Victim of ID fraud but being brought to court by Santandar Cards ***Claim Discontinued***

[Beijing3773]

Hello Everybody,

 

Here is my story and I hope and beg anyone to give me suggestion:

 

I m working abroad on contract jobs and renting out my flat. In Aug 2012, I received an email from Managing Agent of my flat saying that the residents on the same building block fall victim to a gang of ID thieves and asked permission to install the letter box at the flat individual door (the letterboxes used to be at communal area). About six months later I was back to my UK flat and greeted by the threatening letters from Santander Cards Ltd, asking for £6600.

 

So I contacted them and reported that I was a victim. I checked my Equifax credit report and found that Santander had already flagged that I was a victim under CIFAS victim alert section. I thought it ended and went back abroad to work.

 

In May 2013, I received a claim form from the Court. So I put in my defence online (since I am not in UK). I also provide the court the following evidence:

 

1. My passport visa entry stamps to show that I was not in the UK at the time the ID thief applied for Santander (Debenhams store card).

2. The letter from the Managing Agent of my flat regarding other residents were victims at the same time of the year

3. My credit report showing that I always have an excellent history and that Santander had flagged under CIFAS that I was a victim (why are they still chasing me then)

 

I thought after providing these evidence, Howard Cohen (Santander's solicitor) will back off. But today I received a N180 form from the court asking me whether I want a court hearing or mediation. I am going to be in Thailand and I cannot do either of that. I am a victim and I feel really helpless. What should I do next???

Edited July 22, 2013 by Beijing3773

[AndyOrch]

Ring and write (retain paper trail) Mr Cohen and tell him to withdraw the claim or you will make application to strike out the statement of claim and request costs.Inform him of " Santander had already flagged that I was a victim under CIFAS victim alert section."

 

Regards

 

Andy

[Beijing3773]

Ring and write (retain paper trail) Mr Cohen and tell him to withdraw the claim or you will make application to strike out the statement of claim and request costs.Inform him of " Santander had already flagged that I was a victim under CIFAS victim alert section."

 

Thank u so much Andy for giving me suggestion. May I ask which form number should I use, if the situation force me into making application to strike out the claim? In the meantime, what should I do with the N180 form I received yesterday? The deadline to return the form the Court is 4th August.

 

Should I accept that mediation is required? or should I just not return the form anymore?

[AndyOrch]

You must complete the N180 in the meantime and submit on time...I will assist you with the wording.With regards to making application there is a fee and you would use N244,,,but as suggested ring him first and state your intentions...you want them to withdraw preferably of their own accord.

If they fail to entertain your suggestion then we can proceed with the application.

 

Regards

 

Andy

[Beijing3773]

Thanks so much Andy, I will complete N180 now. Here is what I am going to fill out, are they alright?:

 

A1 Do you agree to this case being referred to the Small Claims Mediation Service? Yes (If I say No, I will be called to a hearing?, which will cost me air ticket price £1000+ , which I simply cannot afford)

B Your contact details: Thai Address, Thai mobile and Email (Time difference +6 hours)

C1 Do you agree that the small claims track is the appropriate track for this case: Yes

D1 At which county court would you prefer the small claims hearing to take place and why? I was a victim of fraud and wrongly accused. I will not be able to attend the hearing as I will be abroad from Sep 2013 to Dec 2014, the airfare to attend the hearing cost at least £1000 and I cannot get leave from work as I work as a contractor (or should I just answer the court in London?)

D2 Are you asking for the court's permission to use the written evidence of an expert? No

D3 How many witnesses, including yourself, will give evidence on your behalf at the hearing? 1

E1 Have you included a fee with this form? No

In the next six weeks are there any dates when you would not be available for a mediation appointment? Please only call me after UK time 3pm.

[AndyOrch]

I think I would be inclined to state no at A and insert the reason from D1 and also state that you intend or have requested the claimant to withdraw their claim as it is spurious and unfounded.

[Beijing3773]

I think I would be inclined to state no at A and insert the reason from D1 and also state that you intend or have requested the claimant to withdraw their claim as it is spurious and unfounded.

 

Thanks very much Andy, I changed my answers as follows:

 

A1 Do you agree to this case being referred to the small claims Mediation Service? No

 

B Your contact details: Thai Address, Thai mobile and Email (Time difference +6 hours)

 

C1 Do you agree that the small claims track is the appropriate track for this case: No

If No, say why not and state the track to which it should be allocated: I was a victim of fraud and wrongly accused. Complete set of evidence to support my innocence were already sent online together with the defence form. I have requested the claimant to withdraw their claim as it is spurious and unfounded.

 

D1 At which county court would you prefer the small claims hearing to take place and why?I will not be able to attend the hearing as I will be abroad from Sep 2013 to Dec 2014, the airfare to attend the hearing cost at least £1000 and I cannot get leave from work as I work as a contractor.

 

D2 Are you asking for the court's permission to use the written evidence of an expert? N/A

 

D3 How many witnesses, including yourself, will give evidence on your behalf at the hearing? N/A

 

E1 Have you included a fee with this form? No

[AndyOrch]

Yes ...excellent..... now subject to the response from Cohen you can also include your application to strike out the claim within the DQ...so dont submit too sharp.

 

Andy

[Beijing3773]

Hi Andy

 

I am really glad to let you know that I contacted Howard Cohen as per your advice and they sent me Notice of Discontinuance today. Thank you so much indeed. You are a life saver!

 

Wishing you the best..

[AndyOrch]

Excellent news Beijing...another Cohen claim bites the dust.

 

I will amend your thread title to reflect the result.

 

Well done.

 

Regards

 

Andy

[JimmyTheOne]

I'd advise anyone who thinks this might happen to them, or who is worried about Identity Theft to consider Free ID Protection.

 

Read the Media Links and the Pros & Cons, then compare it to CIFAS Protective Registration and decide which is for you.