The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
What actions should be taken if a loan is found in your name that you did not apply for?
First and foremost, it is necessary to identify the name of the credit organization where the loan was issued and verify the presence of a license from the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market. This can be checked on the financial regulator’s website in the section “Registry of Permits and Notifications.”
You should also file a statement with law enforcement authorities. A handwriting expert examination will be appointed to determine that the loan agreement does not bear the borrower’s signature.
After establishing which credit organization issued a loan fraudulently in your name, you need to submit a written statement to that organization, detailing all available information. In case of loss of your payment card or identity document, you must attach a confirming certificate. Be sure to demand an internal official investigation. Your statement must be registered, and the registration number with the date of acceptance should be indicated on the copy of the statement that you keep.
The credit organization is required to provide you with copies of the loan agreement, its appendices, and identity documents, as well as the account details to which the funds were transferred. You will also need to clarify the details of the employee who issued the loan and prepared the agreement.
If the credit organization refuses to provide the documents, you may file a complaint with the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market.
If the loan was issued via loan terminals, these devices are equipped with video cameras, and recordings from them can help identify the recipient.
In the case of an online loan, the police can trace the perpetrators by IP address. It should be noted that such fraud can be committed not only by strangers but also by close relatives, friends, or acquaintances — people to whom you have entrusted your documents and banking details.
If the credit organization cannot find evidence that the loan was obtained fraudulently using your identity, you must file a lawsuit at your place of residence seeking to declare the transaction invalid. Should the court rule in your favor, the credit organization must:
- cease demanding repayment from you;
- write off the debt;
- send a letter to the credit bureau to remove information about the fraudulent loan from your credit history.
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What new requirements have been introduced for the remote issuance and reissuance of bank cards?
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Does a debtor have the right to record a conversation with a collector?
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