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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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My wife is being take to the small claims court for loan, as

Customer Question

My wife is being take to the small claims court for loan, as a Guarantor she did not sign the electronic signature, or have the agreement witnessed nor did she sign any documents, this was done behind her back by a relative staying with us at the time, who turned out to be a serial liar and fraudster who coaxed and conned my wife to take a call from Amigo loans into agreeing to verify who he was. as he already had a loan with this company, and was a top up loan, she agreed to all the questions whilst being prompted by the relative.

They are using the tape as damming evidence, The relative has committed several more claims to get more loans, he also tried to commit suicide in are house at the time all this was going on, he now is under police bail in Darlington under the Mental heath act all this happen in April this year, he even attempted to kill his mother.

The relative did all the applications on line, intercepted the forms signed them and sent them back to the loan company, all my did was in her eyes took a call to verify who he was, but agreed she did sign forms as prompted by the relative.

WE have asked the signed application, my wife was supposed to have they have not produced this. what are her rights.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

Have you reported the forgery to the police?
Customer: replied 4 years ago.

Yes, as were interview on another matter the relative was being investigated on theft from his place of work, we made a claim and reference number given,


Amigo loans were given this but sent the tape to the Police, who according to Amigo the tape was damming, and said it was a civil matter, as the relative would not cooperate, he was at the time then under the Mental Heath act on medication, his mother collected him after his suicide attempt and took back to Northumberland we live in Dorset.


hope this helps.

Expert:  Jo C. replied 4 years ago.
Did you get a crime number?
Customer: replied 4 years ago.

For Jo C


yes , Amigo loans sent the tape to the police, they claim is a civil matter

as the relative would not cooperate.

Expert:  Jo C. replied 4 years ago.
Yes, they will do that. They are too busy meditating domestic squabbles and neighbour disputes to investigate real crime.

What does the tape reveal?
Customer: replied 4 years ago.

the tape recorded the conversation between my wife and Amigo rep


asking all the right questions the relative for example did you read the terms dis electronically sign , she thought all this was a formality as he already had a loan with them and this was verify who he was and address, had no idea she was actual agreeing to be a guarantor.


There case relies on the tape.


my wife did not sign anything David did falsely and tricked to say the right things, they have no signed documents with her signed signature

or the guarantor document was not witnessed either ,,,

Expert:  Jo C. replied 4 years ago.

She can always defend this on the basis that she did not guarantee the loan and rely upon the crime number.

However, if there is a tape of the type of conversation that you describe then they will undoubtedly rely upon that point.

If has a conversation with them in which she confirmed that she had read the contract then thats likely to be a problem I'm afraid.

If she does have to pay out under this guarantee then she can recover by suing the relative.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?