Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

[SaltnVinegar]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

We have now cancelled his Halifax account, and started a new one, as we don't know how many more things there might be. We have also handed in the letter mentioned by SnV regarding the old account, just in case and to stop them transferring it to the new account (which they have assured us they wouldn't do anyway). In branch the Halifax staff have been wonderful, as have the O2 staff - its just been a struggle getting acknowledgement on the phone!

Letter for Wonga hasn't been sent yet, as we wanted to deal with one thing at a time, but will go tomorrow by recorded delivery.

Good stuff. I'm glad the staff in the local branch were better than the phone drones and understood their obligations.

So good news that you've protected your sons money. You need to make sure that you don't automatically port any direct debits as part of the switching process - set them up manually.

Step 2 now - I'll assume from above that the letter has gone to Wonga. Lets wait and see what the response to that letter is. If they refuse to supply the information requested then they are going to have a hard time demanding that your son pay it back also!

Ball is in their court now and as its in writing its harder for them to wriggle - don't talk to them on the phone now - we need a paper trail in the event you need to go to the FOS and FCA (and possibly even the press).

Best
SnV

[LATE]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Just a quick update.

Wonga phoned today and are investigating though say they can't provide the original application details - something to do with data protection and case under investigation which didn't sound quite right but getting this second hand via my son and a very poor phone line! The gentleman on the phone did say he would send, via email. information on how to do a SAR (hasn't arrived so suspect he has used the email address provided in the original application). He also is sending, by post, some documents to be filled in and returned which will allow Wonga to talk to the Halifax. My son is going to try and contact him again tomorrow to find out if he has sent the email - without giving out his email address first.

We also went to the CAB and have started a process with them, next appointment booked for two weeks.

Still awaiting a call back from O2 fraud department but have had a text confirming they are investigating - in this instance it probably helps that my son does have an O2 phone account (via his dad).

Planning on writing a complaint letter to the Halifax and sending that early next week, will also contact CiFAS - all as advised by the Action Fraud people.

[TibetanMonk]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Just a quick update.

Wonga phoned today and are investigating though say they can't provide the original application details - something to do with data protection and case under investigation which didn't sound quite right but getting this second hand via my son and a very poor phone line! The gentleman on the phone did say he would send, via email. information on how to do a SAR (hasn't arrived so suspect he has used the email address provided in the original application). He also is sending, by post, some documents to be filled in and returned which will allow Wonga to talk to the Halifax. My son is going to try and contact him again tomorrow to find out if he has sent the email - without giving out his email address first.

We also went to the CAB and have started a process with them, next appointment booked for two weeks.

Still awaiting a call back from O2 fraud department but have had a text confirming they are investigating - in this instance it probably helps that my son does have an O2 phone account (via his dad).

Planning on writing a complaint letter to the Halifax and sending that early next week, will also contact CiFAS - all as advised by the Action Fraud people.

Hmm, interesting. Data protection shouldn't apply, as its your son, and he's talking to them. So aslong as he can confirm the details on the account (Which he should be able to, because they're about him) he should be fine.

Did he ask what mobile number was used? As he should be able to be told that, alternatively, you could ask them to change the email address on the account to your sons personal one, and then reset the password and you'll be able to get all information used that way.

I recommend O2 Live Chat during business hours as they're pretty good with fraud stuff. I've spoken to one of my friends who still works with O2 on what their policy is with new contracts and he reiterated the same as me.

What did CAB say to you/your son? What process?

O2 Fraud normally takes 8-10 working days to assess each claim and make a decision, although, can take longer in complex cases, such as this. Just ensure every letter you send is recorded delivery and you make a copy of the letter sent and attach the proof of postage to it. That way a paper trail is set-up should we need it.

- TibetanMonk

[LATE]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Hmm, interesting. Data protection shouldn't apply, as its your son, and he's talking to them. So aslong as he can confirm the details on the account (Which he should be able to, because they're about him) he should be fine.

Did he ask what mobile number was used? As he should be able to be told that, alternatively, you could ask them to change the email address on the account to your sons personal one, and then reset the password and you'll be able to get all information used that way.

I recommend O2 Live Chat during business hours as they're pretty good with fraud stuff. I've spoken to one of my friends who still works with O2 on what their policy is with new contracts and he reiterated the same as me.

