Credit Card Fraudulent Use - Debt Advice

bigfishbrum

Hi guys,

In April 2005 I lost my wallet at petrol station while going away for the weekend. I cancelled all cards when arrived back the next day. Reported to the card companies and to Police on their advice who issued me with a lost property reference number.

When the statements came found out around £950 on one and £1,400 had been spent to purchase goods. Completed the fraudulent transactions forms for both of the companies including the reference number given by the police and sent. After around 6 weeks it was all rejected on the grounds that I had supplied a 'lost property ref' and not a 'crime reference number'. By this time around 6-8 weeks had gone by and Police won't backdate the report.

I have been chased by these companies, debt collectors and solicitors for over 3 years. I was offered to pay 50% and they will write off the rest but I never used the card so felt I was being forced to pay for somebody else's joy. Why should I have to pay when I haven't used the card?

Result of this is I have 2 defaults which have taken my credit scoring down to 662. A poor credit rating. I'm thinking of buying a house and this is not good for me.

Can anyone advise me of my rights and how to get it cleared from my name? Could FSA Ombudsman help me? I have also heard that the credit card companies must be able to provide copy of the "Signed Credit Agreement" to be able to enforce it. They have failed to supply me with a copy despite requests on a numerous occassions.

Thank you in advance.

simongregson

You are not liable, not for a penny. Once you have informed the card company that the card is missing your liability is zero, whether you report the matter to the police or not. They are trying it on, you should make a formal complaint to the card companies, if they don't play ball then you can take the case to the FSA. I would deal with it in writing, don't phone. Keep your letter short and to the point, mark it 'COMPLAINT', and tell them you want them to:-

cancel the amount of the fraudulent transactions
Cancel any default charges and interest
remove any negative information from your credit report


and if they don't state that you will take the case to the FSA.

Cabby77

I agree. I had my card done, and I didn't even have to inform the police.. the CC company took care of all of it...

complain and don't back down.. you will get there in the end..

bigfishbrum

Thanks for your replies. I will do that today but do I write to the Debt Collectors or the original card issuers? Have written to them in the past without any luck but you're right I don't have much to lose as it already have negative impact on my credit file.

Thanks.

simongregson

Write to the original company. It is unlawful to sell on a debt that is in dispute to debt collectors.

Remember to mark your letter 'complaint', as this means that the cc company has to follow their established complaints procedure which will give you access to the FSA if the complaint is not resolved.

Remember that you can get inaccurate information removed from your credit record, make sure you make this a requirement to resolve the complaint.