Jump to content


Beneficial Finance - Signature Forged


poodge
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6056 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I posted on this forum a while ago explaining the circumstances surrounding a loan which my ex wife took out in my name without my knowledge (she forged my signature). I sent an S.A.R - (Subject Access Request) letter to Beneficial finance in early July and finally received my file last week. As I had always expected the signatures in the Credit Agreement are not mine. Im now wondering whether I should go to the Ombudsman as I originally planned or go to see a solicitor. I'm confident that Beneficial cant recover the money from me now. Looking through the file there a number of entries made which are totally false. There is a member of staff from their local branch who claims to have had a telephone conversation with me (totally untrue). Also there are entries on the file claiming they had discussions with me which I can prove did not take place. I'm really annoyed with the way that benefecial has conducted and I'm wondering what actions I can take against them. Any suggestions or should I just satisfy myself with dropping the ex in it? :D

 

Thanks,

Link to post
Share on other sites

If its not your signature and you didnt sign it then its Fraud.

The Police would be my first port of call.

If they take it up, you will be amazed at how fast Beneficial will leave you alone.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

Link to post
Share on other sites

but the fraud is in your wifes fraudulent act so she must be prosecuted but this will have to be proved and if she says you were a party to this fraud i am sure you can expect to be prosecuted if proven....just consider the implications and the consequensies ..if benefical are owed money i am sure they will go ahead with a police complaint,and if you have claimed fraud and the person at benefical has denied this then your wife will be requested to make a statement to this effect..would nt it be better to repay and claim from your wife ,or if you are divorced then you really dont have much option but to prosecute for fraud..whichever way you are on a very sticky wicket mate ..soryy to be so blunt but fraud is fraud and it is a crimminal offence

patrickq1

Link to post
Share on other sites

To be honest I didn't really think it was that complicated, I have always claimed the loan was taken out without my knowledge. The signatures throughout the credit file are all forgeries. Beneficial may well fancy there chances claiming I was party but I would like to see them explain how a loan could have been taken out in my name without anyone seeing me or holding any form of communication with me. They claim I had a verbal interview with a member of their staff which is totally untrue. From the advice I have had on here in the past I presumed it was pretty straightforward, I didnt sign the CCA so all other arguments get thrown out. As for paying the money and reclaiming the sum she owes (I say she owes and not me) is over £30K which is too much for me to part with.

 

Thanks,

Link to post
Share on other sites

and if she says you were a party to this fraud i am sure you can expect to be prosecuted if proven

What would the grounds for prosecution of poodge be? I can see none.

 

Poodge as part of your S.A.R - (Subject Access Request) did you request copies of telephone conversations?

 

There is a member of staff from their local branch who claims to have had a telephone conversation with me

They would need to produce the recording of the telephone conversation. What security checks did the bank go through before approving this loan. Identity theft is a very serious offence, the bank are supposed to have security in place to ensure this does not happen.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

The file contains notes from Beneficial's computer system, there are many innacuracies on it which I can prove. I haven't discussed whether they can provide phone recordings.

 

Apparently my wife went into the bank and completed the loan documentation for me, its not even a joint loan!!! Then she took the forms home forged them and returned them to Beneficial. The Manager of the branch verbally told me that they were in the wrong as they did not see or talk to me. However, when I mentioned this to their fraud team they produced a Managers note stating they held a telephone interview with me.

Link to post
Share on other sites

What a suprise (not). The bank have committed a very serious offence and have now committed a further offence by trying to cover it up.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

My thoughts exectly Rory, their fraud investigation was a bit of a farce. All they did was cherry pick the evidence which went in their favour. I walked out on my wife in July 2005 and she tried to cover things up by making some payments against the loan but instead of them thinking it was a bit suspicious my wife paying off my loan after I left her they simply said that as payments were made it is not seen as fraud. They have made loads of other errors, they sent a DCA to my dads house whilst they were still investigating my complaint!!! And the SAR request was a bit of a saga, they exceeded the 40 day limit but somehow the Royal Mail delivered the recorded letter and didnt get a signature. When I chased the SAR application form last week they said they would resend one out and then surprisingly instead of the application form arriving my file arrived!!!!

 

I wonder what action I can take against Beneficial for the grief they have given me. It annoys me that staff in these banks can be so relaxed about decisions which affect your life!!!!

