insurance fraud

[parksy]

My sister is the mother of a four year old boy; she is separated from the father. Since the separation the family have become aware that he has told a catalogue of lies about this private life before marrying ( the tales could come from a BBC drama!)- not a crime- but serious lies. Deception.. Whilst they were together they took out a joint loan. She happily signed the document.. It was a heavy loan and the repayments were high. As time has progressed she has been contributing large amounts of money to the repayment of this loan- Tens of thousands of pounds. He has convinced her that the interest is very high.However, it now transpires that further loans were taken out by this man and the documants, which have come to light show the clear fraudulant use of the woman's signature.and it is these loans that she has been paying out afgainst. She is a frightened naive young woman. I am told her solicitor has shown little interest and is only interested in the divorce itself. I assume he does not have the knowledge to deal with this and is therefore, failing to deal with it. I have suggested she visits the police station as she has direct knowledge of a fraud that has been committed. One fear is that ,despite all this, he is a half decent dad and pursuing legal action might spoil the relationship she has with her child. Apart from the moral and ethical issues involved are you able to offer any sound leagl advice please?

[Davethedog]

Police yes this is fraud on a frightening scale. If he has broken the law its nothing to do with soliciters as far as your sister is concerned.

Also the CAB she should write to the loan companies explain the circumstances and say that she has been decieved and will no longer pay and the must contact her ex.

Is the original loan paid?

Lastly why did she keep paying?

[redcrx]

i agree, the police should be notified of this straight away

[parksy]

Sorry- only just worked out how to reply

[beastmonkey]

even if the solicitor does not have knowledge to deal with this he would have to pass it on to another colleague or firm (he is bound by the law society to give all services and advice to his clients)

If her signature has been forged, then she does need to take action, worrying about the relationship with the child is just an excuse to not do anything.

I know this seems harsh, but i deal with lots of bailiff/insolvency work on a daily basis and see some terrible things and one of the main reasons people get away with leaving a partner in debt, crying in their sitting room as we empty their house is as the partner didn't want to upset the children.

by the time they realise that the children have now lost everything in their home, they then decide maybe they should have gone after the partner, but unfortunately it is too late.

my advice, push the solicitor to get this looked at and if he/she won't then find another solicitor.

[ummmm]

If he was a half decent Dad he would accept that he is a con artist and should be punished and that would have no reflection on the relationship with his child.

[parksy]

these are positive responses that I can pass on thanks all

[parksy]

She is still reluctant: she has very recently stopped paying her part of the fraudulent debt. Don't know if I'm right but I have suggested that the loan company will still come to her until she can show she has no interest in the debt. It really is in her best interest to report this to the police but can she refuse?

[Eve]

He's not exactly a good example for the child, could it not be easier now for him to be dealt with appropriately then make amends than it being let go, possibly getting worse (if he has got away with so much so far, where is the disincentive?) and even more damage being done to all concerned.

I would also be worrying about what else he might have done! Is she sure that that is all he has used her (or anyone else's) signature for and would she know what else he could be involved in?

She also needs to look to the future, what if there comes a point when she changes her mind about things, what if he is made bankrupt and the loan company come after her?

I doubt the fact that she knows all about what happened but let it go to, probably to the prejudice of the creditors themselves and justice in general, will work in her favour so who knows what future trouble she could be making for herself.

[parksy]

thank you all so much- and for being sensitive about the issue- I think that reading these responses has finally made her see what she needs to do- and it is thanks to you all.