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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7050
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have been the victim of identity theft, and multiple mail

Customer Question

I have been the victim of identity theft, and multiple mail order accounts were set up in my name to my previous address by the current occupants (>£1.5k in debts). These are in the process of being cleared from my name and credit record. More recently, the occupants have made the leap to my personal banking details and tried to make online purchases with my debit card number. The card has now been cancelled and I'm awaiting a new one.
I believe they were able to do this because my employer sent my DSB certificate to my old address. Whilst I was at my previous address (1 year) I was constantly chasing my employer for the progress of my DBS application. Before I moved, I informed them of my upcoming address change, and we had to make a new application since the first one was never actually sent off. When I provided my new address details to my employer, they took them down, but ultimately used the 1 year old address information for my application, which they submitted after I had already moved.
Before my change in address, I gave updated details to all the relevant companies/contacts. I do not know how the occupants have been able to make the leap to my personal bank account information, but it is concerning and I do not know when it will stop.
Due to the stress, trouble, and financial impact from trying resolve this situation, please can you advise if is it possible to take the fraudsters and/or my employer to court?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
Hi Nicola,I'm ok with waiting for someone to assist with my question.Many thanks,
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Michael Holly replied 1 year ago.

Hi I apologise for the delay, getting a reply depends on the right expert in the right area of law being available at that time.

There are 2 aspects to your question

Your employer has been negligent in that the DBS form was sent to the incorrect address despite being told the right one. Your claim against your employer would be in contract, breach of your employment contract and tort, breach of the duty of care your employer owes to you. This is a civil law claim and you would have to show that "on the balance of probabilities" the misdirection of the DBS led to the financial loss and personal injury suffered. Showing this will be difficult as there are so many ways fraudsters can get our details these days. You may have to instruct an expert in fraud to show how and the costs of an experts report would exceed the value of your claim. As such I would not pursue this on the basis it is a claim that is too speculative.

If the police can trace the fraudsters they will start criminal proceedings,If the fraudsters are convicted the court can make a compensation order in your favour. So fingers crossed that they catch them.

Best regards