Desperate advice needed re Identity Fraud and Payday Loan companies

drea.berry

Hi all

I desperately need some advice on behalf of my 22 year old daughter. She has recently come out of an abusive relationship and the things that are coming to light are frightening.

Her ex partner has managed to use her debit card (without permission and unsure how pin no has been found), access internet banking (despite contacting the bank and them admitting they had identified it was a male caller). In addition to this he has managed to take out 2 payday loans in her name (paid into her account and taken out in bits). He has intercepted post and used a credit card to max limit (£1.6K). This is to name a few things. Not to mention no rent paid for 5 months - the list is endless.

We have reported the fraud on the ActionFraud webiste and to both payday loan companies, credit card company and Bank. The credit card company have written the debt off and are investigating internally. The bank are also investigating. My concern is the payday loan companies who are both wanting a letter from her bank to say this was fraud. The bank will not do this and the only thing they will do is give her copies of her statements.

Where does she stand as they have given her 30 days to get a letter to them? Interestingly her ex gave his phone number and email address when taking these loans out.

Any advice will be gratefully received. No negative comments though please as she knows she has been extremely naive throughout the relationship.

Thanks in advance

andyfromotley

Hi Drea,

i have no experience in this but i would think that all you can do is lay out everything you have in writing. Send it to them making it clear that your daughter does not accept liability and will contest any action against her. Be clear, consistent and firm. You are likely to be in it for the long haul, understandably as those operating at the bottom of the market in particular will have heard countless untue allegations of fraud.

Place correction notices on her credit files and complain to the CRA's about the companies reporting these as hers.

It may be worth consulting the FOS if the matter is not resolved by the PDL's.

Its a pickle which will take some getting out of i suspect. Good luck.

poppasmurf_bewdley

Have you got a crime number? If not, you need to get one and send this to them, That should be accepted.

Candyapple

Similiar-ish thread here:
https://forums.moneysavingexpert.com/discussion/5439078

Same as the OP in the thread above, the problem your daughter will run into is that her ex knew her PIN and internet banking details, thus the bank following their investigation will probably either conclude she was complicit in the fraud and/or find her negligent of protecting her account details and refuse to refund any missing money.

Regarding the ID fraud, she should apply for a protective registration:
https://www.cifas.org.uk/pr_for_individuals

Helvetica_Van_Buren

Firstly, make sure you get the complete story from you daughter. If she applied for any of this credit bundled in with what her ex took out, and she says she didn't, it's fraud and will really weaken her case.

You should write to the lenders and explain the situation and ask them to cease pursuing the debt.

You've really got to go to the police if for no other reason than to report the debt (you should report the abuse). The lenders won't be under any real obligation to stop chasing the debt; going to the police will really strengthen your case.

If lenders ignore what you are telling them, consider writing to the FSA to report their action.

drea.berry

Yes she did get a crime number and has given this to them but to no avail. Reading between the lines they want her bank to mark it as fraud on her account so once they investigate if any monies are refunded this can be paid to then.

drea.berry

I can assure you I have got the full story and she had no idea about them.

The domestic abuse has been reported and is in police hands. Apparently you don't report the fraud directly to the police now it is on 'actionfraud' website where you obtain a reference.

drea.berry

My daughter works in a prison and does not take her personal belongings with her including her mobile phone. She doesn't have her PIN or other details written down so has no idea how he has obtained them. What I can tell you is he is good at what he does. He even contacted the bank about internet banking (the bank have on their records that a male contacted them and they called back on my daughters mobile to confirm identity. They then recorded that the caller did sound male). Again my daughters mobile is at home during the day as its that or leave it in her car.

Gaz83

drea.berry wrote: »

My daughter works in a prison and does not take her personal belongings with her including her mobile phone. She doesn't have her PIN or other details written down so has no idea how he has obtained them. What I can tell you is he is good at what he does. He even contacted the bank about internet banking (the bank have on their records that a male contacted them and they called back on my daughters mobile to confirm identity. They then recorded that the caller did sound male). Again my daughters mobile is at home during the day as its that or leave it in her car.

Unless you believe it possible that he guessed correctly a 4-digit PIN (a 1 in 8888 chance) then it is entirely possible the bank will believe she has been complicit in allowing him access to her PIN.

Helvetica_Van_Buren

Gaz83 wrote: »

Unless you believe it possible that he guessed correctly a 4-digit PIN (a 1 in 8888 chance) then it is entirely possible the bank will believe she has been complicit in allowing him access to her PIN.

Gaz has a point.

The lenders aren't likely to believe her ex guessed the PIN; she either told it him, or she allowed him to find it out - both of which will be classed as negligence.

However, a defense for her may be she provided it to him under duress, i.e, he forced her to hand it over which is believable in a case of domestic abuse.

JReacher1

drea.berry wrote: »

My daughter works in a prison and does not take her personal belongings with her including her mobile phone. She doesn't have her PIN or other details written down so has no idea how he has obtained them. What I can tell you is he is good at what he does. He even contacted the bank about internet banking (the bank have on their records that a male contacted them and they called back on my daughters mobile to confirm identity. They then recorded that the caller did sound male). Again my daughters mobile is at home during the day as its that or leave it in her car.

You can't actually take notice of what someone's gender sounds like on the phone. As long as the person answers the security questions you have to assume that you are speaking to the right person even if they sound like a different gender. Otherwise you can be accused of discrimination.