Loan taken out in my name/identity theft

Clive_Woody

That may be where Santander have a problem, only your daughter should know her PIN, she should never tell anyone else.

[Deleted User]

Neil147 said:

Santander wont help. They won't show her any paperwork. They've refused to take my daughters plea seriously even though there was a crime ref number, and about to involve the bailiffs.

This doesn't make sense.  If they believe it's her loan, they would be obliged to provide the documents under a SAR.

If they believe she has no right to the documents under DPA because someone else made the application, they would not be holding her accountable.

Ditzy_Mitzy

MEM62 said:

I am struggling with the fact that there was sufficient time for the loan to be applied for, approved and removed from the account with the (still active) card before it was reported to Santader.  How long after the card was stolen was it before the report was made? 
If this has been reported a fraud then Santander should investigate.  If they have not taken any action then you need to raise this as a formal complaint.  You should also be aware that bailiffs cannot be instructed unless the case has already been to court and judgement made against your daughter.       

The story, as it's been presented, has more holes than a sieve.  Firstly Santander's minimum personal loan is £1,000 - twice what was allegedly lent.  Secondly the APR at almost 90% seems impossible.  Thirdly, the Santander 123 current account, i.e. Santander's basic current account has a daily cashpoint withdrawal limit of £300.  In order for £500 to be withdrawn the fraudster would need to have done it in branch. 
There is a possibility, of course, that the daughter has a Santander Select account with a daily cashpoint withdrawal limit of £1,000.  She would, however, need to be earning over £60,000 per annum or have over £75,000 in savings.  That's possible, of course, but if I was in such a position I would pay off the loan to avoid further hassle and then pursue the matter of the theft.  There's also the fact that, at 21, I was earning minimum wage working in a perfume factory.  Very few 21 year olds earn over £60,000 p.a.  
And there's your point: either the loan was applied for and approved in branch, for which there would be witnesses, paperwork and CCTV evidence or it was applied for on the internet.  If that had happened the fraudster would have needed means to access the internet account.  

elsien

That may be her difficulty then. There would be something in the terms and conditions about keeping her pin secure and not sharing it with other people.
How did they know her PIN - did she give it to them or have it written down with the card? 
Does she have any information as to how the loan was taken out. On line? Paper form with signature? 
She does need to make a formal complaint if she hasn't already done so. 

Clive_Woody

Additionally, bailiffs need a court order to enforce. Have Santander taken her to court?

elsien

Clive_Woody said:

Additionally, bailiffs need a court order to enforce. Have Santander taken her to court?

OP says that debt collectors are being considered, or words to that effect,
It sounds like she's still at the Letter before Action stage.

Neil147

Letter before action does ring a bell.

Clive_Woody

Neil147 said:

Thanks to everyone that has contributed to this thread so far.

I've asked my daughter to collate all correspondence with Santander and send it to me. But it's all at her mum's.

My daughter is currently in emergency accommodation and will gather the information needed from her mum's as soon as she can.

My daughter suspects that it's someone she knows that's taken out this loan and withdrawing from bank machine because they knew her pin.

Thanks all. 
Neil.

How long after having her cards stolen was it before she contacted Santnder?

Neil147

Update.

I've just come off the phone with my daughter.

I've got the story a little wrong.

Santander messaged her that there was suspicious activity on her account.

The person who possessed her card had taken out a loan with Satsuma Loans for £500 and was paid into her Santander account, and then withdrew it from a cash machine in Luton. No CCTV available at that random cash machine.
My daughter lives in Stevenage. She never goes to luton.

My daughter never uses her card almost anywhere. She uses her phone to pay for stuff.

A withdrawal of £200 + £100 was made in luton and could withdraw no more than £300, due to daily withdrawal limit via machine. This is when Santander messaged her regarding suspicious activity on her account.

There was an issue with another employee where she worked around that time, where they were found with their fingers in the til and was also suspected of thievery from the staff room where my daughter worked. (No CCTV in respective staff room). 

Santander won't help her in trying to get all of this sorted. They've told her that it's not their problem if her card was stolen. 

It's Satsuma Loans that are chasing her for the money. Thus why the interest rate being so high. 

Neil147

Application for Satsume Loans was made online.