Loan and Credit Scams

Bogus loan or credit offers are often pitched to people who need extra money. You may see the ads online, in the classified section of the newspaper, or on bulletin boards. Or you may receive a phone call from a telemarketer.

Advance fee loan scams

You are told you are “guaranteed” or highly likely to get a loan. All you need to do is pay an upfront fee to process the loan.

Facts

• Bogus fee loan companies don’t send the promised loan. Your fee is not refunded. You get a letter saying that your loan application has been denied.
• Legitimate lenders never “guarantee” that consumers will qualify before a credit check is done.

What the law says

In BC it is against the law for a company to charge an advance fee to obtain a loan, even if that fee is described as the first or last month’s payment.

What you can do

• Apply for loans through local banks and credit unions. Know who you’re dealing with.
• If you have poor credit, it is unlikely that any legitimate bank or other financial institution will give you a loan. Your credit history is one of the main criteria they use to determine whether you will be able to repay a loan.
• If you can’t get a loan yourself, a friend, relative or employer may be willing to apply with you for a loan. Warning: If you co-sign for someone else’s loan, you are equally responsible for the debt. If the other person can’t make payments on time, you can be held liable for the loan and your credit record will be affected.
• Get free or low-cost help with credit problems. If you’ve got bad credit or no credit, get advice on how to build a good credit record. See the Sources of Help for Consumers section for places that can help.

Bogus credit cards

Scammers target people who are having credit problems and haven’t been able to get credit cards elsewhere. They claim “guaranteed approval” for a credit card, regardless of your credit rating. They want you to pay an upfront “processing fee” to get the credit card.

Facts

• Few victims ever receive credit cards. Those who do get a card discover that there are additional processing and annual fees.
• In some cases, all you get is a list of banks you can then send an application to.
• In other cases, consumers who gave out their chequing account numbers found money had been debited from their account without their permission.
• In offers that claimed that the card would be issued by an "offshore" bank, the credit card never showed up and the bank didn't exist.

What the law says

It is illegal to make false or misleading statements about providing credit cards. Any company that promises approval and charges a fee is breaking the law.

What you can do

• If someone offers you a credit card regardless of your credit history, be wary. It’s probably a scam.
• Don’t give out your bank account number to anyone unless you intend to have money withdrawn from your account.
• Ask for written information about a credit card or any other offer to be mailed to you.
• If the seller insists that you have to apply immediately, do not apply. A legitimate financial institution will be just as happy to consider your application tomorrow.

Wipe your credit report clean

The pitch goes something like this:

Credit problems? You can now wipe your credit report clean of bankruptcies, judgments, foreclosures and lien payments. AND IT’S 100% LEGAL!

Usually the scam urges you to dispute the accurate negative information on your credit report or to set up a new credit identity for yourself.

Facts

• There’s no legal way to erase accurate negative information from your credit record.
• Legitimate financial institutions don’t issue credit cards without first checking your credit. Ignore these offers.

What you can do

Report suspected frauds to the Better Business Bureau and the Canadian Anti-Fraud Centre (CAFC). See the Sources of Help for Consumers section for contact details.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2013.

Consumer Law Wikibook © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle."