Been Victim of fraud can I sue the original company?

HimandI_2

vax2002 wrote: »

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.

funny this is the first flak I've had to "bat off"

Innocent party but not a victim? Easy for you to say. Have you any idea how stressful this had been? The company are in no way innocent the finance company and the company selling the courses are the same company they paid themselves! If they were stupid enough to let a sale like this go through I have zero sympathy for them!

arcon5

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.

For this kind of fraud I think most (including myself) would opt for the more vigilante approach!

arcon5

HimandI wrote: »

funny this is the first flak I've had to "bat off"

Sorry if what was said was not to your liking - but the post speaks a lot of sense.

The credit supplier are the ones that have to swallow this loss as a result of an employees fraud.

Although I wholly accept the inconvenience this may cause you - at the end of the day you can simply supply a crime reference number to any and all agency(s) (including credit reporting agencies) and they really have no grounds to pursue you.

As for suing somebody - it is likely you would need to sue the criminal, unless of course you can show the company willing solicited in these fraudulent dealings.
What you would sue for I don't know, perhaps the cost of a few calls and a goodwill gesture.

Since you have your crime reference number and all parties have been notified - what more do you really need to do?

HimandI_2

arcon5 wrote: »

Since you have your crime reference number and all parties have been notified - what more do you really need to do?

What a nice fluffy world you must live in. Unfortunately I do not and have learnt that sitting on my !!! leaving things to other people gets nothing done. That's why one month in nothing has remotely changed. It's a debt in my name and I dont expect anyone to care more about fixing this than me so until this matter is done and resolved I am not going to just sit around hoping it will go away!

If companies and organisation did there jobs right this site would not exist!

arcon5

HimandI wrote: »

What a nice fluffy world you must live in. Unfortunately I do not and have learnt that sitting on my !!! leaving things to other people gets nothing done. That's why one month in nothing has remotely changed. It's a debt in my name and I dont expect anyone to care more about fixing this than me so until this matter is done and resolved I am not going to just sit around hoping it will go away!

Way to go in taking what I said out of context. Nobody said to sit on your !!!!! You have a crime reference number and all relevant parties have been informed. The credit supplier therefore shouldn't be reporting to credit agencies or chasing you for a debt fraudulently applied for by another person.

If companies and organisation did there jobs right this site would not exist!

It's a "money saving" website, in a world where business' seek to maximise their profit and consumers seek to save money then of course this site would exist.

CoolHotCold

Figure out what the outcome you want from this is.

Do you want to pursure the salesman to ensure he is brought up?

Or do you just want detatch yourself from the mess with no negative effects on you and your reports?


One is going to to take time and effort and cudos to you for having so much free time, the other is a simple matter.


I'll tell you how to go about the second one, only your name has been used along with some corroborating evidence. so get a written statememnt from the company who provided the loan to say "HimandI" have not taken out a loan or have any accounts in arrears.

Once you have that statement it's simple, check your Credit agencys (£6ish for paper) and check the debt doesn't appear on them, if they don't then magic, no problems if there is or any lookups for them send a copy of the letter and a crime ref number to them with a statement of identify fraud. They'll remove that and problems solved.


But really, once the main company chasing the debt realises it's not your debt they will not forward the debt onto any bailiffs and you've stopped all the problems.



If you want to Sue, see a solicitor. But really, it's not worth it.

Techhead_2

There are a couple of things in the opening post that might shed some light on this.

You use the phrase " original company " , does this mean something has happened to them and the debt is now with a successor or do you mean something else.

Also you mentioned the address used was the salesman's address? How do you know that? Is it an educated guess of do you know the salesman.

Incidentally, I agree that you need to stick to official channels and let the fraud teams do their jobs. For two reasons:

You wouldn't want to make a mistake that makes it impossible for them to prosecute this.

You don't want to transfer suspicion to yourself.

bazster

Unfortunately the police for some years now seem to have taken it upon themselves, with no reference to Parliament, to decide that fraud is no longer a crime.

Evilm

Techhead wrote: »

You use the phrase " original company " , does this mean something has happened to them and the debt is now with a successor or do you mean something else.

If this is relevant the the company have changed names and restarted as a different limited company even if the people there are the same ones then the company has no liability for the issue and will point you at the (presumed) liquidated/dissolved company for liability claims and they will most likely have no funds to pay it. You would have to go a step further to get enough to prove the Directors should be held personally responsible.

Honestly its very possible that the invoicing clerk who set up the file doesn't know the salesman's address. Unless you could prove that lots of accounts were being set up with the same address (which should raise a red flag) very close together then you may not even be able to prove that they realised this was happening.

If someone snuck through a account at work with my managers address on it I wouldn't know unless it was a company and I did a credit check for them. For a person its not even always possible to confirm the address if I don't have the Experian (or another) login and if its not my job to do the credit check even if its policy to do one.

fluffnutter

What are you hoping to achieve by suing anyone? Money?