Bank is trying to defraud me!

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They would get a copy of the loan agreements which is that is at issue here.
 
Totally agree....what bank clerk in back office is going to transfer €8000 into an account without the relevant paperwork to back up their actions....They bank in question may not have had the agreement in house two years after the loan was initially made..they probably had to have it pulled from off site security storage....thus the delay in producing the agreement....

I think this is the most likely explanation as to delay in producing the document. The OP seems to have forgotten that her father as guarantor of the loan is liable for repayment if it's not paid. That's the reason why Student Loans are easier to obtain.

I think the title of the thread should have been reversed !
 
Totally agree with above, having spent the best part of my life working in banks it is highly unlikely there is nothing signed. Even before the present crisis the amount of paperwork and signing off that is needed for anything to be drawn down makes it unlikely there is no credit agreement. Would require more than one person to be stupid and break audit guidelines, can't see why anyone would do that. (I am of course talking about ordinary branch bank employees, yes we know there were some very funny big loans given out on high without paperwork!)
 
Exactly. Its this type of attitude (OPs) that has the world in the financial mess that its in at the moment. All types of excuses, looking at loopholes etc. and blaming this person and that person. If you owe the money just pay it because the bottom line is if you don't the rest of us will have to in the long run :(

To the inhabitants of the world, I sincerely apologise for my actions which have caused the global financial mess!

Ok Sue Ellen, please understand this. The bank mis-sold me a loan. They can't simply give out money and then make up the rules, interest rates and repayment details afterwards as suits them. I tried to meet them half way, offering to pay back all of the principal without interest. This is something I was not legally obliged to do, as I was informed by 2 different solicitors. The bank weren't happy with this and so committed a criminal act by forging a document in an attempt to defraud me. And you think my attitude has the world in a financial mess? What a skewered and biased view you have of the world.
 
So what you are saying is that you took out a loan from a bank not knowing whether the interest rate you were being charged by the bank was 1% or 27% or even 50%. Your father went guarantor and he also did not sight or sign any documentation protecting you or himself.
 
So what you are saying is that you took out a loan from a bank not knowing whether the interest rate you were being charged by the bank was 1% or 27% or even 50%.

Yes.

Your father went guarantor and he also did not sight or sign any documentation protecting you or himself.

What? I don't understand what you're saying.
My father did not go guarantor on the loan, that's precisely the point, the document was fraudulated.

He did not sight? What the hell does that mean, he did not see?
He did not sign any documentation protecting himself or me, what the hell does that mean?
 
Yes.



What? I don't understand what you're saying.


He did not sight? What the hell does that mean, he did not see?
He did not sign any documentation protecting himself or me, what the hell does that mean?

Yes you do understand what I am saying and that is why you have replied in such a rude fashion. I think you should employ yourself a solicitor.
 
I actually couldn't believe that my son got a loan of 2k a few weeks back and could have got up to 6k with NO Guarantor, repayments to be made after he graduates. He didn't ask for the loan, he was making a lodgement and was asked by the cashier if he was interested in a loan!

This is with Bank of Ireland in 2012 !!!


I think this is the most likely explanation as to delay in producing the document. The OP seems to have forgotten that her father as guarantor of the loan is liable for repayment if it's not paid. That's the reason why Student Loans are easier to obtain.
!
 
Yes you do understand what I am saying and that is why you have replied in such a rude fashion. I think you should employ yourself a solicitor.

I don't understand your 2nd point, that is why I asked. Anyway, grammatically, your 2nd point doesn't make sense.

I have consulted 2 different solicitors already, I won't hesitate to contact another.
 
I've found Bank of Ireland absolutely woeful in the past for students. I left them because they were so hypocritical. Their ad goes - "We offer students more because when you start making it, we do too". Then I was told I couldn't have an overdraft because my account was a student account, if I had a normal current account, I could have applied. Such hypocrisy prompted me to leave and take my custom elsewhere.
 
In my opinion, this post has gone beyond being useful in answering the OPS question. Most posts are opinion, not useful information.

The advice given below, is the best sensible advice about what the OP
should do now.

To reiterate what yerraboy has said, if you wish to pursue this legally, you need cold hard facts.


Firstly, I'm not in a position to give you legal advice, and from your post, you don't need it.
Secondly, I have my own moral base, it's mine and I won't be imposing it on anyone. The same can be said for you - it's your private concern.
Cars parked.

