Original signed documents

[Samw1957]

I’ve been reading about this sort of thing for a long time and I am seeking some clarification if someone can give it to me.

My friend actually has an issue at the moment where she was married to her husband who had been living a double life for over 10 years.

When she found out she started divorce proceedings and it later turned out that he had took out several loan agreements in her name and forged the signature.

Some signatures are blatantly forged you would think a 3 year old wrote them.

However our barrister seems to think that the creditors don’t need the original documents to force her to pay and the final hearing judge needs to decide if he believes they are forged or not to decide if they come out of her settlement or his.

Basically I’m asking for clarification on what law states that the original signed documents need to be present for a debt to be collected

Thanks

[MikeThomas]

I would have thought that your friend and her barrister would have tried to prove fraud in contract. Once that is proved then surely there would be no need to proceed against her and instead, the court could issue an arrest warrant for the husband.

[Samw1957]

She’s in the process of court - the creditor has took her to court and due to appear in a couple of months.

She has phoned handwriting experts to get the proof it is forged and she also has a crime reference number from actionfraud even though they have said they won’t look into it.
The handwriting expert has said they need original documents to confirm they are forgeries. Yet the company claims no original documents exist.

Hence the barrister saying the creditor could still convince a judge that the contract is valid without originals but hasn’t explained how they will do this.

[iamani]

Hi samw1957

The barrister won't tell you how they do it because he is sworn to uphold the fraud - and if they tell you non-original docs are fine, then that is fraud.

There are several alternate routes one can consider if one does some research and thinks....differently.

1) Look for the conflict of interest and take that to action fraud - if still not interested contact NCA and point out the conflict of interest.

2) Sue him for breach of trust - marriage vows are a trust, you have committed your 'person' to his administration, making him trustee - check out the penalties for misconduct/fraud as a trustee.

3) Send him an invoice for the amount he took out in loans and then lien him - takes a little while but i'm told it can be very effective.

Good luck.

Cheers!

[Samw1957]

Where can I find the law that confirms original documents are required?
I can’t seem to find anything that says as such

[iamani]

Hi samw57

Absolutely no idea, sorry. Might be something you could use from the Bills of Exchange Act.....

Speaking of which - send the creditor an acceptance of the debt conditional to someone sending you a signed invoice. They might suddenly decide that her signature was indeed forged and chase the real culprit. i believe the B.o.E. Act 1882 does state a right to expect a signed invoice, and of course the signatory can be held accountable for the claims on the invoice. Then they have to prove her signature is genuine rather than her having to prove it isn't.

If they won't provide an invoice to effect payment/discharge, that's a refusal to accept payment, which i believe the BOE states is an end to the claim of debt.

Cheers!