What did CAB say to you/your son? What process?

O2 Fraud normally takes 8-10 working days to assess each claim and make a decision, although, can take longer in complex cases, such as this. Just ensure every letter you send is recorded delivery and you make a copy of the letter sent and attach the proof of postage to it. That way a paper trail is set-up should we need it.

- TibetanMonk

Thanks TB.

The mobile phone number which Wonga have is interesting as they didn't have his when he first phoned to report the issue - the only way we're managing to find out anything is with his name and our address, they do seem to be rather cagey about providing any details. I have no idea about PDLs so didn't realise you could access them on line so we'll have to see what happens after he phones them again tomorrow. Haven't sent the CCA letter yet but I'll wait to see what the stuff sent in the email is.

CAB was just a quick 10 min appointment to see what they could do, but did say we'd started in the right way with the letter. The next appointment is a longer, more in depth appointment which will help him (us) if we're getting stuck - probably concentrating on Halifax & Wonga.

Thanks about the O2 Live Chat - think my son's used them before and found them helpful. When he phoned them on Tuesday they did say they would call him in 5 days so probably early next week he should hear something. I personally think they may investigate the numbers that the 'new' phones been used to call as there were 2 showing - must admit I wondered whether one of them would be Wonga!

We will keep plodding on but I have told my son he needs to do more - typical teenage boy puts things off!

[Never-In-Doubt]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Ok my only time of saying - well done Wonga. They are bang on. The moment they took this clear fraud seriously it's no longer your sons responsibility and they are FORBIDDEN from utilising any recurring payments. That said notify hbos of the ID fraud as they may put a CIFAS code 0 - protective registration - on file to warn lenders to check before accepting any applications.

Had Wonga given a copy of the agreement then they'd think it was your son. Clearly it wasn't so they're investigating fraud and as such they've fully adhered to the DPA. Well done!!

[TibetanMonk]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Ooh, didn't think of it that way, Niddy. Assumed they still thought it was him so couldn't understand why they didn't tell him anything. My apologies

[Never-In-Doubt]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

will also contact CiFAS....

--> http://www.cifas.org.uk/pr

[Never-In-Doubt]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Regards O2 request they call one of the numbers as itemised and ask who it was that called from that number....

I'd like to think O2 investigations (used to be based at Arlington Business Centre Leeds) will do this as routine anyway; especially if an itemised number is an O2 customer

Good luck. Hope these little tips help you fight the right way - it's a horrid process and what happened to me hence AAD was born. 7 years I fought to clear my name. I did but it took a lot of patience and threats. I've been there, sadly. To the tune of £100k as well.

[Never-In-Doubt]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Ooh, didn't think of it that way, Niddy. Assumed they still thought it was him so couldn't understand why they didn't tell him anything. My apologies

folks do try it on so until something formal or serious sounding enough comes in, I guess they bluff people away from pursuing ID fraud. It is rife sadly so they have processes. At first we all probably said what we felt based on facts available at that time. However as is now evident, this goes deeper. The police will now take this seriously so also pursue a criminal complaint and mention everything including an obvious link as the twat called a mate from his stolen handset / contract.

Easy to catch. It's what I did for a living for long enough. Don't worry too much but prepare for some shitty arguments. Just don't bite; gather evidence; formally complain and then utilise the FOS if necessary. Within each complaint you MUST add the following as it's a legal requirement that each firm must adhere to:

"In line with current FCA Guidelines, in particular in relation to reporting data to credit agencies when there is a known, valid & accepted dispute, I hereby formally demand that any entries being reported to any credit agency are immediately purged pending finalisation of this formal complaint. As this complaint relates to ID fraud, and the fact CIFAS have been requested to add a protective registration marker I expect this simple request to be met, because I am not the person who applied for a credit facility nor am I the person who agreed to any contract, in relation to this account."

Good luck

[TibetanMonk]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Gah, i want to get into fraud prevention. Hate fuckers that ruin people's life because of it. It's down right wrong.

[LATE]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Thanks everyone. Niddy, that's a good point about the information - same as TB, I hadn't thought of it that way. Hopefully the paperwork Wonga are sending him for him to fill in and return to them to allow them to speak to the Halifax will help with the Protective Registration, when we get the paperwork I'm going to suggest my son takes a copy to the Halifax to let them know Wonga are taking it seriously even if they aren't!! I had problems with the Halifax for nearly 5 years after my BR so I know how problematic they can be unfortunately.

