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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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A fraudulent secured loan was taken out on my name by someone

Customer Question

A fraudulent secured loan was taken out on my name by someone else against my property. That have been convicted Nd have paid it all back but the loan company are still asking me to pay a very large amount as interest. Can they do this, I should not have to pay anything if it was fraud and the person was convicted?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How did the defendant come to do this?
Customer: replied 3 years ago.
The defendant was my daughter I took a secured loan on a self certification we were told by the broker that we can combine both our incomes so we did. She paid the loan and about 2 years ago they reported it fraudulent so my daughter went to court and got convicted. The courts checked and confirmed this amount of the loan Aprox £28k they also confirmed that she had paid back £45k
I contacted the company and said that my daughter has paid more than she borrowed and therefore cleared the arrears also that she was convicted and that I should not have to pay anything back any more. They told me they don't care as the loan is secured on my property and if I don't pay then I will loose my house. They are asking a further £61k! On top of the £45k paid!
Expert:  Jo C. replied 3 years ago.
What is the basis of the fraud here please?
Customer: replied 3 years ago.
The court said it was obtaining money by disception
Expert:  Jo C. replied 3 years ago.
Thanks.

On the face of it, you are right. This was a fraud. You have a crime number and a conviction to support that. You are not liable.

Also, they seem to have recovered the loaned sum. The only issue there though is that they are entitled to claim interest upon any judgments already in place.

My only concern is that if there is a charging order then there must be a CCJ. If there is a CCJ then they can enforce it against you unless you get it set aside or appealed.

If its just a secured loan then they may not have a charge yet.

Then they would have to go to court to enforce this and you can defend on the basis above.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

hi


 


there is no charging order. The loan amount and interest as been paid over and above what was agreed. What they are saying is that there is interest upon interest that now needs to be paid. this company is overcharging many other consumers and they have had complainst against them.


 


but if i stop paying they have threathend to come and take my property.

Expert:  Jo C. replied 3 years ago.
You need to check with trust online over whether or not there is a CCJ.

If there is not though they cannot just remove your goods. They need to get proper authority from the court like every other creditor as they will well know.
Customer: replied 3 years ago.

what is trust?


 


so how would i approach the company? would i write to them and tell them that i am not liable for any payment?

Expert:  Jo C. replied 3 years ago.
Here

http://www.trustonline.org.uk

Just write to them telling them you don't believe you are liable and invite them to sue if they disagree.
Customer: replied 3 years ago.

hi there is no ccj, i have checked. Please advise what the next steps should be

Expert:  Jo C. replied 3 years ago.
In relation to what?

Sorry if Im missing the point. Its just that asking 'Please advise' could be answered by saying have a cup of tea but thats probably not the information you wanted.
Expert:  Jo C. replied 3 years ago.
Can I clarify anything for you?
Customer: replied 3 years ago.


i asked what the next steps could be in regardsa to getting the loan closed off

Expert:  Jo C. replied 3 years ago.
I haven't had a response to my information request above copied below

In relation to what?

Sorry if Im missing the point. Its just that asking 'Please advise' could be answered by saying have a cup of tea but thats probably not the information you wanted.
Customer: replied 3 years ago.

yes you have had a reply see below?


 


i asked what the next steps could be in regardsa to getting the loan closed off

Expert:  Jo C. replied 3 years ago.
Would it be possible to give me the information I asked for?