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Fraud Creditor won't leave us alone

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M

mcoates

Guest
Louisiana
Here's the basic. My husband was a victim of fraud. After discovering a write off on his credit report, and speaking with the lender (initially they provided info until they saw that we intended to disbute the account), we were able to do some research and actually discover the person responsible for the fraud. The lender would not provide a copy of the signed contract or driver's licence. After several months they requested a signed notarized affidavidt from my husband which he provided with a copy of this driver's licence as requested. We received a letter apologizing for any inconvience and the matter was removed from the credit agencies. Now six months later we receive correspondence from an investigation company posing as a law firm stating the their clients believe my husbands signature match the fraud loan.
The individual responsible for the loan was a former room mate of my husbands and when they moved out both my husband and the room mate moved to separate addresses. Part of the proof we have is my husband never resided at the last known address for the loan. In fact the loan was paid for over a year before the individual skipped town and joined the military.

I have supporting documentation from my husband car insurance company verifying the address he did live at (of course the address on file with the lender is not one of them). I also have bank statements showing no payments were made from my husbands checking account. I also have various old billing statements, as well as cancelled checks throughout the entire time the loan was made and paid.

The lender claims they plan to pursue the loan. What burden of proof do they have with the signature? My husband did not sign the contract, however - his signature would not be that difficult to forge. Do we have to prove the signature is forged? or is that the lenders responsiblity to prove that it is not forged considering the supporting evidence I have to back up our claim?
 



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