Been frauded need advice.

ambitousblonde

McKneff wrote: »

and when you write to anyone regarding this, don't under anycircumstances sign it.
Print your name instead.

Good point. Thank you.

Hannah_10

Makes no difference. The Co-Op bank can't issue you with a CCJ either, the bank (like a DCA and like anyone else) can only take you to court. The court might then award a CCJ against you but they also might not. You have the right to defend yourself if you are taken to court and a perfectly valid legal defence is that the alleged creditor can't prove you owe it.

ambitousblonde

Hannah_10 wrote: »

Makes no difference. The Co-Op bank can't issue you with a CCJ either, the bank (like a DCA and like anyone else) can only take you to court. The court might then award a CCJ against you but they also might not. You have the right to defend yourself if you are taken to court and a perfectly valid legal defence is that the alleged creditor can't prove you owe it.

Ok i understand thank you. Any idea how i can get this cleared from my credit report? It is showing as defaulted. The company that is with are not really doing anything and i'd rather this was cleared now than before there sending me to court.

dancingfairy

Personally I a letter headed complaint to the organisation that the debt was originally with. I'd also copy in the debt collection agency. I woudl write to them and state that the debt is nothing to do with you and a fraud has taken place. Ask them to investigate. You may or may not find it useful to go to the police and see if you can get a crime reference number but I'm not sure if they will record it or not. I would see about getting a CIFAS marker on my credit files (all 3) - a password so infuture only you will be able to get credit in your name as only you will know the password. Do check all 3 credit records though from the 3 agencies as they all hold different info.
The main problem appears to be the length of time since you realised their was a fraud and reporting it so they may well question you.
I would put something in the letter like I give you x number of days to reply to this letter. If they get back to you and don't play ball I would then be a little more hard line and say. I have reported to you that this is a fraudulent transaction/loan/credit card. If you do not remove the default from my credit file I shall have no option but to report you to the information comissioner for holding inaccurate/incorrect information on me.
I might be tempted to go for the nicer approach first though. If you reported the suspected fraud to the agency collecting the debt you may well want to put something in your letter about I contacted x,yz who claim to be collecting the debt on your behalf and advised them the debt was a fraudulent transaction and I wanted to see proof of my signature to verify how fraud was committed in my name. Despite repeated attempts to get to the bottom of this matter by letters of blah date and blah date have been ignored.
That's what I'd do. The fact that you discovered this last year and haven't reported it to the original creditor is not going to go in your favour though and I fear you may have a fight on your hands
df