Fraud issue: Loan taken out in joint names without agreement

[Teasel750]

My friend has just discovered that her ex husband has taken out a joint loan in her name and his and has forged her signature in order to do so.

 

He hasn’t made any repayments to the large borrowing and he’s now declared bankruptcy and the finance company have sold the debt on and she is being perused for the money.

 

A repossession order has been placed on the house which she lives with their children and of which she holds equity. 
 

I am going to try and help her with this, please can anyone offer any guidance? 
 

My first thing I was going to do was report with action fraud, then review her credit report on Credit Karma or similar to see if there is anything else of concern. 
 

Then I was thinking of getting her to send the original finance letter a Prove It letter. Does this sound sensible? 
 

I will be able to get more info off her when I see her but just trying to sort out some sort of plan. 

[unclebulgaria67]

Yes report to Action Fraud, but she should also contact local Police, given how serious this fraud is.

 

Action Fraud is really mostly for general reporting, where the chances of an investigation don't seem to be very likely.  Hence why the local Police need to be involved, as they invite the ex-husband in for interview about the loan that was taken out.  He might admit to forging the signature.

 

I would suggest submitting a Data Protection subject accress request to the original finance company and also the debt company that bought the debt.

 

Who obtained the repossession order ?  Has your friend got the paperwork regarding this ?

 

Yes check credit record.

 

Think about getting advice to suspend the repossession order while this matter is under investigation.

[dx100uk]

Forget stupid prove it letter s, she has a repo claim, she needs to get moving 

 

Who was the original creditor?

How much for?

When was this taken out?

Who is the owner now that is going for repo?

Has she a pre existing mortgage , who with?

[BazzaS]

Did the finalisation of the divorce come before or after the fraudulent loan (which I am presuming was a secured one?) was taken out?

(Loan before divorce may complicate issues more than after: if loan after divorce, did the ex-husband still hold equity in the property after the division of assets from the divorce?)

Edited June 12, 2022 by BazzaS

[Teasel750]

Dx, I have found out a bit more today. 
 

Tallaght Finance is the £90k loan apparently. This is not showing on her Clearscore though at all. Not sure at this stage if this is a remortgage rather than a PL.

 

She tried to call them and they would not give her any info. She told me it was taken out in Jan 20 as the guy who bought the debt from Tallaght gave her some copy docs.

 

This included her ex’s Experian file which weirdly I could not see either of their TMB mortgages on but she assures me are both joint as are the land registry docs for both houses.

 

I also saw the document where her signature is clearly forged by her ex and that mentions a charge to the property. That’s what made me think possible remortgage or perhaps secured loan? The guy who purchased the loan has offered to accept £30k. Glen Courtney is the name of the shark guy who has purchased the debt. 

 

There are two mortgages in total on two props with The Mortgage Business. She has been paying the smaller one and the other was his responsibility to pay.

 

He was self employed so told her that TMB had agreed for him to pay a lower amount on the larger mortgage through Covid due to his income being affected. Turns out this was not agreed with them.

 

From Clearscore, this mortgage seems to have not been paid since Feb 20 and shows in default on her Clearscore. They claim to have written to her but as he moved out, she thinks it’s possible he’s intercepted these letter via post redirection but he denies this as she knew nothing about these arrears. So it is actually TMB who have put in the repossession order due to the default on the mortgage. 
 

Today I drafted two SAR letters, one to TMB and one to Tallaght to get access to what they have and see if that can shed any further light on it.t

 

She was already preparing to sell the house anyway which I think had about 200k equity in it so that would totally repay the larger mortgage in full and leave her with some money to move into her other property and pay down that mortgage a bit.

 

Bad situation but it seems to me that if she can stop the repo order and sell the house quickly, this would be the best outcome for her. 

 

They are not divorced yet…
 

 

 

So, not an ex-husband (in the eyes of the law!), separated at best, if “not divorced yet”.

[dx100uk]

11 hours ago, Teasel750 said:

A repossession order has been placed on the house which she lives with their children and of which she holds equity. 

what do you mean there is a suspended repo or a true repo order?

what has this come from? 

 

have you got an upto date copy of both homes deeds from the uk.gov land registry site.

 

more soon.

 

 

[dx100uk]

1 hour ago, Teasel750 said:

Tallaght Finance is the £90k loan apparently. This is not showing on her Clearscore though at all. Not sure at this stage if this is a remortgage rather than a PL.

 

i would guess this is a refinance or remortgage looking at the websites. 

 

1 hour ago, Teasel750 said:

Glen Courtney

scan us up what you have from him please

cant find much details.

telephone? address?

 

read our upload guide

one mass PDF please only

 

any paperwork you have at all for everything 

the more the merrier.

 

dx

 

 

[Teasel750]

Borrow up to £100,000 | Cubefunder Business Finance

WWW.CUBEFUNDER.COM

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Cubefunder offers business loans of between £5,000 - £100,000 with repayments tailored to your cashflow...