Link to post
Share on other sites

Obviously you can report the matter to the police, but you may also wish to consider The Financial Crime Branch of HM Treasury. They have the power to seize documents from the bank if they feel the need. You can contact them at:

 

The Financial Crime Branch

HM Treasury

1 Horse Guards Road

London

SW1A 2HQ.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

yes best policy see the police and make your complaint heard,but also on finance of 30,000 it would be prudent and expected for you to be in their office to conclude such a large loan,their is no way they would allow this sort of loan without you being their in person,i did not reilise it was so much but also you need to check their procedures for such a sizable loan.truthfully i think benefical are in serious trouble over this one

patrick

Link to post
Share on other sites

The CPS : Competence and Compellability

 

The prosecution can only compel a spouse to give evidence for the prosecution in cases which involve:

an allegation of violence against the spouse;

an allegation of violence against a person under the age of sixteen years;

an alleged sexual offence against a victim under the age of sixteen years; or

attempting, conspiring or aiding and abetting, counselling and procuring to commit the offences in the categories above.

 

Unmarried partners are competent and compellable witnesses: see Section 97 Magistrates' Courts Act 1980.

 

If a spouse witness has become divorced before s/he gives evidence, the spouse becomes a compellable witness in all circumstances.

 

The decision to compel a witness to attend court against his or her expressed wish is one that should be exercised with sensitivity and discretion.

 

When making the decision to compel a witness to attend court to give evidence against a spouse you should bear in mind that the witness will probably be distressed.

 

You will not know how the witness will react. He or she:

may become a "hostile witness";

may give good evidence; or

may refuse to give evidence and be in contempt of court.

Link to post
Share on other sites

Thanks for all the useful information. Just to clarify the loan amount was for somewhere between £15k and £19k, the amount repayable is just over £30k. Beneficial's original ruling against me was based on a number of issues such as the fact that my ex had the loan paid into our joint account which I had access to. I have explained to them in the past that my wife was the money manager in the house and would withdraw me some "pocket money" every week. I never even went to a cash point for over 3 years. I can see there point of view but as I mentioned earlier they seem to cherry pick the facts that suit them. As i said to the local Manager that my wife continued to pay money off this loan for 6 months after I left her, hardly make sense if the loan was in my name for my wife to make these payments after I left her!!

 

As we have been divorced for over a year now she is no longer my spouse.

 

Another interesting point is that my wife had had a mental breakdown a while before she took out this loan. She was diagnosed with something called Bi-Polar syndrome. I pointed this out to Household bank when I first informed them of the fraud but they didnt seem to care. I'm sure if the police get involved she will use this to wriggle out of it (still its not my concern I just want to get free of the loan).

 

She has also done this with Nat West for even more money. She took loans out against our joint bank account one was for £27000. I think the total outstanding with them is over £40000. I was contacted by a DCA last year and I wrote back to them telling them to go away and see my wife as she took the loan out without my knowladge. Strangely enough they seem to have got the message and not bothered me again. I know for a fact that they have been chasing her. I'm sure I'm not that lucky as to think they wont chase me again. Hopefully when they do I can point out what she has done with Household bank. I am wondering if Natwest would want my signature on any loans arranged through our joint account.

 

Thanks everyone for your advice on this matter, its much appreciated.

 

:D

Link to post
Share on other sites

Good question Make Them Aktiv. I have asked her on may occasions and she has blanked me, when I left her she said that if I moved back in she would tell me. All her immediate family are quite shocked by what she has done. There have been many theories ranging from drugs to her being black mailed. Here is my theory which makes as much sense as any others from her family. SHortly after we were married we took out a small loan £5k to tidy up our finances. As I mentioned before the ex was the money manager within the house and gave me thr impression she was on top of things. I have a feeling that she didnt clear that loan and so had to take another loan to pay off the loan. I think things snowballed and because she was keeping this secret she couldnt find a way of discreetly tightening our belts. As time went on the loans got bigger and bigger and the number of lenders who were prepared to play ball were becoming smaller. After I left I found that she was traveeling 30 miles to another city to cash cheques at a money lenders. She cashed 10 in one month then realised she couldnt afford them all to be presented in one month so was paying £10 per month per cheque to stop them being presented.

 

The way she hid the finances for me she could be working for MI5!!! She even scanned a Natwest letter and forged it to say I had £19k savings in the bank.

 

Suffice to say I look after my own finances now

 

Thanks,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...