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Identity theft - what rights do I have to orders made in my name

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  • OK, thanks for the abuse. This is the last time I'll use this forum, but I am struggling to understand why my address and my date of birth don't belong to me, and I was actually trying to find out what went on and who the perpetrator was and that was my question, whether I had any right to that - but clearly not. I didn't anticipate such accusatory responses. I am not in dispute with the retailer. My issue is about how to catch and stop people using information that before coming on here I thought was mine. I was not expecting the retailer to just give me information over the phone, but give a process by which I could get that information, documents to provide, etc. It just felt to me like someone was saying "we've seen someone trying to break into your house" but when I ask what they look like I'm told that's none of your business (and now on here I find out it's apparently not my house anyway). OK, I was letting off steam a little, but that's what I mean by the way this country is these days - there doesn't seem to be a great desire to catch the criminals for what's perceived to be minor offences or trying it on.
  • user1977
    user1977 Posts: 17,770 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper

    It just felt to me like someone was saying "we've seen someone trying to break into your house" but when I ask what they look like I'm told that's none of your business (and now on here I find out it's apparently not my house anyway). .
    But even if it was your house being burgled, you wouldn't have a right to be handed the intelligence which the police had received from third parties about the possible perpetrator.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,662 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK, thanks for the abuse. This is the last time I'll use this forum, but I am struggling to understand why my address and my date of birth don't belong to me, and I was actually trying to find out what went on and who the perpetrator was and that was my question, whether I had any right to that - but clearly not. I didn't anticipate such accusatory responses. I am not in dispute with the retailer. My issue is about how to catch and stop people using information that before coming on here I thought was mine. I was not expecting the retailer to just give me information over the phone, but give a process by which I could get that information, documents to provide, etc. It just felt to me like someone was saying "we've seen someone trying to break into your house" but when I ask what they look like I'm told that's none of your business (and now on here I find out it's apparently not my house anyway). OK, I was letting off steam a little, but that's what I mean by the way this country is these days - there doesn't seem to be a great desire to catch the criminals for what's perceived to be minor offences or trying it on.
    You may own the house that you live in, but you don't own the address, and it's very difficult to stop someone using an address they don't live at.  With online retailers nowadays, you've only got to put a legitimate postcode in and it gives you every single address in that postcode zone.

    Similarly, you have a birth date, but you don't own that date.  Sadly, with prolific use of social media, it's quite easy to find out someone's birthday.  Think of how many people will put photos of their "37th birthday cake" on social media, for example?  I now know their name and their birthday, along with a load of other stuff they've divulged on their account.  Pet's name, kids' names, etc. are all commonly used in passwords.

    In summary, if someone is determined to order something on a cloned or stolen card or gift vouchers for example, and they want somewhere "anonymous"  where it can be delivered to and collected later (e.g. "Hello, I wonder if you've had a parcel delivered to me by mistake?"), it's relatively easy to do that with minimal information.  That's not a crime committed against you, your address or your birthday, it's the retailer they're defrauding.  Just because it's your address that's being used doesn't give you the right to know all the details.  All you can do is ensure that where it's possible that leakage of your own personal details may have contributed to the problem, that you shut that down as quickly as possible.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 July at 8:04PM
    OK, thanks for the abuse. This is the last time I'll use this forum, but I am struggling to understand why my address and my date of birth don't belong to me, and I was actually trying to find out what went on and who the perpetrator was and that was my question, whether I had any right to that - but clearly not. I didn't anticipate such accusatory responses. I am not in dispute with the retailer. My issue is about how to catch and stop people using information that before coming on here I thought was mine. I was not expecting the retailer to just give me information over the phone, but give a process by which I could get that information, documents to provide, etc. It just felt to me like someone was saying "we've seen someone trying to break into your house" but when I ask what they look like I'm told that's none of your business (and now on here I find out it's apparently not my house anyway). OK, I was letting off steam a little, but that's what I mean by the way this country is these days - there doesn't seem to be a great desire to catch the criminals for what's perceived to be minor offences or trying it on.
     Please show me what abuse you have suffered ?
    If you feel you  recived abuse then report it OR is it simply a case that you didnt like what was posted.
  • sonearandyetsofa
    sonearandyetsofa Posts: 50 Forumite
    10 Posts Name Dropper First Anniversary
    Who even knows whose information that address would be? It could be an empty property the fraudsters have access to, or the address belonging to a credit card  that they've stolen.
    At the moment, all you know is that the fraudsters used your name and address to set up the account - they must have done in order for you to receive the letter. Presumably also your DOB as that was used by JD Williams as the security check.

    Have you contacted your bank to make sure that nobody has attempted to use your card details for fraud? Have you contacted the police? Because they are the people who would be able to get this information out of JD Williams, and they are the people whose job it is to use that info investigate the crime/attempted fraud. It's nobody's responsibility to provide you with the information you want or need to run your own investigation. If you think you have a right to the info, submit a Subject Access Request. But they may need to verify that it is actually you're information that they're giving you - you don't have an automatic right to anybody else's info, including what fraudsters have tried to buy or what other addresses they've been using.

    How would you feel if you received a letter or call from someone telling you that a fraudster had stolen money from them using your address, and that J.D. Williams had given them your details? I doubt you'd be happy. 

  • born_again
    born_again Posts: 20,350 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Who even knows whose information that address would be? It could be an empty property the fraudsters have access to, or the address belonging to a credit card  that they've stolen.
    At the moment, all you know is that the fraudsters used your name and address to set up the account - they must have done in order for you to receive the letter. Presumably also your DOB as that was used by JD Williams as the security check.

    Have you contacted your bank to make sure that nobody has attempted to use your card details for fraud? Have you contacted the police? Because they are the people who would be able to get this information out of JD Williams, and they are the people whose job it is to use that info investigate the crime/attempted fraud. It's nobody's responsibility to provide you with the information you want or need to run your own investigation. If you think you have a right to the info, submit a Subject Access Request. But they may need to verify that it is actually you're information that they're giving you - you don't have an automatic right to anybody else's info, including what fraudsters have tried to buy or what other addresses they've been using.

    How would you feel if you received a letter or call from someone telling you that a fraudster had stolen money from them using your address, and that J.D. Williams had given them your details? I doubt you'd be happy. 

    All police will do is say contact Action Fraud & that is where it will stop. Police do not have time for cases like this. As retailer will deal with it themselves.

    DOB, is easy. Any social media is full of posts with peoples birthdays & many give away their address as well.
    Life in the slow lane
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