I have faith in the systems working, just sometimes I think big companies believe if they put enough obstacles in the way people give up - fought long and hard to sort everything before going BR and again after BR so seemed really unfair for this to happen just as we're starting to get back on an even keel. However, having done it once I have no hesitation to do it again, or more to the point enable my son to do it.

I know you were helping when pointing out the facts about the details pointing to my son - I would have been the same - the difference was I knew my son very well, we have an incredible relationship and have been through hell over the last 12 years - a lot of the time, there's just been me and him (though his little sister came along 8 years ago) and he's been my rock. I won't go into details here about our struggles as I could write a book on it

Thanks again,

LATE

[SaltnVinegar]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Good stuff Late - you're doing the right things in the right order which is why Wonga are now sitting up and taking notice.

Until the facts were gone through I'm afraid we had to advise on ALL possibilities, which includes looking at your son. I have dealt with 'fraudulent' PDL applications before, which, down the line turned out to be family members who didn't cough up to the fact until the evidence screamed at them and they couldn't lie any more. I even had a case where someones neighbours were using their details to take out loans in their name.........

Although it makes good news stories, genuine fraud and identity theft still is thankfully very rare but it doesn't help the victims whose lives are wrecked for a time until they get things sorted out.

Just to prepare you - Wonga will not reveal the details to you on how this occurred, so as frustrating as this is as having this information would help protect consumers, it would also expose Wongas application vetting process.
Spouting 'Data protection' is as much about protecting themselves as anyone else

I would be careful about Wonga contacting you by telephone. You must keep a record of the conversations your son is having with them in writing. So if they have spoken to your son and admitted that they do not have application details for the loan then you need to write to Wonga something along the following lines:

<start of template letter>

Loan Number: xxxxxxx (if known)

Dear Wonga

Thankyou for your phone call at hh:mm on dd:mm:yyyy with regards to a loan that you provided to someone who fraudulently used my personal information in an application process. I am pleased that you acknowledge the fact that this is clearly a case of identify fraud and your company is investigating how this has occured.

I would like to confirm the points discussed in the call, namely that you do not have application details for the fraudulent application, that you are unable to disclose any information provided in the fraudulent application due to the ongoing fraud investigation. You also advised that I would have to submit a subject access request to obtain any information your company holds on me.

If I do not receive a response to the contrary, then I will take this as your agreement that the above is an accurate reflection of the conversation that took place.

With regard to our conversation please find enclosed the application for a subject access request and statutory fee and I look forward to receiving the requested information within the next 40 days.

Please note however that, in consideration of the circumstances, I am disappointed that that you have requested I pay a fee of £10 to receive information that your company may have falsely processed as a result of a fraudulent application. My expectation is that once your investigation has concluded, and the application shown fraudulent, that I am refunded this £10 fee and your company consider a goodwill gesture for the effort and time I have had to invest to prove I have been an innocent victim.

Also note that it is my expectation that any erroneous information that has been recorded by your company to credit reference agencies be immediately removed.

I look forward to your response, and trust that this serious matter can be resolved swiftly and amicably without any need to escalate this further in the way of formal complaint, or contacting the appropriate regulatory bodies.

Regards

Lates son

<end of template letter>

[SaltnVinegar]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Hi LATE

Sorry our templates site is still under maintenance so heres a link to the ICO website and a template letter for a SAR. I would suggest making the payment using a postal order. It will cost a little more, but that way the information that would be present on a cheque cannot be used in any way.

http://ico.org.uk/for_the_public/personal_information

Best
SnV

[Never-In-Doubt]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Our templates are live??????

SAR -> http://www.all-about-debt.co.uk/inde...subject-access

you must register first - read this -> http://forums.all-about-debt.co.uk/s...-New-Templates

[SaltnVinegar]

Re: Advice please - Card stolen, used to obtain Wonga Loan and money withdrawn!

Our templates are live??????

SAR -> http://www.all-about-debt.co.uk/inde...subject-access

you must register first - read this -> http://forums.all-about-debt.co.uk/s...-New-Templates

Fab! I'd definately use the one above over the ICO version. The AAD one is a little more assertive