Death of partner and debt.

[alangee]

Re: Death of partner and debt.

But they arnt claiming its an original though so whether it has a signature is irrelevant on my opinion, as they say its a recon.

Its not an offence i dont think, its just a point of conjecture should they say its an original. Everyone here always say, sign digitally for a reason.

SX

Please explain to me how a reconstruction can contain signature(s)?

If there is a signature on a document - whether it is an agreement or something else - then it is either the original or a copy of it.

In this instance the bank say they do not have the agreement, so it would appear that they have put together a document and added signatures.

Why are you saying this is not an offence? Signing a document yourself digitally is one thing, but, adding a copy and pasted signature of someone else is entirely different. The reason you sign digitally is to stop banks and DCA's adding your signature to a document you had not signed.

It is also possible that this was done after Streetwise wife/partner had died. Such are the morals of the banking industry.

Alan

[ken100464]

Re: Death of partner and debt.

When its explained like that in any other walk of life you would think thats fraud.

It really does make you think how onesided all this is.

[PriorityOne]

Re: Death of partner and debt.

If a signature has been placed upon a reconstituted document, then it is fraud (in my opinion).... and since there's no original documentation, what have they based the reconstruction on and where have they got the signature from?

Questions to be put in writing......

[ken100464]

Re: Death of partner and debt.

P1

Thats what I mean it would be fraud in any other walk of life so why is it ok in this alternative universe.

Have a bank ever been taken to court for this?

[Streetwise]

Re: Death of partner and debt.

P1

Thats what I mean it would be fraud in any other walk of life so why is it ok in this alternative universe.

Have a bank ever been taken to court for this?

Counterfeiting and Forgery act 1981 the police quoted.

[alangee]

Re: Death of partner and debt.

and where have they got the signature from?

It is where the Partnership banks, so their signatures would be held on file.

Alan

[PriorityOne]

Re: Death of partner and debt.

I'm not sure this is what Waksman had in mind when he said that a reconstruction would be acceptable.... for information purposes maybe but not for proof purposes.....

[Streetwise]

Re: Death of partner and debt.

I'm not sure this is what Waksman had in mind when he said that a reconstruction would be acceptable.... for information purposes maybe but not for proof purposes.....

No this is to try and fool the Executor,if this had been left to a solicitor to carry out probate do you think he would have picked up on it, or just paid out.

[Streetwise]

Re: Death of partner and debt.

If a signature has been placed upon a reconstituted document, then it is fraud (in my opinion).... and since there's no original documentation, what have they based the reconstruction on and where have they got the signature from?

Questions to be put in writing......

These questions have been put to the bank and they replied by first saying that it was merely typographical errors.

I have now made a complaint to the F.O.S,in which I have asked why a formal demand has been issued,as the account has never been defaulted on and has been run properly for 6 years now.

There reply is that back in January 2012 the bank made an offer to refinance the account and that I turned it down,that is why they have issued a formal demand,another twist, as at first they said they issued it because of the death of one of the partners.

I made an offer to repay them over 15 years,they would get all of there money back plus the interest.

They are now saying in there reply to the F.O.S that they turned my offer down because they want the money paid back over 10 years
this is the first time they have mentioned this,I am bemused.

[Streetwise]

Re: Death of partner and debt.

Another letter sent to there recovery department at the start of January,asking 3 questions.

1)Can you please tell me the rate of interest being applied to my account at present.

2)Can you tell me the date this interest rate has been applied from.

3)Please supply me with a copy of the legal document that allows you to apply this interest rate to my account.

Reply today 4% being charged Double what it was.

No replies to question 2 or 3.Wonder why.

[mgfboy]

Re: Death of partner and debt.

These questions have been put to the bank and they replied by first saying that it was merely typographical errors.

I have now made a complaint to the F.O.S,in which I have asked why a formal demand has been issued,as the account has never been defaulted on and has been run properly for 6 years now.

There reply is that back in January 2012 the bank made an offer to refinance the account and that I turned it down,that is why they have issued a formal demand,another twist, as at first they said they issued it because of the death of one of the partners.

I made an offer to repay them over 15 years,they would get all of there money back plus the interest.

They are now saying in there reply to the F.O.S that they turned my offer down because they want the money paid back over 10 years
this is the first time they have mentioned this,I am bemused.

They make it up as they go along and hope nobody can follow the papertrail, also I suppose their experiance shows that they can lie and cheat and FOS will say they have done nothing wrong

SAR them if you haven't already, it would be interesting to see what they have on file, becuase I'm if they rejected something there would be a letter sent to you showing that

[Streetwise]

Re: Death of partner and debt.

They make it up as they go along and hope nobody can follow the papertrail, also I suppose their experiance shows that they can lie and cheat and FOS will say they have done nothing wrong

SAR them if you haven't already, it would be interesting to see what they have on file, becuase I'm if they rejected something there would be a letter sent to you showing that

All ready SAR them,SAR came back stating we don't have the loan agreement,that was December last year.

But on issuing the formal demand they have doubled the interest rate being applied to the account from base +2% to base+4% even although they don't have a loan agreement that say's they can do this.

[mgfboy]

Re: Death of partner and debt.

All ready SAR them,SAR came back stating we don't have the loan agreement,that was December last year.

But on issuing the formal demand they have doubled the interest rate being applied to the account from base +2% to base+4% even although they don't have a loan agreement that say's they can do this.

Fair enough, I would still write to them asking for a copy of the letter where they said they wanted a 10 year loan. As for doubling the interest rate, I suppose as there is no agreement they can do what they like within reason. One thing as this is a secured loan, have you asked the partnership solicitor if they have a copy on file, because as a minimum I think legal advice should have been taken???

[Streetwise]

Re: Death of partner and debt.

Fair enough, I would still write to them asking for a copy of the letter where they said they wanted a 10 year loan. As for doubling the interest rate, I suppose as there is no agreement they can do what they like within reason. One thing as this is a secured loan, have you asked the partnership solicitor if they have a copy on file, because as a minimum I think legal advice should have been taken???

There mention of the 10 years came in the reply from my complaint to the FOS.January this year.

By doing what they like,it is starting to open up Pandora's box.

The original Solicitor has no copy of any loan agreement.

This sites Solicitor has been passed some of the documents related to this dispute, and i am awaiting his reply.