There are situations in life when a person one fine day, unexpectedly for himself, finds out that he is a "happy" owner of a bank loan. Fraudsters can take out a loan for lost or stolen documents, as well as forging a signature on a loan agreement. What should the victim do in this case?
What to do when it became known about the loan
In order to practically eliminate the likelihood that fraudsters will issue a bank loan for a person or commit other illegal actions against him, in no case should you give your passport to strangers, even for a short period of time. If your passport has been lost or stolen, you should immediately write a statement to the police.
So, a person suddenly learns from a bank or collection company that a loan has been taken in his name and there is already a debt on it. What should he do in this situation? First of all, it is necessary to send a written appeal to the bank or collection company stating that the person has nothing to do with the loan. In the same application, you must ask for a copy of the loan agreement. It will be needed both for contacting the police with a statement of fraud, and within the framework of possible legal proceedings.
Next, you should contact the police with a statement on the fact of committed fraud and forgery. In the application, it is necessary to emphasize that the signature on the loan agreement is fake. It should be remembered that bank employees can often be involved in fraud, since when issuing a loan, they are required to verify the identity of the borrower by checking not only his passport, but also other documents. In addition, now many banks take photographs of a person before issuing a loan.
If a lawsuit has begun
A person can find out about the availability of a loan, having already received a claim for the collection of debt, interest, penalties, etc. In this case, you should apply to the court with a counterclaim to invalidate the loan agreement. It is recommended to file such a claim proactively, without waiting for the moment when the bank will go to court to collect the debt. In court, it is necessary to raise the issue of appointing a forensic graphological examination to determine whether the loan agreement was signed by the person on whose behalf it was concluded.
It is also possible that a person learns about a loan after a court decision is made. For example, for some reason, the court considered the case without being present at the meetings of the borrower. In this case, an appeal must be filed against the court decision. If the bailiff has already begun enforcement proceedings for the compulsory collection of the debt, then the court should be asked to suspend it.