This is where Glen Courtney works but this appears to the same trading address as Tallaght. The Solicitors are Richards Sols (Alasdair Begbie) and I will attach the document where her signature was forged. Although I notice on the bottom line, it only mentions her ex and not her and perhaps this would explain why the extra loan is not showing on her credit report? 
 

Re the arrears on the Mortgage:- She’s today received a letter from Ascent Legal (One St Peter’s Sq, Manchester) dated 08/06 and they have sent a Notice of Execution of Possession Order. She has told me should could pay the arrears off by borrowing some money from family and would have done this before had she have been aware of the outstanding. 

info.docx

[dx100uk]

Urm this might be far too complex for here.

however it smells bad to me for them.

 

as far as i am aware all they have is a restriction k in the ex's name not a charging order as its not a joint loan but the property is.. the wording would be different and would not be called a restriction k.

 

as far as i know they cant repo over a restriction k.

Its just willy waving.

 

AS for ASCENT it looks like they already had an spo?

Have they been to court behind her back or he hid it from her?

 

They need dealing wirh

 

 

 

 

[BazzaS]

That doesn’t look like a standard restriction k …..

restriction k just requires notice (even after the event), not permission prior to the event.

 

I suspect the OP will need sight of the Deed of Guarantee and Indemnity referred to in the restriction

(and if it is truly a Deed it will need to have been signed and witnessed, (the witness having to have been present when it was signed) which adds another way of questioning the authenticity if they claim the OP had signed it!)

 

 

Edited June 13, 2022 by BazzaS

[unclebulgaria67]

Quite a lot of money involved here and I would suggest using a Solicitors.

 

It seems the ex took out a loan in their name only, but the loan company needed the house as collateral. But as house is in joint names, they both needed to sign to agree to put the house at risk of repo if the loan repayments  were not kept to.

 

Is it possible your friend signed without realising the consequences  ?

[dx100uk]

the Assent repo is the priority here.

These other clowns are only 2nd charge interlopers and dont have any powers to start their own repo.

 

Get assent sorted. 

Was there a previous repo hearing when a repo order was suspended and as things have gone south again??

 

She needs to contact them asap and get the eviction cancelled else bailiffs will be at her door.

 

Im wondering if this £90k loan could be complained about as irresponsible lending.??

 

Dx

[Teasel750]

So would it be an idea to get her to ask for sight of the Deed of Guarantee and Indemnity referred to in the restriction. Would it be best to go straight to Richards Solicitors and ask for this? 
 

With regards to Ascent, this is the first she knew about the repo, so can assume that he’s kept this from her.

 

Do you think if she pays the arrears in full that they will stop it?

 

As she wants to sell to break ties anyway, the only things I am concerned about if the repo goes ahead is the effect on her credit rating and the fact that they would sell for less than it’s worth.

 

Would it be wise for her to contact them directly and explain the situation? 

 

No she didn’t sign anything. I can see from the signatures that it’s his writing on her signature. 

[unclebulgaria67]

Shelter Legal England - Enforcement of mortgage possession order by eviction - Shelter England

ENGLAND.SHELTER.ORG.UK

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Bailiffs enforce possession warrants after the lender obtained them from court and served a notice on occupiers.

 

Shelter Legal England - Changing court orders in mortgage possession proceedings - Shelter England

ENGLAND.SHELTER.ORG.UK

---

Ways a borrower can apply to the court to challenge, alter or discharge a possession order. This advice applies only to residential mortgages.

 

 

The second link is the important one.  Yes it would be a good idea to settle the arrears with Ascent and explain the circumstances, but then it appears that an application must be made to the Court as a matter of urgency to put on hold repossession.

 

Your friend needs to go the Police and report what has happened with the document having her signature addeing by her ex, therefore commiting fraud. 

[dx100uk]

forget these fleecers for now

get the eviction order quashed

else everything else will be pointless

 

[Teasel750]

She’s already reported it to the police and got a CR number but they said they can’t really do anything as they don’t seem to be able to understand the docs that she handed over.

 

As Dx said, prob just put that on the back burner and try and sort out TMB repo order.

 

I sent her that link over.

I also advised her to get a free half hour with sols so she needs to focus on that.

Told her to phone CAB if she can’t speak to a Sols tomorrow. 
 

Makes me curious as to what he spent the money on! 
 

 

[dx100uk]

open

[Smith22]

Does anyone hold any information about Glen? I would like a discussion about Glen. If anyone would have any information? Thanks 

[Teasel750]

What info do you need? 

Edited January 19, 2023 by dx100uk
unnecessary previous post quote removed

[Smith22]

Teasel 750, could you contact me on a private basis via email? I am wondering if you know anything further about him? Who he works for, etc etc. I have had trouble with CubeFunder myself. Thanks 

[honeybee13]

Smith, we don't recommend exchanging private information on the forum. Unless there's a reason not to, informaton should be put on this thread.

 

HB

[Teasel750]

I just messages from her, I have a mobile phone number for him. Not sure I’m ok to just post that or if it’s still current. She sent me over some details on messages when I was trying to help her out. 

[dx100uk]

not your problem 

not ours do not give them out.