Fraudulent activity from 2020 has now appeared as a default on my credit file!

milkyjoeboosh

A fraudulent purchase was made using my details at PerfectHome back in October 2020 - a credit account was created at Barclays for the purchase. Four months of pain later, and the case was resolved - Barclays acknowleged fraud and closed the account and Experian cleansed my credit file.

Fast forward to May 2024. A default has suddenly appeared on my credit file for the fraudulent transaction!!! Turns out that PerfectHome went into administration back in May 2022, and clearly didn't tick all the right boxes on "my" fraudulent file/close the case properly. Perch Capital have taken on their debt and have added a default for the credit to my credit file!

A quick call to Perch Capital achieved nothing. The assistant was very nice, and tried to be helpful but, as I had nothing to prove it was removed/closed 3.5 years ago, there was nothing they could do. Thankfully I still have a few emails from back then, and the dates and company names all match up etc. The trouble is, as no account numbers are mentioned, I have no direct evidence that it's for the same transaction! But obviously I didn't have an account number as the account wasn't mine.

I don't know where to turn now! As PerfectHome is not longer operating I can't ask them for further evidence, and Barclays claim they only have records going back 3 years (and they'd have closed the account anyway).

Help! How can I resolve this and get the default removed from my credit file? How can I get the evidence Perch Capital need? Will there be a record of this fraudulent activity anywhere?

Many thanks

sourcrates

Make an official written complaint to Perch Capital, don`t ever use the phone, the onus is on them to prove the default is valid, not for you to prove it isn`t.

They have 8 weeks in which to issue you with a final response, after which, if unresolved, you can escalate the matter to the FOS, and/or the ICO.

The ICO may be a better choice as they deal with data related complaints.

milkyjoeboosh

Thank you @sourcrates!

I really appreciate your response! I've hardly slept since Friday, as this is really stressing me out - I'm looking to move home, and this default has completely messed up my pefect credit score.

So I should write a letter outlining the issue, providing the evidence I have and ask them to remove the default as it clearly wasn't my debt? (and get them to remove the linked address... again - they've re-added the false address from 2020 back on to my credit file!)

Or should I demand that they prove that the default isn't realated to the fraudulent activity from 2020? (which is clearly is - the date period, company (PerfectHome) and the false address all match).

I've not dealt with anything like this before.

Many thanks.

sourcrates

Keep it simple, and to the point, but with all guns blazing, the debt was accrued by way of fraud, this matter was resolved following an earlier complaint found in your favour, which resulted in the debt being quashed and all details removed from your credit file.

This is nothing to do with you, and you find the fact this false and fraudulent information has once again re-surfaced and been added back to your credit report absolutely ludicrous and extremely unprofessional.

With this in mind, you require removal of any and all information relating to it, from your credit file immediately.

Threaten them with FOS/ICO, and also a private prosecution for defamation of character and false reporting.

Ask them to pay compensation of £500 for the same reasons.

Send recorded delivery, use red ink to highlight.

Good luck.

milkyjoeboosh

Thank you so much! This is so unbelievably helpful!!!

eskbanker

sourcrates said:

Make an official written complaint to Perch Capital, don`t ever use the phone, the onus is on them to prove the default is valid, not for you to prove it isn`t.

They have 8 weeks in which to issue you with a final response, after which, if unresolved, you can escalate the matter to the FOS, and/or the ICO.

The ICO may be a better choice as they deal with data related complaints.

sourcrates said:

Threaten them with FOS/ICO, and also a private prosecution for defamation of character and false reporting.

Unless I'm missing something, Perch Capital aren't FCA regulated, so aren't bound by the financial services complaints process, and can't be referred to FOS?

I'd also suggest not making empty threats about defamation prosecutions!

However, I absolutely agree that pressure needs to be applied to Perch Capital, but in a focused and credible way....

sourcrates

eskbanker said:

sourcrates said:

Make an official written complaint to Perch Capital, don`t ever use the phone, the onus is on them to prove the default is valid, not for you to prove it isn`t.

They have 8 weeks in which to issue you with a final response, after which, if unresolved, you can escalate the matter to the FOS, and/or the ICO.

The ICO may be a better choice as they deal with data related complaints.

sourcrates said:

Threaten them with FOS/ICO, and also a private prosecution for defamation of character and false reporting.

Unless I'm missing something, Perch Capital aren't FCA regulated, so aren't bound by the financial services complaints process, and can't be referred to FOS?

I'd also suggest not making empty threats about defamation prosecutions!

However, I absolutely agree that pressure needs to be applied to Perch Capital, but in a focused and credible way....

