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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Fraud


iainm
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Hi,

 

I discovered last night that, in July 2004, my wife applied for a First Plus loan of £75K + £15K 'insurance', secured against our house for which we have a joint mortgage.

 

In this application, she forged my signature, and the signature of people who 'witnessed' it.

 

I spoke to my solicitor this morning, who said it was a very serious situation.

 

My thoughts at the moment are that I do not wish to be burdened with this debt for another 16 years or more (it was a 20-year loan), but I have a youngster to consider in any action that I take.

 

I am wondering if this could be deemed an act of negligence by First Plus and, if so, what legal footholds that would give me.

 

I'm also trawling the net looking for any previous actions against FP, but I've not had any success yet.

 

Any suggestions would be most welcome...

 

Thanks,

 

iainm

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It depends whether or not you mind landing your wife deep in the %&$£. If you tell FP about this the police will probably become involved and would quite likely press charges against her under the Theft Act (legal eagles on the site may wish to correct me if I'm wrong on that one).

 

"I spoke to my solicitor this morning, who said it was a very serious situation."

 

I hope you were not charged for that ludicrously obvious piece of information. Make sure you are getting legal advice from someone who is an expert in this field of criminal law. You cannot rely on advice from this site to deal with a situation like this.

"Why CCJ when you can CCA!"

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POET is right; this would be a Theft Act Offence (obtaining a pecuniary advantage by deception?). I don't think you will find it easy to allege that first plus were negligent here; more that they are the victims of a theft to the tune of £90k, something they will surely pursue with vigour.

 

Were the faked witness signatures those of real people or fictictious people? If they were those of real people then how easy it would be to prove a fraud will depend on where their loyalties lie.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Hi,

 

Solicitor is a family friend, so no charge for today's meeting, and he's offered to look at the application form when I get hold of a copy. I don't know if his expertise is in the criminal law field, but if not I'm sure he'd recommend someone.

 

The signatures forged were mine, and my wife's parents'.

 

As for FP...I find it hard to believe that any company would loan such a large amount of money without doing a thorough background check...not that I'm condoning criminal behaviour.

 

My loyalties...the way I'm feeling right now, they can lock her up and throw away the key!! The more I think about it, the more I really don't like the idea of having this burden until I'm 50.

 

Thanks...I'll pursue professional advice. I've sent FP a letter requesting a copy of all information they hold about me/us under the data protection act.

 

Cheers,

 

iainm

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Iain - just be aware that, as it's her Parents signatures she forged, they might well back her up in court - they will not be happy about it and they may never forgive her... but they may well back her up anyway. Which means it'll be your word against the word of your Wife and her parents.

 

I think that the involvement of the Police is unavoidable if you want to pursue the line that you were not involved in this. Also, I think you should abandon any thoughts of implicating FP in the deception; through negligence or otherwise. They have followed procedures which they follow in millions of cases without any problem whatever - to suggest that those procedures are flawed because someone misused and abused them would fall flat on it's face.

 

Finally, you have to bite the bullet and get legal advice immediately from a paid and insured solicitor. It's unavoidable - and even if your friend IS qualified in this area, don't use him - it SCREAMS "conflict of interest" and the prosecution will use that to influence the jury if it comes to criminal court.

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Hi,

 

I discovered last night that, in July 2004, my wife applied for a First Plus loan of £75K + £15K 'insurance', secured against our house for which we have a joint mortgage.

 

In this application, she forged my signature, and the signature of people who 'witnessed' it.

 

I spoke to my solicitor this morning, who said it was a very serious situation.

 

My thoughts at the moment are that I do not wish to be burdened with this debt for another 16 years or more (it was a 20-year loan), but I have a youngster to consider in any action that I take.

 

I am wondering if this could be deemed an act of negligence by First Plus and, if so, what legal footholds that would give me.

 

I'm also trawling the net looking for any previous actions against FP, but I've not had any success yet.

 

Any suggestions would be most welcome...

 

Thanks,

 

iainm

 

I am no solicitor, but I doubt this would stand up as an act of negligence by FP. A secured loan was taken out on your home... why would FP want to investigate further when your house was offered as security for that loan ? Presumably, the money would have been paid into your wife's bank account and as a joint mortgagee, they would see no problem with that because your sig. was (allegedly) on the doc. as well as hers.

 

IMHO, although it's a horrible truth to face, this is your wife's doing.... and not FP. What you do from here depends on the strength of your marriage. Think long and hard.... because once you start, there will be no going back.

 

Good luck...

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Sorry, but time for getting the police I thinks!

 

Forget any emotional blackmail! This is serious fraud...

 

You've got to call the police! Your own title says it all, "Fraud".

 

***P1, She's forged his signature!***

 

Good luck, regards, Dave.

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As a first step you should (if you haven't already) confront your wife and see if there is any money left that might settle the issue without things getting nasty. Unless she was leading the lifestyle of a footballers wife behind your back for the last 3 years chances are the cash is hidden away somewhere.

"Why CCJ when you can CCA!"

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Ian, Just reading your posting and the same has happened to me. I have been advised to get the police involved also. My debt is slightly smaller £45k with natwest and £20k with HFC. I have cooperated with both lenders but need the docs relating to the loans before the police will act. So far all they have done is threaten to take me to court over the debt!

 

Its a bit gutting as I have lost everything job, marriage, home etc and the ex wife is lording it in a house she clearly must have made a significant deposit on before the mortgage.

 

I have two added complications which may or may not affect the situation. Firstly she had a mental breakdown before she started obtaining the money and secondly it looks like the money was paid into our joint account. I'm one of these old fashioned and obviously gullible chaps who was happy with the ex wife getting me a weekly allowance from the cashpoint and was unaware of the problems until it was too late

 

All the Best

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