Urgent help needed please

GeorgeUK

This should probably do the trick - there are a few SAR letters you can use, but as you only want to send 1 SAR to each creditor, if there is more than one account with them, this should cover it.

I'd change the first part a little though.

http://forums.moneysavingexpert.com/showthread.html?t=963087&page=2

Please supply me with a copy of all information your company hold on me including a list of accounts, copies of correspondence, agreements and details of transactions.

They have 40 days to comply with a SAR, so i would also make sure you phone them asap to notify them of the fraud. They may require a crime number before they actually do anything, but at least they can tell you if there is anything else you should be doing.

Again, i suggest you don't sign the letter and state instead that you will pick it up from a branch where you will show a copy of your ID.

Edit: It might be better to hold off on the CCA right now - thay are not required to provide you with a copy of the signed original and may just take the details off their system. With the SAR, they are required to provide a copy of the original complete with signature - which is why you don't want them to get a copy of your signature. This means you shouldn't send a cheque with your name on it either.

tallyhoh

Can I ask if you have contacted the police? If not you should do so without delay & may it clear to creditors that you have reported it.

I find it strange that you mum knew about the charging order. Did she think you had done it & not bothered to tell her?

sazzie_sue

Hi All,

MSE noobie so be nice, I couldn't help registering and replying to your post skylined as I work as a fraud officer, I have worked for a major bank and now for a mobile phone company. I'm afraid identity fraud does exist we loose millions a day due to identity fraud and account take over's.

Some of the advice you have got on here is great, the first thing is that you have got your self registered with CIFAS which is great, did you set up a password on your credit file with them this mean when you apply for future credit your application will be automatically referred with the company and they will not be able to continue until the application password is confirmed.

The next thing you would need to do is like others have said get copies of the credit agreements and have a look over them and check all the details match the usual tricks of fruadies are using your name but you mind find small details are incorrect such as D.O.B ect.... Are cabot a DCA or a lender (bit dim me) but never heard of them, if they are the DCA they will not be able to help.

You will need to find out from them who the unsecured debts are with and the amounts and with which company, the best thing to do is to report the fraud to all the companies the unsecured debt is with, i know this might seem like a long process but reputable lender will have specialist fraud department and they would need to do an internal investigation. If this is deemed to be fraud by the companies the amount claimed to be owed will be written off as bad debt and all searches and 'footprints' inc defaults can be removed from your credit file.

Also as stated in the post above do report this to the police, although they will not do much the will issue you with a crime reference number which will be needed if you report this to any lenders as fraud, please also be aware that it is not as easy as it sounds investigations can take weeks,sometimes upto 3 months with some companies but best to find out who the debts are with and start the process and the best thing is the DCA cannot do anything about it while any account is under investigation for fraud.

Best of luck hope this info helps and if you any further help pls pm me if I can't answer it I know lots of experienced people who will be able to.

SS!x

P.S - The info I have provided is only based on my time and experience within the companies I have worked for some companies may have different processes and polices. x

sazzie_sue

Hi All,

MSE noobie so be nice, I couldn't help registering and replying to your post skylined as I work as a fraud officer, I have worked for a major bank and now for a mobile phone company. I'm afraid identity fraud does exist we loose millions a day due to identity fraud and account take over's.

Some of the advice you have got on here is great, the first thing is that you have got your self registered with CIFAS which is great, did you set up a password on your credit file with them this mean when you apply for future credit your application will be automatically referred with the company and they will not be able to continue until the application password is confirmed.

The next thing you would need to do is like others have said get copies of the credit agreements and have a look over them and check all the details match the usual tricks of fruadies are using your name but you mind find small details are incorrect such as D.O.B ect.... Are cabot a DCA or a lender (bit dim me) but never heard of them, if they are the DCA they will not be able to help.

