Fighting with false debt accredited to me

[pantherboy]

I am fighting with false debt accreditted to me potentially through identity fraud and have run into a bit of a dead end.

 

A couple of years ago someone seems to have opened 2 accounts in my name from another address without me knowing. I only realised this when I was sent letters from debt collectors. I immediatly reported this to the police.

 

The first case of a false barclaycard account was resolved last year by me talking to barclaycard (they seemed to be fairly cooperative) and they told me it was a case of mistaken identity, apologised for the mistake and paid compensation to me after I threatened legal action.

 

Last month however barclays plc think an account defaulted is mine and are being very difficult to deal with.

 

They sold debt to Aktiv Kapital who have been constantly harrassing me for money.

 

Now after reading the forum I sent a letter to aktiv kapital telling them I do not acknowlege their debt and quoted the Consumer Credit Act 1974 giving them 14 days to supply a true copy of the signed agreement (does that apply with banks by the way?).

 

Its been over 3 weeks and I am not sure what steps to take and action to take. I really would like any advice on this issue as I would like to clear credit file and am absolutley infuriated by the behaviour of Aktiv Kapital and Barclays.

[djweeble]

Sit tight and wait for the time limits to kick in, but in the meantime check your credit record for defaults registered by either of them.

 

If they have registered a default against you, grab the bull by the horns and force them to retract and correct the registers.

[pantherboy]

Yeah unfortanatley these things are too slow to resolve, after reading the useful 'Elsinore v Aktiv Kapital' thread I think my next step is to gather all the information together while I am waiting and will then present it to my local trading standards office.

 

If all else fails and Aktiv kapital and barclays don't help I will take this to courts and have been reading up on Defamation law to see if this is a valid course of action.

[pantherboy]

I thought I’d update this thread with my current progress.

 

After initially writing to Barclays asking for proof that the account was mine and to inform them (again!!) that I fear that this account is identity fraud and that I have reported it to the police (who didn't seem interested much mind and seemed to only go through the motions of doing the paper work for the sake of it) I got back a letter from Barclays quite promptly (1 week) giving a load of printed statements with my name on it but opened from an address that was not mine, with the covering letter basically saying that this proves its your account now go away.

 

This really annoyed me, now I do have a Barclays account (opened 10 years ago) and found it quite strange that a bank would allow someone to open 2 accounts (same type as well) from 2 different addresses - surely that’s a red flag to most people that something is suspicious and yet they still don't seem to want to put the effort in to investigate!!

 

I wrote back again asking for a thorough investigation and for them to hand all relevant information to the police since the account is not mine. I also asked them to provide me with the details how and where the account was opened, querying what identification/ proof of address was used and the signature sample provided.

 

This was done nearly 2 and a half weeks ago and only yesterday I got a letter back. The letter however was identical to the fob off letter I initially got (sorry you had to complain about Barclays service, someone will look into the matter for you blah, blah ) except the date I can expect a response from them now is 29th Dec. ARRRGGHH.

 

I also didn’t think it was unreasonable for Barclays to call off the Aktiv Kapital dogs though AK have been quiet since I’ve asked for a true copy of the signed agreement (31 days and counting for a reply to that request).

 

My next step is to draft letters to the financial ombudsman to complain about Barclays and the office of fair trading to tackle the AK problem once their time runs out. I may even go to the police again to try and push them for further action but it all feels like banging my head against a brick wall at this stage.

[demon_x_slash]

Sounds like you're gaining inch by inch, though. If it comes to court, your efforts to exhaust every route will look very good for you.

[kyuudousha]

Hello Pantherboy,

 

I am currently in the process of suing AK for their gross breach of the DPA and the DPP's. I shall certainly keep you posted as to how I get on.

 

For your information though my thread is here:

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/18126-aktiv-kapital-again-9.html#post464843

 

I have directed you to the end of the thread as it was a long and painful process involving Trading Standards (who told me to "put it down to experience") the Credit Services Association (fobbed me off) the Financial Services Authority (who also fobbed me off) and the Financial Ombudsman (who, guess what, fobbed me off big time). The ICO was (and are still being) extremely helpful, though so it might be worth contacting them with regards to the CRA entries.

 

Best of luck and stick with it!

 

Kyu

[elsinore]

Any update pantherboy?

 

Elsinore

[pantherboy]

Any update pantherboy?

 

Elsinore

I am sorry it took so long to reply to this, I only remembered after starting another thread on an unrelated matter and getting prompted about this.

 

But I am glad to say that barclays after an investigation told me they are not taking this any further and satisfied I am not the owner of the account and they informed ActivKaptial and have not heard anything from them ever since.

 

Barclays told me it was not fraud but an internal error on their side, related to a current account. I probably should of pursued it further but at the time I had so many things going I was just glad it was over.

[cerberusalert]

It's a shame you didn't pursue for compensation although you do have six years to do it.

[elsinore]

Good to read that it was resolved in your favour pantherboy.

 

Els