Identity Fraud/Barclaycard. Please help!!!

cjohnson355

Hi All,

I'm new to this site so if I've posted in the wrong place, sorry

To cut a long story short my credit seems to be in tatters. Mercers debt collection agency keep calling, texting and even phoning me at work to discuss a debt on my Barclaycard. Barclays say they don't have a problem with my account and as it stand at the moment my balance is £0. I've been to Barclays bank as requested by Mercers and the bank manager talked to Barclays and Mercers and I thought that was the end of it. It would appear that the contact details they have are mine but for someone elses account. All sorted or so I thought. Today I received a call from Mercers. They asked my date of birth and said the date I had given was not what they have on record and would not discuss anything with me. They told me to go see Barclays again. I've had enough and told them to take me to Court if they think I owe a debt. It also seems I am unable to get any kind of credit not even a mobile phone (I need one). I think my address is blacklisted as my daughter tried today to get a new mobile. Different company/different shop and was refused. I have joined Experian but their reports show nothing about this Barclaycard issue. The only thing that shows was that I was a vitim of Identity fraud about 6 months ago with American Express. Even the bank manager couldn't understand why I'm not being offered credit.

Has anyone experienced this before? It's driving me mad :mad: and I'm not sure where to go next.

PS Forgot to ask if there is one company I can go to to do a check for me as I can't afford to sign up with everyone lol

never-in-doubt

I think this is deeper, do a SAR request to CIFAS and to N Hunter for the answers..... you'll have a fraud marker I bet. Thats an educated guess from the symptoms you supplied....

read here for full details and address to send SAR request to - http://forums.moneysavingexpert.com/showthread.html?t=1576035

SAR Template is here:

N-i-D wrote:

Dear Sirs,

SUBJECT ACCESS REQUEST (SAR) UNDER DATA PROTECTION ACT 1998

Please send me all data that your company holds relating to me, my address or person. This is to include details of every company, individual and organisation with whom you have shared data about me for the last 6 years, also including my current most up-to-date credit report (if applicable).

Where you have shared data about me with other parties, I require that you supply me with true copies of documents that show that you have done so in a lawful manner and with my written & signed consent. Where your company holds and processes data for purposes of my credit file & credit report, I require that you provide documents to show that the data held is current, accurate and relevant.

Under the terms of the Data Protection Act 1998, you are obliged to send all data that you hold on file for the past 6 years. However, if you hold data beyond 6 years, under the above act, you must supply it on demand. If you no longer hold data beyond 6 years, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

All data, including data held on microfiche or other such storage systems must be provided within a reasonable timescale, a maximum of 40 days is allowed in line with the ICO guidelines and I do expect your response within this timeframe. I enclose the statutory fee of £10.

For reference, my previous addresses spanning back the 6 years are as follows:

I look forward to your imminent response, with the data requested.



Yours faithfully,




[FONT=&quot]Sign Electronically

[/FONT]

cjohnson355

Thank you x

never-in-doubt

Kate

This is what you do: You send a cheque for £10 with this letter here:

SAR_Letter wrote:

Dear Sirs,

SUBJECT ACCESS REQUEST (SAR) UNDER DATA PROTECTION ACT 1998

Please send me all data that your company holds relating to me, my address or person. This is to include details of every company, individual and organisation with whom you have shared data about me for the last 6 years, also including my current most up-to-date credit report (if applicable).

Where you have shared data about me with other parties, I require that you supply me with true copies of documents that show that you have done so in a lawful manner and with my written & signed consent. Where your company holds and processes data for purposes of my credit file & credit report, I require that you provide documents to show that the data held is current, accurate and relevant.

Under the terms of the Data Protection Act 1998, you are obliged to send all data that you hold on file for the past 6 years. However, if you hold data beyond 6 years, under the above act, you must supply it on demand. If you no longer hold data beyond 6 years, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

All data, including data held on microfiche or other such storage systems must be provided within a reasonable timescale, a maximum of 40 days is allowed in line with the ICO guidelines and I do expect your response within this timeframe. I enclose the statutory fee of £10.

