What to do if a loan was issued for you without your consent - legal assistance
If you get a call demanding repayment of a loan you didn't know about, or if you're told that someone you haven't spoken to in a long time has named you as a trustee for a loan, it's likely that you have become a victim of fraud. It is possible that a loan or microloan was issued in your name without your knowledge, or you are mistakenly believed to be involved in it. We will tell in this article what to do in such a case and where to turn.
What to do if a loan was issued by fraudsters in your name?
How to act if fraudsters have issued a loan for you:
- Check the information. Contact your bank, financial institution or debt collectors for details. You can also check your credit history online through the Ukrainian Credit Bureau.
- Contact the police. Write a statement about illegal processing of a loan to record the event and enter data into the Unified Register of Pretrial Investigations.
- Notify the creditor or debt collector. Tell that you did not take out a loan and provide your arguments.
- Get copies of documents. Ask the bank or collectors for certified copies of contracts and documents on debt assignment.
- Contact a lawyer. Consult a specialist in banking law or check the documents yourself for signs of forgery.
What are collectors and what are their functions?
Forcible collection of debts is carried out by an executive service, which can be public or private. It operates within the limits of the law, usually sending official documents to debtors by mail, such as clarifications, copies of credit agreements and court decisions, as well as a demand to pay the debt.
In contrast, debt collectors are private organizations that collect debts on contractual terms. They may use more aggressive methods, such as frequent phone calls. Collectors perform "dirty work" that the executive service cannot afford.
Why are frauds becoming common when receiving microloans?
Frauds involving the issuance of loans in someone else's name often occur precisely with microloans - short-term loans of up to 20,000 hryvnias, which are easy to issue online. Fraudsters use this simplicity to apply for loans based on other people's personal data.
Microcredit organizations usually only ask for a trustee's phone number and do not require the signing of guaranty documents or contact verification. They expect that in the event of a loan default, debt collection will be carried out by collectors.
Why should you not confirm your personal data during phone calls about loans?
If you get a call from someone calling themselves a certain name, be careful. Take your time to share information. Instead, record who is calling and from where, but don't confirm your personal details. This may allow fraudsters to find out if this number really belongs to you.
In Ukraine, there is a law on the protection of personal data, which gives you the right to demand the deletion of your data from its holder. Your phone number and address are your confidential information and may not be used by financial companies or debt collectors without your consent.
If a collector calls you, ask him for documents confirming the legality of his demands, or offer to go to court. If the documents are provided, contact the police and the bank that granted the loan.
Where to turn if you have become a victim of fraud and a loan has been issued in your name?
If you received a call from a bank or debt collectors demanding to return a loan that you knew nothing about, proceed as follows:
- Check the information: Contact the bank or check the data online through the Ukrainian Credit Bureau. This will help you find out if an error has occurred.
- Contact the police: If the information is confirmed, file a fraud report with law enforcement.
- Notify the financial institution: Explain to the bank or financial institution that you did not issue the loan.
Legal analysis of the situation
Legal analysis is a key step in securing your legal protection. The lawyer studies in detail all the documents, contracts and other materials of the case, which makes it possible to detect violations on the part of creditors and find the most effective ways to protect your interests.
How to order the services of a lawyer in Kyiv
- Online ordering: Fill out the form on our website, specify the services you need, and we will quickly respond.
- Telephone consultation: Call us at +380637375800. Our specialists are ready to answer all your questions.
- Personal visit: We invite you to our office in Kyiv, str. Mechnikova, 2 (BC Parus). We are waiting for you!
If you received a call from a bank or debt collectors about a loan you did not take, it is important to act quickly: check the information through the bank or online credit history, file a police report, inform the financial institution that the loan was not issued by you, and get certified copies of all documents. Consult a lawyer to check documents for forgery and notify regulators such as the National Bank or the National Financial Services Commission of possible fraud. If fraud is confirmed, be prepared for possible legal action.
