Talk Talk refusing to accept Identity Theft evidence or remove negative credit file mark

petemay

Dear Martin Lewis and anyone reading, 
My girlfriend was the victim of Identity Theft in 2016 which was reported to the police.  She is a Senior Registrar doctor in Oncology which excellent professional and personal character references and she has never defaulted on any debt.  The fraud was not discovered until 2017 when bailiff notices started arriving for car penalty charges, car insurance, (my girlfriend did not have a car) and a few utility company bills.  Everything was reported to the police.  The suspected perpetrator of the fraud was identified as the charges related to their address and car and when challenged, he admitted the fraud in whats app messages.  This evidence was offered to the police.  He also stole money from my girlfriend (and was later suspected of stealing her jewellery).  He even threatened her to dissuade her from telling the police and she also reported this to the police, leading to a visit from police officers to check she was ok.  Everything was reported to the police and Action Fraud numbers were obtained.   All the car and utility companies ceased to pursue my girlfriend except TalkTalk. 
My girlfriend told Talk Talk she was not the account holder and asked questions about the account to help prove her innocence.  Talk Talk said that due to data protection they could not discuss any account details with her as she could not prove she was the account holder. 
Talk Talk were given the Action Fraud crime reference numbers as evidence of the Identity Theft and they said it was insufficient to pass the matter to their own fraud department. 
The same unhelpful responses were given by the CEOs office when complaints were sent to Talk Talk's CEO.  Talk Talk sold the debt (circa £240) to an US company who employed bailiffs to lodge a Court claim.  Only when the Claim was acknowledged and they were informed the Claim would be defended in Court did they withdraw the claim, on account of the evidence of fraud and they said they had closed their file.   However they said they could not help clear the poor credit history entry that was still ruining my girlfriend's credit history on Equifax, despite all genuine Equifax linked accounts being paid on time.  Equifax confirmed only Talk Talk could help. 
Talk Talk gave the same responses that they could not investigate despite no longer owning the alleged debt, unless my girlfriend could give specific proof of address from January and February 2016, (Tenancy agreement, Mortgage agreement, Deeds, Bank statement or Utility Bill) from 4 year's earlier, which was not available.  They were shown evidence of her flight to UK from Germany when she moved country at the end of January 2016.  They were informed she stayed with various friends and acquaintances in February 2016 and they were shown Airbnb receipts for March 2016.  She lived with me from April 2016.  I run a surveying practice in London and witnessed everything unfold.  I offered to meet with Talk Talk's CEO or representatives.  I even offered to pay the alleged debt after growing tired of seeing the torment it was causing my girlfriend over the 4 year period and given how much of my time it was wasting writing letters, appealing to Talk Talk, defending the Claim on her behalf etc.  Despite not owning the debt anymore, they refused my offer to pay it, if they withdrew the Equifax entry.   They said I could complain to an Ombudsmen, but the company they referred me, CISAS, said they could not deal with cases involving fraud.  CISAS referred me to another company who might help with fraud cases, however when I contacted them, they said they did not deal with cases involving utility companies!  They also said it was too historic to be able to help. 
My girlfriend is currently finishing her specialization training working in a hospital in Germany.  She was planning to move back to UK but said the TalkTalk entry on Equifax is ruining her credit rating and she is worried it will affect her ability to get a mortgage.  She is therefore questioning whether she wants to return to UK. 
I would be grateful for any advice on how to clear the incorrect bad credit entry, as I really have run out of options and I don't know how I can help her resolve this matter. I also note Talk Talk recently told Equifax that she was a customer, which is not true and that she had been in touch with their fraud department, which is not true as they refused to let her speak to their fraud department.  They also said evidence and a crime reference number was required before the entry can be removed, implying this had not been given, which is not true.  The crime reference number was provided as well as all the available evidence.  

Thanks and kind regards

Pete

onlyfoolsandparking

I actually read all that!!!!

sambaird

Look... you need to stop panicking.
One default that is 4 years old is hardly a life and death matter.

Yes, if TalkTalk have placed a default record on you girlfriends report, then they are the only ones to remove it.

Steps to take are as follows:
1. Write a formal letter of complaint to TalkTalk outlining the above - but do look at your style of writing... keep it brief, concise and to the point. Attach all evidence you have for the fraud.
Send it in your girlfriends name - as she is the account holder, they will only deal with her (whether you like it or not).

2. Let them investigate and formally respond.  They have 8 weeks to do this.

3. If you are unhappy with the final response, then escalate the issue to there ICO.

Why can’t your girlfriend provide proof where she was living 4 years ago? It’s not the longest time ever... banks keep records for longer than this.  If that’s all TalkTalk need to resolve the issue... I’d move heaven and high water to get it.

DCFC79

I cant really add anything to what's been said.
Keep the thread updated with what you decide to do and how you get on.

petemay

Hi, thanks for your comments.  I did make formal complaints to Talk Talk and provide whatever proof was available.  They only wanted proof of address, which was not available for the reasons indicated.  The Ombudsmen said they could not help with fraud cases.
I've always told my friend not to worry, pointing out she can build her credit score easily when she moves back to UK.  I'm just amazed at Talk Talk's position, especially from the CEO's office and I certainly won't ever use them as a supplier.

Fighter1986

The last thing you can do is raise a formal request under GDPR (not a complaint) to TalkTalk requesting the data be expunged from her Equifax credit file as it is false and defamatory.

Enclose the evidence that she was a victim of identity theft, and therefore not the account holder, and state that the entry on her credit file is inaccurate, misrepresentative, and therefore in breach of GDPR.

Advise you give them 28 days to remove the data after which you will escalate the case to the ICO.

Once 28 days pass, do exactly that.