POWER OF ATTOURNEY - FRAUD

[Fantomas]

Thanks for that Pan

I was thinking that myself - - - the concern over giving the back my wifes handwriting.

In fact I have drafted a letter to the bank, informing them this is fraud, and asking if they have anything on file saying that the POA had the right to sign. And I made the decision not to get my wife to sigh the letter for that reason.

So I am.....

writing to the bank to let them know the situation and advise them to freeze the account......

...may wait for a response prior to going to the Police in Cyprus..........

How does this sound???

I am posting the letter in the morning recorded delivery (do not want to email, as I want to know they have definately signed ofr it), then we are on hols for 2 weeks, so by then we should have a response, failing that we will probably go to cyprus to report - but I can not see the bank not responding..........................

[Pantheman]

Thanks for that Pan

I was thinking that myself - - - the concern over giving the back my wifes handwriting.

In fact I have drafted a letter to the bank, informing them this is fraud, and asking if they have anything on file saying that the POA had the right to sign. And I made the decision not to get my wife to sigh the letter for that reason.

So I am.....

writing to the bank to let them know the situation and advise them to freeze the account......

...may wait for a response prior to going to the Police in Cyprus..........

How does this sound???

I am posting the letter in the morning recorded delivery (do not want to email, as I want to know they have definately signed ofr it), then we are on hols for 2 weeks, so by then we should have a response, failing that we will probably go to cyprus to report - but I can not see the bank not responding..........................

Well I hope you mentioned you will be going to the police if you have no response with say 2 weeks.


Eitherway, if you don't get a response and you do come to Cyprus, give them one more chance by going there and telling them, if you still get no joy, then go to the police. Keep a record of all communocations and trips to the bank and names of persons spoken to, in preparation to build your case.

Good luck

[Fantomas]

well getting of for a month since i posted the letter .... and no reply.

I am starting to think that something is going on, surely they must know they have an issue??

At the end of the day, nothing has been signed, they have not been in contact since December, and they have not responed to my letter outlining that we know nothing about the mortgage / property......

The last correspondance (when I found about this), was from them asking us to sign the completion, so that the proprty develoment company can receive the last payment.

At the end of the day I am getting less worried as I know we have done nothing to get in this situation and that any signd forms will be proven to be forgeries, so if it gets as far as court, surely it will be laughed out??

[Nigel Howarth]

For your own peace of mind, I suggest that you contact the bank (telephone) to see what is happening - and also the developer.

People are generally very slow in replying to letters and emails.

Regards,

[Fantomas]

OK heres an update - just got a response form the bank.

Here are the facts again

1) My wife knew nothing about a bank being opened in her name, a mortgage being taken out in her name, and a property being bought in her name
2) Upon further investigation it became aparrant that her brother did all this and forged documents. The bank could not have been squeaky clean here, as the contract between them and my wife was signed by a power of attourney who had no right to do this - surely the bank should have checked this?
3) The complicated thing is that she engaged with the back by Email talking about terms etc (this all happend before i knew and she was clearly doing this as she knew her brother could get into trouble)
4) I sent a letter stating very clearly that the back account account / mortgage / purchase of propert had all been done without her knowledge or consent therefore how can we be bound by any contract?

...the response, very short

states -
- they are surprised by the response considereing the previous communications.
- they confirm she is liable for the loan
- in view of the letter they will taking legal actions through the courts.


I am not surprised by any of this.

- The fact that she signed nothing, and never was in the country when all these things were done, means I do not see what the back can do.
- However my concern had always been the prior communication - the bank will obviously use this as a way of saying she accepted things.


what are your thoughts?
Obviously the courts will be contacting us, but is there anything you think we should do prior to this? - or in preparation for this?

Thanks

[Nigel Howarth]

is there anything you think we should do prior to this? - or in preparation for this?

Get a lawyer to represent you and brief them with all the information.

If you need a recommendation, let me know.

