Credit Card Fraud

Matafleur

Jasonh2015 said:

Not sure if someone has suggested it, but do a Subject Access Request. My dad had a similar problem with NewDay. he'd never use them, he's really old and they claimed he had spent £10,000 in 3 months. 

I work in financial services, explained I knew how the system works. logged the complaint, the subject access request, and all of a sudden they decided it was fraud, and my dad wasn't at fault. Still logged it with the FOS due their incompetence, so they'll get a £750 charge for not sending a final response letter. 

if you didn't spend the money, do not pay them. if they wont supply the information a court will make them.

If I do a SAR am I not admitting that it could have been me that did it it? Or does it just give me access to anything with my name against it? 

I will go to the Ombudsman if they still insist it's not fraud.

grumbler

Matafleur said:

Placitasgirl said:

Have the banks where the cashpoint withdrawals took place been asked to review the cameras fitted at the ATM's? 

I worked for one of the biggest UK banks and shared an office with their Cashpoint Concerns team. It was staggering how many of the cases it was investigating involved people that were known to the complainant, and how many of those had been given the PIN to the card at some point. Sadly it meant the team having to ask the named holder of the card if they knew the person they were watching use their card and PIN in the photographs/footage and having to admit they did and had on some occasions shared the PIN with them. 

Sadly I think that's a far more likely scenario in this case than people hanging around waiting for the postman and having some route to finding out the OP's bank details. 

Part of me feels it would be better done through court where all my credit history, financial status, career etc would indicate I have no reason to take out additional credit and risk everything by trying not to pay it. But that will be expensive and stressful too of course.

Not expensive really, I think, but you have to pay the debt first, making clear that you do this 'under protest'. Then go via Small Claims Court (online).
Not sure that you are more likely to win than if complaining to FOS.

born_again

Matafleur said:

Jasonh2015 said:

Not sure if someone has suggested it, but do a Subject Access Request. My dad had a similar problem with NewDay. he'd never use them, he's really old and they claimed he had spent £10,000 in 3 months. 

I work in financial services, explained I knew how the system works. logged the complaint, the subject access request, and all of a sudden they decided it was fraud, and my dad wasn't at fault. Still logged it with the FOS due their incompetence, so they'll get a £750 charge for not sending a final response letter. 

if you didn't spend the money, do not pay them. if they wont supply the information a court will make them.

If I do a SAR am I not admitting that it could have been me that did it it? Or does it just give me access to anything with my name against it? 

I will go to the Ombudsman if they still insist it's not fraud.

No.
As they are already saying it is your account.

To go to FOS, you have to raise a compliant with them, & either get a deadlock letter or wait 8 weeks.

Have you checked your credit file's with the CRA's, not just one. To see if there is anything else showing you have not applied for?

th081

Matafleur said:

Placitasgirl said:

Have the banks where the cashpoint withdrawals took place been asked to review the cameras fitted at the ATM's? 

I worked for one of the biggest UK banks and shared an office with their Cashpoint Concerns team. It was staggering how many of the cases it was investigating involved people that were known to the complainant, and how many of those had been given the PIN to the card at some point. Sadly it meant the team having to ask the named holder of the card if they knew the person they were watching use their card and PIN in the photographs/footage and having to admit they did and had on some occasions shared the PIN with them. 

Sadly I think that's a far more likely scenario in this case than people hanging around waiting for the postman and having some route to finding out the OP's bank details. 

Quite possibly, except I've never had either the card or the pin to give to anyone because I didn't apply for it.

I've found one person in my cul de sac with a camera but it only covers his drive, not the road.

I did call 101 to report it but spent 90 mins on hold before giving up. Everything online said it needed to go through Action Fraud. 

I can't force the cc company to investigate cctv etc and I'm not sure where the balance is between saying not my card, not my problem, and pushing for more info so that I might be able to find out what happened.

Part of me feels it would be better done through court where all my credit history, financial status, career etc would indicate I have no reason to take out additional credit and risk everything by trying not to pay it. But that will be expensive and stressful too of course.

I think this is not your problem but you need to report to the police and then the credit card company will take serious.

You should not investigate as you are not a detective. In my mind Action Fraud is if the scam has been perpetrated on you, whereas the scam is on the credit card company. 

Unfortunately they might well write off and the person who did this gets away with it.

eskbanker

th081 said:
You should not investigate as you are not a detective. In my mind Action Fraud is if the scam has been perpetrated on you, whereas the scam is on the credit card company. 

As things stand, the scam has been perpetrated on OP rather than the card company, as the latter refuse to accept that it wasn't OP.

However, either way round, Action Fraud don't investigate anything, as their role is simply to collate reports for forwarding to other agencies, but none of these are going to be interested in an isolated case like this, as they're only resourced to go after substantial industrial scale frauds:

When you report to us you will receive a police crime reference number. Reports taken are passed to the National Fraud Intelligence Bureau. Action Fraud does not investigate the cases and cannot advise you on the progress of a case.

https://www.actionfraud.police.uk/what-is-action-fraud

Matafleur

Hi all,

Thanks for all your comments on this. I thought I'd give a short and boring update!

Capital One have emailed me today confirming impersonation of my details and are removing all record of the card and application from my credit report. I will have a Cifas fraud marker applied but I can't see that will be more inconvenient than the protective registration that I've also paid for. Worth the annoyance if this never happens again.

I am frustrated that I'll never know how this happened but I am so, so relieved that they have recognised that it was fraudulent.

Thanks for all of your suggestions.

born_again

Glad you got it sorted.

eskbanker

Matafleur said:

I will have a Cifas fraud marker applied but I can't see that will be more inconvenient than the protective registration that I've also paid for. Worth the annoyance if this never happens again.

Just to be clear, it should specifically be a 'victim of impersonation' marker applied by CIFAS, rather than a fraud one as such, which would typically imply being the perpetrator of fraud....

cymruchris

Yes - as above make sure it's the right CIFAS marker - but well done on seeing it through and coming back to update us. No doubt you'll continue to be vigilant by keeping a regular watch on your credit files.

Matafleur

eskbanker said:

Matafleur said:

I will have a Cifas fraud marker applied but I can't see that will be more inconvenient than the protective registration that I've also paid for. Worth the annoyance if this never happens again.

Just to be clear, it should specifically be a 'victim of impersonation' marker applied by CIFAS, rather than a fraud one as such, which would typically imply being the perpetrator of fraud....

Sorry, lazy description! This is what they said which I think is good:

There is a marker against your address, indicating to other organisations that you have been a victim of impersonation and another person has used your name and personal identification details