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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I discovered, after we split up, that my ex partner had

Customer Question

I discovered, after we split up, that my ex partner had taken out a loan in my name when we were together. I only discovered this after i went to close our joint bank account. I did not know what the payment was for. I have dyscalculia so my partner always managed the money. My partner had taken out a loan in my name and forged my signature. She said she would pay it off after the sale in our house and she did not. When i went to the police I was advised to call Tesco Bank first. Tesco Bank have just told me that they cannot validate the claim of fraud as the money went into both our names and I did not go straight to the police. Tesco Bank refused to comment when i asked them if my 5 signature samples matched the signature on the loan. They said they are not experts. That i can go to the police if I want to pursue it further. I did not sign for this loan and even though the money went into a joint account i know now that my ex partner bought a car with it. I am being held responsible for a loan that i did not take out. What can I do?? Please help.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Oh gosh! After all that! I am in England , UK!!
JA: Have you talked to a laywer yet?
Customer: No, I cant afford to make the loan payments i have been stuck with so was afraid of lawyer fees
JA: Anything else you want the lawyer to know before I connect you?
Customer: There are more details but i can wait
Submitted: 2 months ago.
Category: UK Law
Expert:  Jo C. replied 2 months ago.

Are you asking if you are liable?

Customer: replied 2 months ago.
I know I am liable unless i can prove fraud. If I never signed the loan, how can i prove this?
Customer: replied 2 months ago.
Should I await an answer? I am not familiar with this site.
Expert:  Jo C. replied 2 months ago.

The reality is that there is really no way of raising cast iron proof. All you can really do is raise the evidence that you have.

The problem here is that even if you didn't sign the agreement, the money went into your account and you didn't report it. That tends to suggest you must have known.

Expert:  Jo C. replied 2 months ago.

If you are intent then you can refuse to pay and invite them to sue and then defend on this basis at court but this is fairly strong case.

The police should investigate though. At least a prosecution of her for forgery would be helpful.

Can I clarirfy anything for you?

Jo

Customer: replied 2 months ago.
Thank you so much! I do not want to affect my credit by not paying the loan. My present partner is helping me to pay the loan off but we think there must be something that can be done to not let her just get away with this.
I'm not sure if I am able to prove that I never had any log in details for our joint bank account but that is the case. It was a very controlling relationship.Even if we end up responsible for the loan - We really want to know that she will not just be able to walk away from this.Based on the signatures not matching - can she be prosecuted??
She also had the statement sent to her new address when we split up - I found out about it the next month and had it redirected to me because it was in my name.
Expert:  Jo C. replied 2 months ago.

It depends.

The police could do a handwriting analysis but that is a bit his and miss. Yes, they could prosecute. Whether they will or not is another matter.

Even if they do not though, an allegation alone would be helpful.