You will need to find out from them who the unsecured debts are with and the amounts and with which company, the best thing to do is to report the fraud to all the companies the unsecured debt is with, i know this might seem like a long process but reputable lender will have specialist fraud department and they would need to do an internal investigation. If this is deemed to be fraud by the companies the amount claimed to be owed will be written off as bad debt and all searches and 'footprints' inc defaults can be removed from your credit file.

Also as stated in the post above do report this to the police, although they will not do much the will issue you with a crime reference number which will be needed if you report this to any lenders as fraud, please also be aware that it is not as easy as it sounds investigations can take weeks,sometimes upto 3 months with some companies but best to find out who the debts are with and start the process and the best thing is the DCA cannot do anything about it while any account is under investigation for fraud.

Best of luck hope this info helps and if you any further help pls pm me if I can't answer it I know lots of experienced people who will be able to.

SS!x

P.S - The info I have provided is only based on my time and experience within the companies I have worked for some companies may have different processes and polices. x

skylined_gtr

Hi All you once again have been great, thanks especially to GeorgeUK who is constantly working through this with me and also a mention to Sazzie_Sue - good to know what I can and can't do and appreciate the offer of assistance!

Ok so I have prepared my SAR letters to each of the companies, being sent off today with a Postal Order to prevent a comparison/transposition of my signature, I won't be signing the letters. This is what it looks like please let me know your thoughts:

52 Adress street
Adress town
Adress city
xxx xxx

Barclaycard
Customer Relations Department
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY

29 May 2009

Dear Sir or Madam

REF: Alleged credit obtained by Mr xxxxxx of the above address - SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT

I have recently been contacted by a debt collection agency who have informed me that I have obtained credit from you. As I do not acknowledge any debt with you at any time please supply me with a copy of all information your company hold on me including a list of accounts and details of payments.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I also request a legible copy of the Consumer Credit Agreement allegedly signed by me clearly showing my signature in order to confirm that it is I who obtained this credit from you.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.

Yours sincerely


MR xxxxxxxxx

Eupho

Phew! Great place isn't this Skylined? :T:T
:wave:

I'd be lost without it

:beer::j

skylined_gtr

Yes most def!!! I feel so much more confident and optimistic with the support of all you here. I only hope I can rid myself of this issue as soon as possible!

I also contacted the police straight away, they said as I was not the victim of the crime (the financial institution is as they are the ones forced to loose the money) they cannot file a report for me. At present they view this as a civil matter would you believe?! The amount of matters that are now deemed 'civil' makes me wonder what exactly is a crime!!!

GeorgeUK

I think that letter is okay. You haven't stated on it that there may have been a fraud, but i think this is best as it should be dealt with seperately.

They may argue that they can't issue the documents as you have not signed the letter, but the DPA states that proof of identity is required - not a signature. That's why i suggested stating that you would provide proof at a branch when picking up the documents.

Obviously a signature is not proof of identity if so many places have accepted this fake.

skylined_gtr

Oh no! I completely neglected to add that on to the letter :-( Silly me I must have missed it. Hope they don't argue and just give me the information that I need! The letters and postal orders have already been sent now so I guess it's a waiting game.

Mean time - what do I do with this forthcoming charging order that I only have 14 days to deal with (Or less now)? I need to send in a defence, should I simply put the facts as they are, for example:

1. Moved out of address due to family disagreement approx 2 and a half years ago.
2. Mortgage was being paid monthly by me in full and so my accounts were not moved
3. etc etc etc

Does that sound like the right way to present this to the judge?

Thanks again.

RAS

Hi

Our CCJ and charging order specialist is 10past6. We have had several successes in court in this last week with his/her help.

It is a little difficult as normally we would use legal technicalities based onthe documents that you do not have.

So PM 10poast6.

Also go to the NDl web-site and look at the information on setting aside a CCJ. You need to fill in a form and your defence is that you are not the person owing the money.

With respect to the charging order, your defence is probably the same, plus that the CCJ was issued to the wrong person and you are taking legal action to reverse this.