Identity theft - Cabot won't go away

[tingting]

Not sure if this is the right place to ask, as I've not been threatened with being taken to court yet, but I've been a victim of identity theft and the person took out a few cards in my name. Cabot is chasing me and even though I've provided a crime reference number, they won't back down. I have proof that I was abroad when the card was taken out and also when some transactions were made in country but neither Cabot or the original creditor seem to care. I have told them this on several occasions and they've ignored me. They've both now done an "investigation" and concluded it's me. Namely, they saw the name and address match and that's enough for them. I'm fed up of being harassed by them and am tempted to just tell them to take me to court if they want to, because from reading this forum I see that showing proof that I was somewhere else when the card was used might be enough to make the court see that it's not me. Is this wise or would I be setting myself up for disaster? I'm afraid I might miss something important and end up in trouble, but I don't know what else to do apart from stop replying to them and wait for them to threaten court anyway.

[echat11]

Hi TINGTING

Fill in the following template and send / email it to them.

https://www.nationaldebtline.org/sam...-not-owe-debt/

See how you get on with that, then report back once you get a response.

[tingting]

Hi there, thanks for your response. I already did this last year using a very similar template quoting the exact text. This is what prompted them to conduct their "investigations" and they have decided it was me and that I owe the money. I have been arguing with them ever since with no result.

[tingting]

I should point out that in response to said letter they provided a credit agreement (no signature) and statements showing various transactions. That's how I know the card was taken out on a date when I was living abroad and that the card was used when I was physically out of the country. I can obviously show that I was in another country and have pointed this out to them, but they have not asked for this proof. Some of this proof is basically my passport with the stamps showing I was in another country and I'm not sure I want to send that to Cabot because they seem really dodgy.

[echat11]

Hi TINGTING

As long as you have the evidence (you didn't set up the account), proof of being abroad when transactions were carried out (how were the transactions carried out, in person or over the internet?), they aren't doing anything to resolve your complaint although you have proof (provided you've followed their complaints procedure -https://www.cabotfinancial.co.uk/complaints), lodge a complaint with the Financial Ombudsman.

[tingting]

Hi again,

The transactions appear to have been in a supermarket so I assume they were in person. I complained to their complaints department and I also complained to the ombudsman eventually, but unfortunately it looks like I made a mistake. I apparently got a reply from the ombudsman saying they can't look into it because I wrote to them over six months after the final response was received, though I am confused as I received a "final response" before Cabot contacted the original lender for their own investigation. I then got a new "final response" which I thought was the actual one so I complained then.

I say "apparently got a response" because I never heard back from the ombudsman directly and only found out about this when Cabot wrote to me and included a copy of the ombudsman's response. In the response the agent wrote they tried to contact me (I never got anything from them apart from an automatic acknowledgement to my email address).

I've contacted the ombudsman again about this and asked them to look into it again because I was never given a chance to explain myself within the time limit, as I'd never had any contact from them. I'm not holding out, though, as it looks like their response was saying I should have contacted them earlier in any case. I'm therefore assuming I will get no help from the ombudsman because of a stupid technicality, which is disappointing, but it looks like I need to find something else to help me.

[Celestine]

What month/year was account opened?
How much approx is debt?
Yes, the Ombudsman has a time limit on claims.
Who are original creditor?

[echat11]

Complain to the CSA

Make your case, don't leave them to figure it out, make it so they can understand what you are saying. Give them 'timelines'.
Don't forget to include the Crime Reference Number.

Read their Code of Practice, your complaint is based on them breaching the Code of Practise - https://www.csa-uk.com/page/codesandstandards

Then make your Complaint, can be done via email - https://www.csa-uk.com/page/complaints

FOS - deadlines, have you got an exceptional reason? - https://www.financial-ombudsman.org....ct/time-limits

[tingting]

It was opened in June 2015. Natwest. Approx £4000.

[tingting]

I suppose I might have a business error as an exceptional circumstance, which is effectively what I told them when I wrote back to them. If you think it's also worth complaining to the CSA I can try that. Do I need to quote the part of their code of practice I think Cabot is breaking?

[echat11]

I suppose I might have a business error as an exceptional circumstance, which is effectively what I told them when I wrote back to them. If you think it's also worth complaining to the CSA I can try that. Do I need to quote the part of their code of practice I think Cabot is breaking?

I would quote the Code of Practice so they can see exactly what your complaint is all about and is clear.

[tingting]

I can't see anything specific in their code of practice that talks about refusing to see evidence as part of their investigation.

a. Cease recovery activity while investigating a complaint.
b. Acknowledge receipt of a complaint and advise of the timescales for investigation.
c. Following a request, provide customers with a copy of their complaint handling procedures.
d. Handle and deal with complaints, whether verbal or written, promptly and in a clear manner.
e. Advise complainants of their right to refer their complaint to the CSA, as and where appropriate.
f. Take appropriate remedial action in instances of failing or error.
g. Undertake root cause analysis of complaints and take corresponding action to improve business practices.
h. Keep a record of all complaints received, and ensure the appropriate personnel are aware of the level, nature and root cause of complaints on a regular basis.
i. Engage with clients and customers to ensure disputes are investigated and dealt with promptly.
j. Cease collections activity while investigating a valid dispute.
k. Provide a response detailing the members’ conclusion to the dispute, where relevant, depending on whether the member or their client carries out the investigation.
l. Provide sufficient information to justify the stated conclusion.

F, G and I are the closest I can find, but the language is pretty vague.

[echat11]

I can't see anything specific in their code of practice that talks about refusing to see evidence as part of their investigation.

a. Cease recovery activity while investigating a complaint.
b. Acknowledge receipt of a complaint and advise of the timescales for investigation.
c. Following a request, provide customers with a copy of their complaint handling procedures.
d. Handle and deal with complaints, whether verbal or written, promptly and in a clear manner.
e. Advise complainants of their right to refer their complaint to the CSA, as and where appropriate.
f. Take appropriate remedial action in instances of failing or error.
g. Undertake root cause analysis of complaints and take corresponding action to improve business practices.
h. Keep a record of all complaints received, and ensure the appropriate personnel are aware of the level, nature and root cause of complaints on a regular basis.
i. Engage with clients and customers to ensure disputes are investigated and dealt with promptly.
j. Cease collections activity while investigating a valid dispute.
k. Provide a response detailing the members’ conclusion to the dispute, where relevant, depending on whether the member or their client carries out the investigation.
l. Provide sufficient information to justify the stated conclusion.

F, G and I are the closest I can find, but the language is pretty vague.

'Common Principles

2. 'T' page 11

When an account is reasonably disputed or a complaint is received, suspend collection activity and investigate, and where applicable, refer the matter to their client.'

[tingting]

Thank you. They did contact NatWest, though. Their "investigation" was just as useless. No one asked for my evidence there either.

[echat11]

Thank you. They did contact NatWest, though. Their "investigation" was just as useless. No one asked for my evidence there either.

As you've stated 'they aren't interested in the proof you have and haven't requested it', if they made a genuine attempt to investigate the matter, they would be saying, 'show us the proof' instead of ignoring it.