For reference, my previous addresses spanning back the 6 years are as follows:

I look forward to your imminent response, with the data requested.



Yours faithfully,




Sign Electronically

The links to get the address details are found here:

CIFAS: http://www.cifas.org.uk/default.asp?edit_id=692-59
N Hunter: http://www.nhunter.co.uk/data.html

Just remember you have to send a tenner to each company (N Hunter & CIFAS) - remember when you get the details back do not panic! Just post again and i'll tell you what to look for. Quite simply, with CIFAS you want them to write back saying no data is held. With N Hunter if you see the words 'applicant refer' or 'refer to applicant' then this is a fraud warning.

However, lets see what they send back before worrying....

Let me check, you have definitely seen your Experian and Equifax report haven't you? These are £2 each so worth getting them before doing a SAR as they would hold any details of fraud if relevant.....

cjohnson355

Thanks again. What would I do without you x

never-in-doubt

cjohnson355 wrote: »

Thanks again. What would I do without you x

Hiya

Further to a few PM's between us, when you go into Barclays tomorrow it would be a good idea to learn the following and quote it to the manager!

"I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I'd also like to point out to you that the OFT stipulate, under the Guidance, that it is unfair to pursue third parties for payment when they are not liable"

Then go on to say "If this continues, I will be left with no alternative but to report Barclays to the FSO and OFT. During the course of which I will point out your continued breaches of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997"

See how they handle that response! Ideally, if you have a printer, make a letter using the above and print a copy and hand it in to the manager! Do you have a printer? I'll do it now if you do then you can add the address and your details and print it!

cjohnson355

Thank you. Remenber all that??? I can't remember what I had for dinner lol. Yes I do have a printer xx

never-in-doubt wrote: »

Hiya

Further to a few PM's between us, when you go into Barclays tomorrow it would be a good idea to learn the following and quote it to the manager!

"I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I'd also like to point out to you that the OFT stipulate, under the Guidance, that it is unfair to pursue third parties for payment when they are not liable"

Then go on to say "If this continues, I will be left with no alternative but to report Barclays to the FSO and OFT. During the course of which I will point out your continued breaches of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997"

See how they handle that response! Ideally, if you have a printer, make a letter using the above and print a copy and hand it in to the manager! Do you have a printer? I'll do it now if you do then you can add the address and your details and print it!

never-in-doubt

cjohnson355 wrote: »

Thanks again. What would I do without you x

If Mercers (or any other DCA) do not cease ringing you then deal direct. Send the following to them:

MERCERS

CITYPOINT
ONE ROPEMAKER STREET
LONDON
EC2Y 9SS

Dear Mercers,

Harassment by telephone

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing despite continual requests that you cease, however I am still receiving calls.

I now insist all further correspondence from your company are in writing only, assuming it is related to me otherwise you should delete all details as matter of course prior to my involving the ICO.

Your continued harassment by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded and used against you should I need to take legal action. I specifically refer you to Barclays who will confirm, from a file note on their system, that I am not the person associated with this debt.

I look forward to your confirmation that my instructions have been carried out, and my details will be removed from your systems within the next 7 days prior to the ICO becoming involved for breach of data processing (unless of course you can find my signed agreement that you can use my personal data).

Yours faithfully,


Sign Digitally

It is also worth noting that if you have BT landline you can block the number from calling you. I assume the number Mercers ring from is the standard: 08701242495?

never-in-doubt

p.s. last I heard Mercers were a dormant company (a few years ago now though) - meaning they cannot legally chase you anyway - could be worth checking this out! See here for their details: http://www.ukdata.com/company-credit-reports/MERCERS-DEBT-COLLECTIONS-LIMITED.html

cjohnson355

Wow!!!! That should do it. Thank you x Mind you, I've just been reading up on Mercers online and it would appear people have major issue with them phoning but they seem to be unresponsive to any letters people have sent. Most people it would appear have had debts with Barclays where I have not. Anything is worth a try though. Fingers crossed.

cjohnson355

I read that too but it seems to make no difference to the way Mercers work and by the looks of things Barclaycard arn't interested either