When a call comes from a bank demanding repayment of a loan for a loan that you did not take, you should not consider the situation to be someone else’s unsuccessful joke. Fraudsters are not asleep, and come up with new ways of enrichment through the bank at the expense of others. In spite of the protection measures created by the bank, dishonest people find the tricks of their detour, and the chosen “victim” faces the need to sort out relations with the bank to which the person has never addressed.
No one is immune from accidents, but it is in our power to reduce the risk of fraud, if you know the working diagrams and loopholes used by criminals in banks after stealing a passport.
Victims of fraud: risk groups
Each bank, accepting a loan application, requires its own package of papers, but a passport is required. If the main identity document could fall into the hands of outsiders, you should act quickly. If a passport is stolen or lost, immediately notify the law enforcement authorities about the incident and ask to accept the application. When fraudsters attempt to use a passport to submit an application and issue borrowed funds, the bank will identify the problem with the document and block the planned transaction.
When there is a suspicion that the passport was stolen, the threat of appearing in the file of someone else’s loan is quite large.
Those who decided that the passport was simply lost, and postponed his search for later, are the first candidates for the role of the victim. Make it a rule to keep personal papers and passports out of the reach of outsiders, and if you take them with you, consider safe storage options, away from the eyes and hands of outsiders.
After a written statement is submitted to the police, a second step is to request a credit history (CI). It will allow to identify suspicious activity on loans in other banks, not related to the actions of the client:
- active requests of banking institutions for the issuance of funds after the date of loss of the passport;
- application in the LIC with the request to provide the latest reports.
The trouble will inadvertently come
If a person doesn’t start his habit of checking his credit history at least once a year, there is a risk to get into the list of defaulters and receive claims from the bank much later than the day the document is lost. Sometimes it takes several years until information about someone else’s outstanding debt in the bank floats to the surface. This happens when:
- The bank is not in a hurry to put forward financial requirements intentionally, counting on the additional collection of fines and penalties.
- A person often finds debt when faced with the refusal of the bank to issue a new loan.
- Express credits and microloans are issued on a stolen passport based on simplified verification of information.
Practice shows that having a statement in the police about stealing a passport and getting a new one in return does not save a person from illegally issuing borrowed money in banks. However, for the court, when the bank demands a refund, the presence of a confirmed fact of timely contacting the police will help prove the defendant’s non-participation.
Faced with credit woes of hundreds of thousands of rubles, the victim is forced to defend himself. A series of actions will help correct the data in the CII and get rid of other people’s debts.
All means are good – we are looking for evidence for the court.
The bank will not give up its claims against the debtor, and since they include a person who has lost a passport, further disassembly is transferred to the walls of the court.
The mere fact of submitting an application is not sufficient to completely remove the claims of banks. We have to monitor every step of the proceedings. There are cases when the applicant, without waiting for the summons from the investigator, after the fact received a decision to terminate the criminal case and the inability to establish the identity of the criminal. For this reason, it is worthwhile to take the documentary evidence that the application has been received and to keep all documents related to the theft.
Subsequently, these documents will have to be presented in court as evidence of innocence. In the course of the trial, an examination of the handwriting will be carried out, certifying or refuting the involvement of the person in the loan taken.
As a documentary evidence, the court will take into account the photos and videos of the moment the loan was received by the fraudster. Materials from surveillance cameras have the right to demand the defendant at the request of the court.
If you thoroughly prepare for the trial, the court is likely to accept the position of the defendant, recognizing his innocence.
So, the defendant can defend his case by submitting the following documents to the court:
- Certificate of a criminal case.
- A copy of the statement of theft with a mark of acceptance.
In the course of the proceedings, the defendant petitioned for a handwriting examination and the attraction of video materials from the internal chambers in the branch that issued the funds to the intruders.
An alternative way is to file a counterclaim to invalidate the loan agreement. In the course of the proceedings in a criminal case, the person from whom the passport was stolen is recognized as a victim.
If you bring in an experienced lawyer, there is every chance of getting rid of someone else’s debt and returning your reputation.
Why did the bank approve the issue?
The bank is not interested in who will return the funds to it. The main thing is that the money together with interest as soon as possible returned to the cashier or accounts. The more you delve into the essence of the creditor’s claim, the more questions arise about the work of the bank, because its employees are obliged to monitor the legality of the credit transaction. The reasons are as follows:
- The presented passport must contain traces of a fake photo, or the appearance of the person who made the loan is different from the photo in the passport.
- Often the signature in the contracts is very different from the passport – the ability to fake a signature is far from being developed by everyone.
- A reasonable question arises in connection with the acceptance for consideration of an application on a passport listed as stolen or lost (i.e., invalid).
It would be interesting to hear the comments of representatives of the bank, however, for obvious reasons, they remain silent.
On the other hand, bank employees are not always guilty of negligence or intentional approval of a loan on another’s document. The fact is that banks check passport information through the FMS database, which records get with a 1-2-week delay. This period is enough to collect multimillion-dollar loans from the bank and disappear.
Banks, realizing the losing position of their position in a court to recover a loan from an innocent person, making sure that the person recognized as a debtor is not guilty, often initiate a call to the police themselves and facilitate the conduct of proceedings for fraud when taking a loan on false passports. This explains the small number of similar claims in Tinkoff Bank. Rosbank, by contrast, will assert its right to a refund, regardless of who is listed as the borrower. According to representatives of banks, for situations where the funds fall into the hands of a fraudster, there are special financial reserves, and the issue is resolved, without reaching the court.
Having received a negative experience of improper charges and penalties, a person with a high degree of probability will get rid of debts created by fraudsters. Despite the existence of the right to recover moral damages from the lender, the court is unlikely to satisfy the requirements, because seldom it is possible to catch the unscrupulous employees of a bank branch by the hand. When someone else’s bank debt was attributed to a person, he, having gone through all the stages of the proceedings, is unlikely to leave his passport next time unattended. It is better to prevent trouble than to eliminate its consequences.