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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9666
Experience:  I have been practising for 30 years.
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Ma When i took a mortgage 10 years ago i didn't notice an

Customer Question

Sir/Ma
When i took a mortgage 10 years ago i didn't notice an error in my date of birth but after one year later i noticed the mistake and contacted my embassy. They cancelled the passport and issued the correct one
I gave copies of my new passport to my agent ,the guy that acted as an intermediary between the broker and myself and he assured me that everything was ok
I was shocked to notice that my lenders still hold the wrong date on their file
I contacted them recently and asked them what i needed to do to correct the error because I couldn't find my agent again and they requested for copies of my passport and birth certificate which I sent to them
But upon receipt of these documents they sent another letter to me requesting me to explain in writing the reason for the difference
I have a British passport now with my correct date of birth and that was the documents i sent to them
I am confused as to what to do because i really don't know what to do next
The wrong passport 03/03/73
Correct date of birth. 05/05/65
Please help
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

This should be a simple matter of writing to them and explaining to them exactly what they’re asking for which is why that was the difference with the date of births and telling them what the passport office have done.

What exactly is it that you want to know about this?

From a legal point of view, it doesn’t matter what date of birth there is on the mortgage so is there a problem with having the wrong date?

Customer: replied 1 year ago.
Hi
Thank you
My friend said they could mark me for fraud or take me to court because it took too long for me to contact them
Expert:  F E Smith replied 1 year ago.

In my opinion, your friend is fear mongering and should read better law books. Fraud is defined as, “a false representation by means of a statement or conduct made knowingly or recklessly in order to gain a material advantage”

Whilst the first part of that may be as a result of the incorrect date of what you have said.

Customer: replied 1 year ago.
Whilst the first part of that may be as a result of the incorrect date of what you have said?
Please explain i don't understand
Thanks
Customer: replied 1 year ago.
Thank you
Your advise is helpful and will rate you but i just want you to answer my last question on the issue please
Cheers
Expert:  F E Smith replied 1 year ago.

I’m sorry, I don’t understand what you are saying.

This, that you said “
Whilst the first part of that may be as a result of the incorrect date of what you have said?”

I don’t understand.

I just can’t see that this any element of fraud here because having an incorrect date of birth doesn’t appear to have given you any advantage

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi
Thank youCustomer
Your advice was soul lifting
See you again
Expert:  F E Smith replied 1 year ago.

I am pleased to help.