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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been the victim of identity fraud. I was pursued for

Customer Question

I have been the victim of identity fraud. I was pursued for a debt that was not mine,and a default notice was posted on my credit record. It has gone to the ombudsman. The catalogue company and the debt collectors they used, have both acknowledged my innocence.
However the compensation that the ombudsman could secure was minimal. ie it was just for how the catalogue company treated my complaint.
The ombudsman said that they cannot do anything about the fact that there was a libellous default notice on my credit record for maybe up to a year,or force the company in question to improve their customer verification procedures.
By fortunate happenstance I was able to prove my innocence by giving over confidential information. Also as I had not made any application for a loan/new credit card etc. So I did not suffer financial penalty per se.Yet I feel they should not be allowed to get away with putting defamatory and untrue entries on my credit record. Due to their apparent perfunctory and slapdash customer verification procedures
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve please?

Alex Watts :

Has the default notice now been removed?

JACUSTOMER-rcdu3szb- :

Hello

JACUSTOMER-rcdu3szb- :

The default notice has just been removed. However this notice was on my credit record unbeknown to me for up to a year,. The fraudster had opened an account in my name in March 2013,but I had no idea of what was happening until I received a debt collection demand in July 2014.

JACUSTOMER-rcdu3szb- :

I take exception at having to prove my innocence rather than the catalogue company prove my guilt. I would like to see some sort of significant sanction against them for posting this libellous entry on my credit record,and forcing them to improve them customer their I D verification procedures.

JACUSTOMER-rcdu3szb- :

I am aware that I did not suffer any finncial damage as I had not made any application for a loan or credit card..which probably would have been refused.

Alex Watts :

What loss if any have you suffered?

JACUSTOMER-rcdu3szb- :

Nothing financial,but I had to hand over highly confidential information to prove my home address and the length of time I lived there.

Alex Watts :

Sure. You can only take this to Court though really if you show a loss

Alex Watts :

Section 13 states:

Alex Watts :

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-rcdu3szb- :

I thought so,but it does gall me that they can get away with this. I am also not happy with Experian for accepting this catalogue companies vesion on the default without question. I had had a spotless credit record for decades and Experian did not show any "gatekeeping" function ie going back to them and asking "are you sure yu have got the right person"

Alex Watts :

Indeed. But you can take action but it would only be a modest claim.

Alex Watts :

In reality £500 at most.

JACUSTOMER-rcdu3szb- :

Thank you for your opinion

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-rcdu3szb- :

Nothing else,,thank you

Alex Watts :

Great. If I could ask you to rate my service before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello

When I write to them ,seeking damages for being forced to hand over confidential information to the catalogue company,do I have to give an amount ? ie £500 you suggest as the maximum I could claim

Expert:  Ash replied 2 years ago.
No, you dont need an amount.
But in reality it wont be more than £500 - £1000
Alex