Identity theft help

[ayza1234]

Hi,

I have recently turned 18 and have tried opening a bank account however I was declined.

I was told in the branch to check my credit report at Experian and Equifax.

 

I have been able to check Equifax and have discovered there are 5 defaults from different companies.

All these defaults are from quite some time ago and show the wrong date of births.

 

I have disputed these defaults with the Equifax but they have come back and said the companies have said the information is accurate and they cannot change it.

 

The companies that the defaults are from

Lowell,

Tesco,

Virgin and

Shop direct.

 

Please,

can you advise me to what to do next and how to approach the companies involved?

 

Should I communicate by Letter or Email and also is there any templates I could use?

 

I have already reported this to the police and action fraud and have a crime reference number.

 

Thanks for your help.

[dx100uk]

you cant take out credit as you were too young.

 

so someone [sorry but its usually a family member]

has taken out credit in your name with

 

Tesco [credit card?}

virgin [digital tv broadband card or mobile debt?]

shop direct [a catalogue company trading under various names ]

 

 

lowells are a debt buyer so you'll need to know who the original creditor was in this instance.

have you moved in recent years??

 

what dates were these accounts taken out on?

 

moved to the identity theft forum

 

dx

[ayza1234]

Hi,

on my credit report it says

 

Tesco mobile telecoms,

virgin mobile telecoms,

mail agent order agency from shop direct.

 

Lowell is from 19/12/2016 and the default date is 29/06/2017.

 

Second Lowell is from 14/01/2017 and default date is 18/04/2017.

 

Tesco mobile is from 09/01/2014 and default date is 17/08/2014.

 

Virgin Mobile is from 12/12/2013 and default days is 12/10/2016.

 

On the Lowell defaults it says communication supplier from Lowell so I think they may be mobile providers but I will have to find out from them.

 

As I have not moved house in recent years.

 

Thanks for your help

Edited January 26, 2019 by dx100uk
spacing

[dx100uk]

I've spaced the above to make things clearer..

 

so all bar one account [shop direct ]

 

the rest are all mobile phone contracts either sold to lowells [a debt buyer and a Debt collection agency by whomever the original provider was]

or

still with the original providers

 

 

sadly and again i'll say this..we typically findout that the person that did all this is a family member , maybe not directly related or living with you, but someone that knows enough of your personal details to be able to do it.

 

if you have only just turned 18 then most of them are unenforceable [you were 14 and 16yrs old and cant legally enter into any agreements/contracts] and whomever owns them wont go near a courtroom door, but that's not your issue, the fact that they are on your credit file and defaulted IS...its FRAUD for whomever did this to for it in every case.

 

the one clue that might help you is the shop direct account as that is a credit agreement an must be signed even if online by a tick box] and would have been done under an IP address etc etc , so send them [shop direct an sar]

 

that's should reveal things.

 

on the SAR tell them that this account is subject to a criminal investigation of fraud and give the crime ref number.

specifically ask for all the details of the sign up process

[fkofilee]

This might get a load of hate here... but address Lowell with a letter explaining the situation - The CRN.

They will be forced to close down the account... And remove all info.

[BankFodder]

I suppose that you have no idea what the values are of these alleged debts. Certainly, the rule is that any minors' contracts for money lent or to be lent are void.

 

That should protect you from any potential legal actions but unfortunately it doesn't protect your credit file.

 

Obviously you should take the advice above – to send the SAR and also the letter to Lowell. I would suggest that you also send a letter to Equifax – and to the other credit references, having first checked them to see if they also are carrying these markers against your file.

 

I suggest that you draft letter and post it here first.

[BankFodder]

Sorry, I've just realised that these are probably not loan contracts. They are probably contracts for mobile phone services. I'm afraid that they could be enforceable against minors. Anyway, take the advice above and we will do our best to help you sort it out. Don't imagine that it's going to these, I'm afraid.

[fkofilee]

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=69469

[ayza1234]

Hi I will write an SAR today and will post it here to check. I have disputed the information with the Equifax but it is still in dispute

[BankFodder]

How have you disputed the information with Equifax? If you did it by letter, please can you post the letter up here in PDF format

[ayza1234]

On the letter should I ask he companies to remove the defaults?

 

I disputed the information online using the online support centre

[fkofilee]

Yes and thats fine...

