Been Victim of fraud can I sue the original company?

HimandI_2

I have been a victim of fraud in an unusual way.

The person that committed the crime is a sales person who used my details to create for them a false sale for themselves.

But I am also angry at the original company for allowing such a poor sale to go through.. the only details of mine that were correct was my name and date of birth. The address was the sales persons. The bank details given were also not mine. The signature is so obviously in the same hand writing of the person that filled out the sales sheet.

It has been reported to police but 1 month in absolutely nothing has been done since i first reported it...

Perhaps direct action against the company would be more effective? It would be fair to imagine that the problem could be much greater than what's happened to me.

I wouldn't know where to start though

mynameistallulah

This is a pretty complicated area, in order to sue the company you would need to demonstrate that the sales person was acting within the course of their employment. The company are likely to argue the opposite!

What have your bank said about it, how was the payment taken (debit/ credit card/ bank transfer)?

HimandI_2

mynameistallulah wrote: »

This is a pretty complicated area, in order to sue the company you would need to demonstrate that the sales person was acting within the course of their employment. The company are likely to argue the opposite!

What have your bank said about it, how was the payment taken (debit/ credit card/ bank transfer)?

It is very complicated sadly

No actual payments have been taken from me (they did not use my bank details to set it up) but I have a debt collection company chasing me for £2500 (granted this has stopped after I gave them a crime ref umber)

Even more complicated is this happened 5 years ago. I only found out on the 31/05/2012...why because the sale was not done with my address so any letters etc would have been going to the sales persons house. I received a letter in may which alerted me to the situation.

I have since traced it back to the original company who have sent me the original paperwork which proves it is not my signature.

the money was a finance agreement to fund a home study course. I suspect the finance company and the course company are one and the same. The sale person worked for them selling the courses

mynameistallulah

In that case I would focus on ensuring the credit agreement is voided, and that it has not affected your credit file at all. Has the company acknowledged that the agreement has been forged?

I can't see what good suing the company would do - as already noted, it would be pretty difficult to prove liability, and it would not really solve the situation.

HimandI_2

mynameistallulah wrote: »

In that case I would focus on ensuring the credit agreement is voided, and that it has not affected your credit file at all. Has the company acknowledged that the agreement has been forged?

I can't see what good suing the company would do - as already noted, it would be pretty difficult to prove liability, and it would not really solve the situation.

I'm just at a lost what to do really.

The police have done nothing since I first reported it.

At first I felt as it was a police matter I should avoid further contact with the company but I am under so much stress as it is I just want it over with. I have proof of my signature from a bank card and passport. Is that enough do you think?

mynameistallulah

On the facts that you have given, it certainly points to the sales person being "guilty". But I would ask what he would have gained from it - commission perhaps, meeting his sales targets? And did anyone attend the courses that the loan paid for?

I think you need to speak to the company again, keep going up the chain until you find someone that will listen to you. I would hope they will realise what has happened and sort it out for you. If not, come back to us with their response (and keep the police informed accordingly) and we can advise from there.

From what you have described, I have a feeling you will not be the only person he has done this to.

HimandI_2

mynameistallulah wrote: »

On the facts that you have given, it certainly points to the sales person being "guilty". But I would ask what he would have gained from it - commission perhaps, meeting his sales targets? And did anyone attend the courses that the loan paid for?

I think you need to speak to the company again, keep going up the chain until you find someone that will listen to you. I would hope they will realise what has happened and sort it out for you. If not, come back to us with their response (and keep the police informed accordingly) and we can advise from there.

From what you have described, I have a feeling you will not be the only person he has done this to.

Thanks for you help!

CKhalvashi

HimandI wrote: »

I'm just at a lost what to do really.

The police have done nothing since I first reported it.

At first I felt as it was a police matter I should avoid further contact with the company but I am under so much stress as it is I just want it over with. I have proof of my signature from a bank card and passport. Is that enough do you think?

The police have done nothing since we were defrauded over 18 months ago for a 6 figure sum, even I make them aware of who it was, where they live etc etc etc.

HimandI_2

CKhalvashi wrote: »

The police have done nothing since we were defrauded over 18 months ago for a 6 figure sum, even I make them aware of who it was, where they live etc etc etc.

I spoke to someone today at the police station, I actually went down there as my calls are never returned. She told me she was a victim of fraud and it took a year to sort out. Didn't exactly fill me with hope which inspired me to post here. I also know who the person is that has done this.

immoral_angeluk

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the consumer rights board, where it should get more replies. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].

vax2002

The first thing is you must get it out of your head that you have been a victim.
You are just an innocent party, the victim is the slack company that lent the money, they have lost not you nor are you liable to pay for someone else's crime.
You are not the victim, the company that were conned are.
Make this fact 100% clear in every conversation and do not agree to represent the debt by getting too involved.
Start thinking more along these lines and less that you have been the victim and you will be able to bat off any flak.