Yes I initially thought that, Perch Capital are not listed on the FCA register, but ACI-UK are, as are TM Legal, both owned by Perch Capital.

Perch tend to do the buying of assets, and leave the day to day running of accounts to ACI and TM Legal.

Its likely to have been ACI that the OP has been corresponding with.

I believe that a timid approach will not get much attention, where as a more belligerent one will.

milkyjoeboosh

You're right @sourcrates - it's ACi that have contacted me directly.

Should I be contacting Perch or ACI? Perch have added the default and linked address on my credit file, but ACi are chasing the debt.

>I believe that a timid approach will not get much attention, where as a more belligerent one will.

I'm really not sure how heavily to go in now...

milkyjoeboosh

eskbanker said:

Unless I'm missing something, Perch Capital aren't FCA regulated, so aren't bound by the financial services complaints process, and can't be referred to FOS?

I'd also suggest not making empty threats about defamation prosecutions!

However, I absolutely agree that pressure needs to be applied to Perch Capital, but in a focused and credible way....

Hi @eskba@eskbanker!

Can you please elaborate on how I could apply pressure without being threatening? (I've never found myself in this position before, and I just want it resolved asap)

eskbanker

milkyjoeboosh said:

eskbanker said:

Unless I'm missing something, Perch Capital aren't FCA regulated, so aren't bound by the financial services complaints process, and can't be referred to FOS?

I'd also suggest not making empty threats about defamation prosecutions!

However, I absolutely agree that pressure needs to be applied to Perch Capital, but in a focused and credible way....

Hi @eskba@eskbanker!

Can you please elaborate on how I could apply pressure without being threatening? (I've never found myself in this position before, and I just want it resolved asap)

The subsequent clarification about how there is an FCA-regulated company involved negates one of my points, so using the mandatory complaints process, with the potential to escalate to FOS, is definitely the place to start, although the latter certainly isn't quick.

Re-reading your OP, you mention that Barclays accepted that the credit taken out with them was fraudulent, but was this one and the same as the credit arrangement with PerfectHome, i.e. did the latter definitely accept that you weren't involved?

My point about threats was more about credibility - IMHO there's no defamation of character here and no value in bluffing that you'd throw money into pursuing that line of argument, as this is usually visible as such and weakens a case rather than strengthening it.  You mention a desire to resolve this asap, so if that's for a specific need (e.g. remortgaging) where failure to resolve it could incur tangible costs then you may be able to make the case that they should be reimbursed.

milkyjoeboosh

It is the same account - I believe PerfectHome used Barclays for the finance agreement. Barclays had to confirm that the fake linked address could be removed from my credit file.

I have a signed letter from PerfectHome, from 2020, initially informing me of the fraudulent activity and I have emails from Experian, who dealt with both Barclays and PerfectHome on my behalf, confirming that both the fraudulent linked address and PerfectHome credit account had been removed from my credit file. I have no direct correspondance from Barclays as I didn't deal with them directly; only the confirmations via Experian (that does mention Barclays). Everything was removed from my credit file in early 2021.

I have forwarded all emails and the letter on to ACI, who have reviewed them.

ACI are saying, quite ridiculously, that this isn't sufficient as the debt they're now chasing could relate to a different credit agreement that I took out with PerfectHome (even though the company names, dates and fake address all match with the details Perch have added back on to my credit file, and are now chasing). They initially suggested I contact PerfectHome, asking for proof the account had been closed/was fraudulent, but they entered administration in 2022, which is why Perch now have this, so I have no way of giving ACI what they're asking for. I don't think ACI have realised that the very same fake address has been re-added by Perch, which surely proves it's the same fraudulent debt from 2020, and so maybe I call and bring this to their attention and see if they change their tune? If that fails, time to draft that letter to Perch, I guess...

Unfortunately, most of my communication with PerfectHome back then was done over the phone.

Basically, Perch Capital have a added fraudulent credit account and a fraudulent linked address, from October 2020, back onto my credit file and are chasing me for the debt (even though it was all handled at the time... or so I thought...)

I did call Barclays' fraud department on Friday, but they couldn't find details of the account (likely because it had been closed in 2021), and they said they only kept details for the past 3 years. They weren't helpful at all, and they didn't seem to know what to do with my query.

I still have the Experian case number from 2020, and I'm hoping they still have access to the case and their internal notes. I have reached out to them again.

I received a letter from the bailiff on Saturday morning, stating that I have 7 days to resolve this or they will be visiting my property!

Thank you again! I haven't slept for worrying...