If suddenly you find out that you have been issued a loanwithout your knowledge, this does not mean that you have to pay. It is possible to prove your innocence. Roskachestvo gives recommendations on what to do so that the bank writes off someone else's debt.
What to do if collectors call and report a debt on a loan?
If the loan is overdue, the borrower willcall from a credit institution or from a collection agency to which the bank or MFI has transferred information about the debt. Finding out about a loan debt you're hearing about for the first time can be frustrating, but it's a big mistake not to answer calls and try to find out what happened. The fact is that a loan issued by scammers in your name may be very small, but the interest due to delay is huge, and ignoring the situation will lead to even more debt and exacerbate the problem. Therefore, you need to find out which organization they are calling from, which loan they refer to and when it was taken.
The information received must be checked with the bureau.credit histories. If your credit history is clean, it is quite possible that ill-wishers called you to scare you, and not at all from a collection agency. However, there may be another scenario: in your name, not one loan was issued, about which they called you, but several at once in various organizations. Often the information in the BKI comes with a delay.
If it turned out that a loan in your name was indeed taken, what should you do?
Write a statement to the police</b>
This will already give your problem a legal status andwill officially confirm your status as a victim of fraud. It will also help if the case goes to court. Perhaps now you only know about one loan, and then other loans issued by scammers to you may appear. And if you find that you have taken loans for a stolen or lost passport, write also a statement about the theft (loss) of your passport. The document will be considered lost, and I will not be able to issue more loans for it in the future.
Write an application to the bank or MFI where the loan was issued in your name
Already from your credit history, you will know when the loan was taken, the amount of the loan and the amount of interest, as well as the period of delay in payments.
The lender must state in the application:
• About the absence of an agreement with you;
• On non-receipt of money from the bank IFI
In addition, it is necessary to requireinternal investigation and write off your debt. A credit institution can provide you with the documents that were used to process the loan. From them you will find out which method the scammers used. This can be passport data, passport scans, document signatures, phone numbers and credit cards.
If you see that the photo in your passportre-glued, the signature is forged, and the specified card and phone number are not yours, this will be proof that the credit was taken by scammers. All this data should also be examined by bank employees to make sure that it was not you who took the loan. After the investigation, if the creditor realizes that it was not you who took the money, the case should be closed and your debt written off.
But what if the bank does not acknowledge the fraudulent activity?
It is unprofitable for banks and MFIs to write off debts thatthey will never return. Therefore, the credit institution may refuse to write off the debt. Then you need to complain to the regulator - to the Internet reception of the Bank of Russia - and describe the situation with the investigation of your case.
When should you go to court?
If all the above methods did not help andthe credit institution refuses to write off the debt, it remains to file a claim with the court. The statement of claim against the creditor must be accompanied by the entire package of documents under the contract and evidence that the contract was not concluded by you.
What can be evidence of your non-involvement in the loan?
• Forged Signature: A handwriting examination may be required to identify a forgery.
• Your location:if you prove that you were not at that office of the credit organization when the loan was issued, this will be substantial evidence that you did not take the loan. You could be in another city, at work, in general, on vacation in another country.
• Report from the police: for example, that your passport was stolen or that your account with personal data was hacked
• Surveillance footage: if the case is recent, the bank may find footage from the day someone under your name visited the office of a credit institution and took out a loan
• Statements from your accounts: to help you prove that no amounts have been credited to your accounts on loans you have taken.
If the loan was issued online, it may be more difficult to collect evidence, but it is possible. You will need to provide evidence that your account has been hacked, for example, at the State Services.
Decisions in your favor to write off the debt willdepend on the statute of limitations of the fraudulent loan and all the details of the situation. Sometimes the debt is written off by the banks themselves when applying, sometimes you have to fight for the cancellation of the debt in court. According to experts, it is easier to win a case with an MFI than with a bank, since fewer documents will have to be disputed.
If you win your case in court and your loan is closed,and the debt has been written off, do not forget to contact the BKI to “clean up” your credit history: a financial institution must delete information about you as an unreliable borrower.
What to do if a loan was taken using a stolen or lost phone?
If the phone was stolen or lost, but about the losswas noticed too late, fraudsters can not only withdraw funds from cards to third-party accounts, but also have time to take loans and also withdraw them to their cards or cash out. For this, both a banking application and a SIM card can be used. Therefore, banks recommend in case of loss of a mobile phone:
Block sim card
Notify the bank about the loss to block access to your personal account.
However, if this is not done promptly, thenattackers can still manage to get a loan and withdraw funds, and you will have to repay the loan. In this case, you also need to write a statement to the police about fraudulent activities, and if the phone was stolen, then also about the theft of a mobile device. Money is almost always withdrawn to the cards of nominees, and the police rarely manage to find the real culprits. In this case, it is very difficult to prove your innocence to the loan. Banks in the agreement with the client indicate that "the Holder is responsible for all transactions with the card made before the bank receives notification of the loss of the Mobile Device." The courts almost always take the side of the bank, since all operations for obtaining a loan and withdrawing funds were carried out with confirmation using a mobile device, SMS codes, etc. Litigation with a bank can cost serious investments in legal assistance, and a positive result is not guaranteed, and the total expenses can even cover the amount of the loan.
Do I have to pay for someone else's loan?
Igor Pozdnyakov, Legal Counsel of the Defense Departmentrights of consumers of Roskachestvo: “If you are faced with the situation described above, it is not recommended to pay someone else's debt without trying to defend your rights. Even if the credit institution rejected your claim, you have an inalienable right to apply to the court for the protection of your rights - often if there is evidence that you did not take the loan, the contract is recognized as not concluded and the obligation of any payment disappears. If the court takes the side of the credit organization, then, unfortunately, most likely you will have to pay back the “foreign” debt.”