Keep us posted on what they come back with

 

Bare in mind that Mobile Contracts come with credit checks... On the DOB it should show as underage... Orrrrrrrrr

 

They have mistaken you for someone with a similar name...

[BankFodder]

Post the letter up here before you send it please. Don't send off any letter until we have checked it and given you the best advice.

 

Do you have a copy of what you set out in the online form?

[ayza1234]

26/01/2019

 

Dear Sir/Madam

 

GENERAL DATA PROTECTION REGULATIONS – SUBJECT ACCESS REQUEST

ACCOUNT REF NUMBER XXXXX3513

 

I have reported the crime to the police and the crime reference number is

I have been a victim of Identity Theft and have not took out any form of credit with your creditor, BT. I have found this out after checking my credit report with Equifax which has a default registered from you for £ 237. This account has the wrong date of birth also registered 11/09/1998. I have also received pre-legal assessment letter from you for this account. I would like this default to be removed from my credit profile.

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you.

there is no applicable fee for this data disclosure – unless you feel that my request is manifestly unfounded, excessive or repetitive – in which case you have a duty to let me know without any delay.

Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.

I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.

I also required to know whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.

Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one-month timescale has started.

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

This may also lead to legal action in the county court and a judgement will then be forwarded to the FCA.

 

hi this is the draft letter i created. Please can you let me know of any changes required thanks

[ayza1234]

Should I send this by email or letter to resolve quickly?

[dx100uk]

always by royal mail

 

however

I would not mix a complaint with the sar.

 

just send the sar as is with the additional line from the bottom of post 4 as a leader.

[BankFodder]

Yes, that's absolutely right. You cannot mix and match these letters. These people are incapable of understanding that there are two requests being made in a single letter.

 

Can you redraft both of them and post them up please. Your letter which alleges the identity theft needs a lot of work.

 

Also your threat to send a judgement to the FCA is meaningless

[ayza1234]

Ok I will change it should I ask them to remove the default in a separate letter?

[BankFodder]

Who is it you are asking to remove the default?

[ayza1234]

lowell

[ayza1234]

Virgin have replied to the Equifax dispute and agreed to remove the default. I just need to remove defaults from Lowell, Tesco mobile and shop direct.

 

- - - Updated - - -

 

26/01/2019

 

Dear Sir/Madam

 

THIS ACCOUNT IS SUBJECT TO A CRIMINAL INVESTIGATION OF FRAUD CRIME REFERENCE NUMBER

 

GENERAL DATA PROTECTION REGULATIONS – SUBJECT ACCESS REQUEST

ACCOUNT REF NUMBER XXXXX3513

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you.

there is no applicable fee for this data disclosure – unless you feel that my request is manifestly unfounded, excessive or repetitive – in which case you have a duty to let me know without any delay.

Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.

I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.

I also required to know whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.

Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one-month timescale has started.

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

This may also lead to legal action in the county court.

Yours faithfully,

ive updated this SAR letter

[BankFodder]

The letter you are doing at the moment is to Equifax – yes?

[BankFodder]

The SAR letter is fine.

[BankFodder]

By the way, when this all seems to have been sorted, I suggest that you send an SAR to each one of the companies which have lodged a default against you to check what they have on you.

 

I'm afraid to say that although you may sorted out now – it doesn't take much in the future for their computers to pick it out again and to start the whole process once more.

 

After they have remove the default you then need to make sure that they hold no data on you at all if you have had no previous dealings with them and if they do then that will be grounds for a complaint to the ICO.

 

I'm afraid that this is not an easy process.

[ayza1234]

I have reported the crime to the police and the crime reference number is

I have been a victim of Identity Theft and have not taken out any form of credit with your creditor, BT. I have found this out after checking my credit report with Equifax which has a default registered from you for £ 237. This account has the wrong date of birth also registered 11/09/1998 which means the account was taken out when I was underage and a minor. I have also received pre-legal assessment letter from you for this account. I would like this default to be removed from my credit profile.

 

I have written this so far for the identity theft letter. What else could I write? Thanks

 

The SAR letter is for Lowell. I am going to create a SAR letter for each of the companies and send it off to them. I have disputed the defaults through Equifax online and have received a reply from Virgin Mobile so far saying they are removing the default. I am also going to write an identity theft letter to each of the companies asking to remove the defaults. Should I do this?

Edited January 26, 2019 by dx100uk
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