I wrote to Experian and they sent me a letter yesterday. I am applying for my credit history, breaking a financial link with him (if there is still one) and protecting my credit file with a password.
MumpBump - I have had a solicitor involved approx 3 years ago, who liased with the police but as I say it went to further. A handwriting expert would have been called but the bank (I don't mind naming and shaming The Co-operative) said the onus was on me to proove it wasn't me rather than innocent until proven guilty like the opolice wanted. BTW we were together when he took the loan out - his DP didn't pretend to be me, oh I see you were referring to noddy there, sorry. . I had just turned 18 a few months previous to him taking out this loan - I bet he couldn't wait. I was also at college and heavily pg when he took out his loan.
Also if the bank bothered to check they'd see that his criminal record is as long as his arm, for things like theft, handling stolen goods, copyright stuff for copying DVDs oh and fraud! when he obtained a buisnesses (sp?) cheque book and merrily signed cheques to himself.

OP posts:
Mumpbump · 23/05/2007 10:46

Not my area of law, but I would have thought there would be a difference between putting a case together for the police who would presumably prosecute your ex dp and putting a case together to prove that it is not your signature in order to get the debt removed from your name. The thing is that you will have this hanging over your head for ages. If he defaults on the loan, they might take you to court and get a judgment against you both which then takes 6 years or so to be wiped from your record. So it could be with you for the next 10 years!

You probably have already done so, but if not, perhaps you could try speaking to the CAB to see how they think you should deal with this?

Woodmouse · 23/05/2007 12:27

Not really my area of law either, but the case for the police and the case for the bank are two seperate things. You cannot control whether the police take this forward and prosecute XP, so you need to convince the bank to back off first. This is your main problem - the bank would send in the bailiffs, it would be them ruining your credit rating, so that needs to be sorted out with them. Ignore the police for now.

Get advice from the CAB too and maybe see if you can get legal aid. If it is in a town with a university, you will probably find a law centre which will be able to help you. Suggestions below are about getting the bank to take notice, although I don't know how legally effective it will be - CAB/your solicitor would advise. Half the battle is being confident enough with the banks and taking control and getting them to prove that it's you (which, presumably, they won't be able to do!).

#1 get your credit file from Experian (I think you've done that) and check it. Alert them via your solicitor in an official letter that there is believed to be fraud and point out mistakes on the file one by one - always ask for a response.

#2 build a case yourself. Your solicitor will do it too, but high street solicitors are often very busy and have hundreds of clients and balls get dropped, and you want to make sure you have all the ammunition you need.

#3 Get "certified copies" of your passport signature page (handily on the same page as your photo) and copy of the specimen signatures from your regular bank. You need to prove what are your official genuine signatures. NatWest certainly has a specimen signature on their computer system that they check when you withdraw money, although the bank may be difficult about giving it to you. Your solicitor should be able to certify the photocopies with a stamp. The certified copies look more impressive than photocopies and can be shown to the bank, perhaps together with an official looking statement saying this is not your signature, you know nothing about the loan etc etc. Again, not sure how effective it is but you will look like someone who means business.

#4 keep photocopies of EVERYthing you send/receive (including letters addressed to your XP as evidence!) to prove your case - solicitors letters, letters to the bank, letters to your XP etc etc. Keep a note of the date and time of all calls with the bank and the credit reference agency and keep that with your file of papers.

#4 if the bank try and enforce proceedings for £1000 or whatever, contest. One point - is this bank chasing you also your regular bank? They should be able to provide evidence as to how they checked your identity when the loan was taken out in your name. Banks are bound by money laundering regulations whereby they should have checked your identity with photographic proof, although I am hazy as to whether it will be the same case if you are an existing customer and they may have the details. If you are an existing customer, they should have a specimen signature on the file for you anyway (see above).

You should be able to get your name of the joint account if XP signs a letter confirming it is wholly his responsibility -sounds unlikely that he will this willingly though. Your solicitor will draft it for you. I have literally just been through this (as in 1 month ago!) with my parents because my feckless father did exactly the same thing to fund his champagne lifestyle and misstresses leaving my mother in the sh!t. I am not proud of this, but basically blackmailed him into signing the letter by threatening to tell his new girlfriend about lots of his dark little secrets, so he did sign it, the bank accepted it and he has full responsibility for it now.

Good luck with everything and let us know how you go.

BigGitDad · 23/05/2007 14:27

That is a brilliant post Woodmouse with really good advice.
Good luck XP, additionally if you know where your XP is and you have his number give it to the baliffs so thay can contact him.

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