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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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family member commited fraud on my property, taking out two

Customer Question

family member commited fraud on my property, taking out two cash advance loans on my name, mortgage lender have tried to reposses my property on the basis of denying a fraud was commited. what can i do?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You need to see a solicitor to get this dealt with.

Can you tell me what the purpose of the sist was? For example, was it so that the lender could investigate your claims? Did you report your family member to the police? What action has been taken?
Customer: replied 4 years ago.

hi, thanks for the response.

yes, the sist was so that the lender could investigate. the last correspondence with lenders solicitors was that they were to get the police to investigate it.


i had gone to the police, but the police had stated that technically it was not my money and that the lender would have to state a fraud had taken place. and only then could they investigate it. I told the lender this plenty of times but they chose to take me to court for all the missed payments and arrears.


my undesrtanding is that they approached the police about this, but i have not heard anything back.


I'll mention that my family member was staying at the property whilst i moved back to england, and during the time he was there he kept corresponding as me to the lender. signatures that he signed were no match on the the credit agreement he'd signed, the monies were all transferred to his account. and all the time the actual mortgage repayment was still being met by me. (just not the fraudulently obtained cash advance loans)

Expert:  JGM replied 4 years ago.
Sounds to me that unless they are accusing you of acting along with your family member that there is more than enough evidence to justify a defence to their action against you.

You need to see a solicitor if you haven't already. The solicitor has to apply to recall the sist and then lodge a full written defence to the lender's claim against you. Of necessary the case will have to go to a proof and the court will have to hear evidence and hopefully have their case thrown out with expenses in your favour.

The problem you are encountering is that lenders, and to an extent their solicitors, are not accustomed to credible defences being advanced to repossession actions and they just go through the motions without actually thinking about things in too much detail. In other words they assume they are right all the time when in fact they're not!

Because of that you have to get a solicitor to kick them into touch so that some progress can be made.

The fact that they are adding fees and interest is again indicative that they are just going through the motions. Unfortunately, however, you are unlikely to be able to do much about this or your credit rating without trying to advance the court action so that should be your immediate priority.

Happy to discuss further.
Customer: replied 4 years ago.

the problem is im working full time and do not qualify for legal aid, and solicitors cost for this going up against a bank could spiral (so ive been told). which leaves me with the i able to just seek assistance from yourself if I were to take them to court myself and raise an action or counter action?

Expert:  JGM replied 4 years ago.
JustAnswer is a question and answer site but I am happy enough to guide you through the various procedures as and when they arise. I have a number of customers that do this. All you have to do is post a new question when the need arises (you might want to take out a monthly subscription) and I will try to help you along the way.

Also ensure you go onto the Scottish Courts website and a quant yourself with the sheriff court ordinary cause rules and various forms there as you will have to obey these rules and prepare some of the forms.