ID Fraud with incorrect DoB?

moneysavingplumber

So having been debt free, except a mortgage and 2 credit cards that get paid off every month, since 2008, I was surprised to receive a letter from a well-known debt collection agency with a vague 'we've been trying to locate you but can't disclose why until you call us' message. Having completed an IVA in 2008 and being aware of every debt I ever owed, I was fairly sure this wasn't even a statute-barred debt so reactivated my old Creditexpert account to see what had occurred. As soon as I saw the 'poor' rating I knew something was up, it turned out my name had been used earlier this year to order clothing using an address we haven't lived at for 8 years, which had now been logged as a default. The interesting part was that my date of birth used had the correct month and year but was around two weeks out. Obviously I've now reported it via Action Fraud and Experian's fraud people are now apparently on the case having informed them, what concerns me is credit being issued with the obviously glaring inconsistencies regarding the date of birth and outdated address when the search was made. As this is going to cost time, money and aggro to sort out, someone must be negligent and therefore liable? I don't see the point of credit reference agencies if, without a CIFAS entry on your report, they offer virtually no protection for the punter or the vendor against this type of thing, especially as it's obviously via the said agencies that the debt collectors have located the 'real' me.

rizla_king

It's possible the CRA provided the correct info but the lender disregarded or failed to notice any inconsistency? In which case it would be the lender's error? Unless you can see what exact info was exchanged then hard to tell.

moneysavingplumber

Equifax have been no help regards the default they have logged, as the creditor simply responded to their notification of the dispute by asking I get in touch with their DCA, where they'd no doubt start attempting to get me to accept responsibility for the debt. I've yet to hear back from Experian but expect a similar response. I haven't even been able to get an online report from CallCredit and will have to request in writing.

Most the template letters around don't seem specific enough and Experian's fraud advisor recommended I ignore them.

What's the drill here, fellow moneysavers? If I don't get this removed it's going to cause serious problems when I need to get a new mortgage, and now explains why I was unexpectedly turned down for a loan in April as the record was logging late payments against my name. Has anyone know of a fraud victim successfully suing a creditor for associated costs caused by their poor processes?

tinkerbell28

I had exactly this happen. Was easy to get removed, I went through the original credit company, gave them my crime reference number and they took it all off my file.

No costs associated bar the odd phone call, so I did not sue. Cut out Equifax, go to the company and tell them.

magpiecottage

If the matter relates to consumer credit (and if it is a mail order issue, that is likely) then you can complain to the firm that arranged the credit (the mail order company) and/or the DCA under the Consumer Credit Act 2006.

If they do not give you a satisfactory response within 8 weeks, you can then complain to the Financial Ombudsman Service (free of charge).

moneysavingplumber

Thanks all, hopefully not as dire as I'd thought, then. Yes, Magpiecottage, it's a clothing mail order account.

ALIBOBSY

OH had an account set up with some correct details and slightly wrong details for DOB with H & M last year. Luckily we still have the Equifax credit alerts (got it free with our capital one card-don't think they do it on new cards, but has been handy for us). Once we had if flagged for a search we contacted H & M, who actually were pretty good and stopped the account and had everything removed within a couple of months, the fraud department there said the classic thing is to set up a catalogue or similar account and once started change the address straight away to where the fraudster is and order to the max. They had just brought in new rules where they refused changes of addresses within 6 months without a whole load of new ID.

The thing that made me laugh was during the call to H & M they said did Oh want the account to be made "really" his as it would have a available spend of £xxx. Still trying to sell even on a fraud call lol.

Ali x