You need to write to your Financial Instution (FI) and ask them for all relevant personal information about you under the Data Protection Acts 1988 and 2003 dataprotection-dot-ie ..click .. 'for individuals'.... 'know your rights'. As well as giving you access to all off your personal information (documents signed by you) it can include 'cctv' images i.e. if you know when you went into your FI - as in the date on the Credit Agreement (CA). Everyone can access their own personal information, your Father can (& should) do the same.

You should be given copies of your CA and older agreement. Check if they are look identical (hold one over the other up to a window). If you think the do engage the services of a respected forensic expert (legal circles should point you to 1 individual in Eire, you won't find him on google).

Once you get your personal information from your FI and you think you have a forgery on your hands, make an official complaint to your FI. Do not do this before your have the evidence in your hands. Information about this is at nca-dot-ie/nca/financialcomplaints (my 1st post here so can't post url's, workaround OK moderator?)

Stop communicating verbally with your FI.
It is your FI's right to enforce their rights as they see fit, i.e. legal. That's their decision, you will not be able to influence this in any way, nor should you. If they choose this course, as is their right, it sounds like you MAY (caveat, read my 1st sentence) have a possible defense under the Consumer Credit Act, and the potential forgery. Get legal advise at that point, the loan sum is relatively small so the legal expense won't be huge. As far as I am aware, you do not have any counterclaim against your FI, unjust enrichment etc.
If you don't pay, don't be under any illusions that they won't try and enforce their actions. Find a copy of the March 2011 'financial measures programme' online, go to page 24 under the heading 'asset quality review' and contemplate the words '...potential ability to remediate...'
Yes I know, different size and class of loans etc, but... think institutional mindset.

This is not advise or a recommenddation per se... but if I were in your shoes I would be getting some hard cold facts as opposed to "I'm, fairly sure" etc. you've got nothing until then.
 
Going by some of the comments and the poster, it is pity that the society we now live can forget what is morally correct and try to get out of a payment through a legal loophole. You must pay it back, if you want to borrow without interest ask a relative.
 
Totally agree with above, having spent the best part of my life working in banks it is highly unlikely there is nothing signed. Even before the present crisis the amount of paperwork and signing off that is needed for anything to be drawn down makes it unlikely there is no credit agreement. Would require more than one person to be stupid and break audit guidelines, can't see why anyone would do that. (I am of course talking about ordinary branch bank employees, yes we know there were some very funny big loans given out on high without paperwork!)

I still work in banking and every credit agreement is printed in duplicate with one copy given to customer and the other held on file.

The Guarantee form has a section in it suggesting Guarantor getting legal advice to understand what he/she is signing and requiring a signature to waive this.

Unless the bank official in question is working with you to defraud the bank there is no way that the documentation is not on file.

Why post on here if OP has already gone to 2 solicitors? Did they not give the answer you wanted to hear? I suggest that you're the one that will end up paying a hell of a lot more than the original loan in legal costs etc and then still have to pay off your loan.

I'll be interested to hear what the outcome is!
 
I still work in banking and every credit agreement is printed in duplicate with one copy given to customer and the other held on file.

The Guarantee form has a section in it suggesting Guarantor getting legal advice to understand what he/she is signing and requiring a signature to waive this.

Unless the bank official in question is working with you to defraud the bank there is no way that the documentation is not on file.

Are you saying that it never happens that a loan is drawndown without the necessary paperwork being done? And it has never happened before?
Because I have a friend in a Credit Union and another in a bank, and they tell me it happens, not often, but it does still happen.
 
So what you are saying is that you took out a loan from a bank not knowing whether the interest rate you were being charged by the bank was 1% or 27% or even 50%. Your father went guarantor and he also did not sight or sign any documentation protecting you or himself.

Yes.

Was that the first loan you ever took out in your life or were there loans ever taken out before ? I am asking this because it is reasonable for a private citizen, especially a novice at such matters not to be aware of requirements for paperwork etc. I remember when I took out my first loan. They could have given me 20 pieces of paper or they could have given me one and I could have walked away not knowing any difference, more worried about doing the things I need to do in order to earn the actual money to repay the loan than worried about the paperwork itself. However it is extremely careless, dare I say it even ignorant not to be aware of what kind of legal obligations you enter into ( concerning repayment terms and interest rate etc) when you enter into a loan agreement. And if your father went as guarantor then he would have had to signed an agreement somewhere which makes your story even more confusing. No paper signed by him = he is not the guarantor.
 
This thread has run its course.

The OP has asked her question and at this stage she appears to have received some relevant advice and comments.

Thread Closed.

aj
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