Identity Theft & CC Issued

calamitee

Apologies, this thread has descended into speculation and spurious accusations. As I had joined these forums hoping for knowledgeable advice towards answering my question, I will be terminating my account. Therefore I cannot leave this information in the public domain.

Thanks again to all those who genuinely tried to assist.

jonesMUFCforever

Yeah right LOL

eddddy

calamitee wrote: »

...
So the question I have (if you 're still awake) is, how bad is this for them, and what precedent is there in terms of compensation?
...

Examples of compensation levels awarded by the FOS are here:

http://www.financial-ombudsman.org.uk/publications/technical_notes/distress-and-inconvenience.htm#a8

I guess the basis on which you might get some compensation is that they didn't handle your 'report of fraud' properly (but they may dispute this).

But remember that some cardholders also phone them to deny they've applied for a card, when they have really. So they will consider your initial report with an open mind.

It sounds like your main 'complaint' is against the fraudster, not the bank.

Also, you are not the victim of fraud - the bank is.

Having brought the issue to the attention of the bank, if they now fail to correct your credit report or fail to cancel the debt collectors, you may have more of a case for complaint against the bank.

calamitee

Thanks for your response edddy.

Actually my main complaints are the loss of credit rating & credit facilities cause by their negligence, together with distress caused by the resulting demands for payment and threats from bailiffs. but the full story is one of less than diligent application of lending rules, and dire staff training, guidelines & customer service.

eddddy

calamitee wrote: »

Thanks for your response edddy.

Actually my main complaints are the loss of credit rating & credit facilities cause by their negligence, together with distress caused by the resulting demands for payment and threats from bailiffs. but the full story is one of less than diligent application of lending rules, and dire staff training, guidelines & customer service.

I think you would have a very hard time proving negligence.

If pushed, they may even claim you were negligent in letting your tenants (or whoever) get sufficient information about you to make a fraudulent CC application.

For example:
- Did any bank statements, utility bills etc in your name go to the tenants address - which could be used as ID or give them info to help them make a fraudulent application?

- Did you ensure your name was removed from the electoral register at that address?

How did they get the info needed for a fraudulent application?


My guess is that the bank will pay you a small amount as a goodwill gesture.

You need to pursue the tenants (or whoever you think is the fraudster) for anything else.

Buzby

Loss of credit 'rating' ?

It's not yours for starters, and is a figment of a CRA's marketing department. If the debt isn't actually yours (domicile or not) then you have no right to any information. You deal with the problems as part of your profit margin for renting out your address.

gunsandbanjos

I'm not sure the OP is suggesting the tenants were the fraudsters? Or did I miss that in the ridiculously long post, I only skimmed it!

You have left yourself open by not changing your address with the bank so you can see it more than once a year!

calamitee

eddddy wrote: »

they may even claim you were negligent in letting your tenants (or whoever) get sufficient information about you to make a fraudulent CC application.

as I've already said, my tenants have been in the property for 5 years, they have since become personal friends, and both own a Bently - I'm not sure they profile as ideal suspects for a 100 pound fraud

As for the Electoral Roll, I only registered at that property after the fraud took place, and I have for many years, gone to great lengths to keep my identity safe. I shred all post before binning, and never opt in for promotional material, online or otherwise.

eddddy wrote: »

How did they get the info needed for a fraudulent application?

This is a matter of some interest to me! It also seems from the correspondence mentioned earlier, that there was insufficient evidence to issue the card in the first place. That does indeed open the possibility of case for negligence.

calamitee

gunsandbanjos wrote: »

You have left yourself open by not changing your address with the bank so you can see it more than once a year!

It's not my bank, it's not my card - it's nothing to do with me.

I'm beginning to get the feeling that most of the people commenting here aren't experts at all

PeacefulWaters

as I've already said, my tenants have been in the property for 5 years, they have since become personal friends, and both own a Bently - I'm not sure they profile as ideal suspects for a 100 pound fraud

What is the profile of the average fraudster?

The well to do confidence trickster is certainly one profile of fraudster I'm familiar with.

Are you able to explain how the card is at the address in question yet has been used for a withdrawal?

gunsandbanjos

calamitee wrote: »

It's not my bank, it's not my card - it's nothing to do with me.

I'm beginning to get the feeling that most of the people commenting here aren't experts at all

Who said we were experts?

Incidentally I work in fraud but don't let that get in the way of your judgement.

I'll PM you.