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Identity theft claim being denied

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  • Identity theft claim being denied

    In 2020 I found out I had been the victim of identity theft for a mobile phone contract, it had been going on some years but was unknown to me due to the circumstances. I reported it to the company who told me to go to the police, the police then told me to go to action fraud, the case was logged, I received a crime number and was told nothing would be done as they don't investigate identity theft. I went back to the company and gave them the crime number, they told me they had done their own investigation and it was not fraud and I was responsible.

    The person responsible for the identity theft is my mum's ex boyfriend so had access to my name and address. When he took the phone out he used his own email address, he gave them some bank details but when they went to take the first payment it bounced, they rang him up and told him the payment hadn't gone through and allowed him to pay over the phone with a debit card not in my name.

    This went on for years with all the bills being sent to his email and all payments being made through a debit card. Due to how long this went went on I have been told there is no way this can be fraud and it has to have been me who took out the phone. With the police not willing to investigate and the company not willing to drop it the only option I have left is to take them to court, the only defence I have is that it is not my email address linked to the account, I have never paid for any of the bills and a crime reference number which states it won't be investigated but it has been logged, would I be able to take this to court with the little evidence I have?
    Tags: None

  • #2
    Is there a debt?

    Comment


    • #3
      What would you want to achieve in court?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        My thinking is why not just cancel the contract whilst logging in a letter that this was fraud?

        Comment


        • #5
          There's a debt of £700, it's been put on my credit file as a default which they're still pursuing me for through debt collectors. I've made them aware the contract wasn't taken out by me and I've provided them with the crime reference number but they've told me they've done their own investigation and the account isnt fraudulent, I wanted to take them to court to challenge this and get it removed from my credit file

          Comment


          • #6
            ah OK understand now thank you

            Comment

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