Regards,

[Pantheman]

Seems the only defence the bank has, is the communications with your wife.

Depending upon the contents of the communications, it could show that she knew, was aware and did not contest anything (due to not wanting to get her brother into trouble). This would then be seen a acceptance, even though she 'now claims' she knew nothing about this.

It's a sad situation when a sibling does the 'dirty' and then the other does not want to get them into trouble.

You only defence is to get a lawyer involved at this stage. The banks always threaten to use the courts, bring em on is what I say, it'll give you a chance to show the banks dirty washing in public. You might like to advise the bank that once this goes public, you will make sure the worldwide web will also know!!!

Good luck, but I fear your wife may be part blame by association.

Some years ago we were invloved in ligitation in the UK with an engineer that put is a staircase that we didn't actually ask for. He could not prove in writing that we requested it, but in another document to the fire authority, there was some mention of a proposed staircase, and from this the judge, duducted that we must have discussed it and therefore found in the engineers favour.


Courts can go eitherway, the content of what your wife wrote, would be critical in all of this. As the way I see it, if she didn't fight this the moment she discovered it, then, it could be construed as accepting it. Sorry to say.

Good Luck.

[Fantomas]

Depending upon the contents of the communications, it could show that she knew, was aware and did not contest anything (due to not wanting to get her brother into trouble). This would then be seen a acceptance, even though she 'now claims' she knew nothing about this

I think she has written to them 3 times. Once when she first found out about it , and she was trying to get the mortgage moved to her brothrs name. (This failed)

The second and third times were around her trying to get it rented and stating she could not afford the mortgage.

I agree this is the only thing the back have, and I would be dissapointed if this ourweighs the fact she signed nothing, knew nothing, and has never been in the country.

2 more thoughts:

1) I doubt if anyone knows for sure, but what do you think would happen if her brother owned up to everything? I honstly feel that if this is investigated it will all be proven, she has signed nothing with banks or property developers, he did it all. So if he owned up - what would happen?

2) If the worst happens and we get stuck with this, one thing is for sure - we can not aford this mortgage! - there is no way we could even start to pay this. The only option would be to go bust. are you are of any issues with this (it being a foriegn debt and all.

Ultimately I ned to stop worring about this as it is killing me. Is there really a court in the land who would find her guilty? I would be horrified, as even me digging around a bit, has found all the forged documents, surely if this is investigatd it will be found and can not be ignored.

NIGEL - you mentioned in another thread you know some english lawers in cyprus, if you ahev any ypou could reccomend you please let me know.

Thanks

[Pantheman]

1. If he owned up to it, he would be confessing to a crime and most surely go to prison. The bank may also get into trouble for aiding and abetting, depends on their information. You could then get cut lose, or sue the bank.

2. if you feel you have right on your side (and you ought seek a professional legal opinion), you should not pay any mortgage as this in itself is admission to it. And worst still could be seen as you assisted your (or her) brother to commit fraud.
Perhaps no judge would find against you, and perhaps you should just let the bank take it to court to have your say, BUT, you should have reported it to the police in the first instance, and by the shear fact that you haven't makes you complicite. Then you need to get a lawyer on the case to have a look and give you proper legal advice rather than just other peoples (like mine and Nigels) opinions, however good intentioned they may be.

I can recommend a lawyer if you need one.

Good luck, as I think you may now need it!

[Nigel Howarth]

NIGEL - you mentioned in another thread you know some english lawers in cyprus, if you ahev any ypou could reccomend you please let me know.

The British High Commission publishes a list of English speaking lawyers at http://ukincyprus.fco.gov.uk/en/help-fo ... al-lawyers

The English lawyer I know id Louise Zambartas (she used to help out here in the legal section). You can find her contact details on the companies website at http://www.zambartaslawoffices.com/ (Louise is on annual leave from 24 June until 12 July (inclusive) - but if you call her office one of the support staff may be able to assist).

Regards,