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Help me with identity theft

14 posts in this topic

Posted

Hello, I would appreciate any advice on the topic. Today I received a letter from incasso company, that I need to pay them a substantial amount of money. The debt is to another company for internet and telephone. I do not have a contract with this company, so I went to their office to check out thinking this is a simple mistake. It turns out that someone had made a contract with them early April and had not paid. The contract is made by phone but my name and CORRECT date of birth is given. The address is completely different --an address I have never lived on. The contract had been cancelled by the company due to lack of payment. Then they had sold the debt to an incasso company, which had found me. Does someone have experience with such situations?

To add, I went to the police,but they told me that they cannot help me today because there are not enough people and I should come on Monday.

Thank you very much in advance.

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Posted

No it is not possible, my last and first name are very rare in Germany. In my small town, with the same date of birth. should I find a lawyer? I have never had one.

Thank you very much.

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Posted

It is sufficient to contest, in written form , (Einschreiben) the existence of a contract between you and that phone company.

The phone company would have to provide evidence at court that such a contract has been made via phone with you. Which is simply impossible for them.

Missing to confirm contracts via phone in written form by asking for a signature and some ort of ID (which would have avoided the trouble now) is poor business practice and never finds mercy at court.

Someone getting hold of your personal datas like birthday and full name - easy peasy and certainly not enough to serve as any sort of proof that you had been in contact with the company in question.

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Posted

Thanks! Should I write to the company requesting the money or to the company with which the contract was made originally? The money is requested by me from the incasso company risk BFS and the company with which the contract was made is kabel BW.

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Posted

Send it to the Inkasso company and send a simple copy to the provider, Kabel BW.

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Posted

One last thing: Is the information of "me" not paying these money on time going to be stored somewhere? Will it be harmful for me in the future?

Thanks again very much for your help

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Posted

Also from Kabel BW did not give me the information in a written form -- they just told me such and such a contract has been made, but all I have is the Inkasso company form, without any information about the address or the service or the contract that has been signed, so how will I show the police that such a contract has been made at all? Is there any way to obtain an official information about the contract from Kabel BW?

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Posted

It's not up to you to prove anything, it's up to Kabel BW to prove you made a contract with them, which (I presume) you clearly did not. Write to the incasso company and Kabel BW disputing their claim and asking for their evidence. I can't imagine you need a lawyer at the moment, but you do need to be sure this is cleared up as it could also have a negative effect on your credit rating (Schufa) - you should check this immediately (it's free) to see if there were any checks related to the initial contract or subsequent alleged debts.

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Posted

Hi, what do you mean by "any checks" and how can I check this?

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Posted

Hi, thanks.

Should I go first to the police and then write to the companies in question? Could you please explain what do you mean by " check immediately if there were any checks related to the initial contract or subsequent alleged debts".

Can I file a complaint somewhere about this practice --making contracts by phone? When I talked to the person from kabel BW he was very arrogant and said this is a normal practice and I was in total dismay. I blame this company, because they allowed such a thing to happen, that has negative impact on me and my time and I think such practices should be disallowed, because they put many people in danger.

This is negligence, and I feel they really dont care about discontinuing this practice, the guy shrugged and said "it is completely normal to make such contracts by phone".

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Posted

This is negligence, and I feel they really dont care about discontinuing this practice, the guy shrugged and said "it is completely normal to make such contracts by phone".

It is normal but they still have to prove that they have a contract with you and not with somebody who happens to know your name and birthdate. Especially since the service is hooked up at a place where you have never lived.

I suggest you go to the police first and complain that somebody used your name and birthdate. You should also give them what info you have like the address where the service was hooked up. Then send a copy of the police report to the cable company and the inkasso.

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Posted

Hi, what do you mean by "any checks" and how can I check this?

You can request a simple credit check for free or a more comprehensive one for 18.50€

The more detailed report will tell you if any checks have been made on you be the telecoms company, and both will tell you if you have any negative entries as a result of the alleged debt. If/when you sort this out it's important to get any negative entries changed as this could affect applications for credit or other contracts in the future.

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Posted

Hello again, this is what has happened so far:

1. I went to the police and stated that someone has used my identity to start a contract and that I am filing a charge against this person

Unfortunately I went alone, not with a lawyer, because I do not have one. They pretended not to speak English in the beginning, but then it became clear that they do. One of the police persons (well a policewoman) was very nice, the other one was kind of rude and condescending. He told me that this is not Hollywood and this is not identity theft blahblah. The police woman said that this is indeed a case of identity theft, but they are responsible only with the criminal aspect of it and that from now on it does not concern me. They will investigate. I have to clear it up with the companies on my own.

2. I sent two letters--one to the Kabel BW and one to the Inkasso company to state that I contest this bill and I have nothing to do with the contract and I demand they delete any data they have of me and provide evidence to the police (the last probably is not necessary since the police will probably request this evidence).

What should I do now? Should I call the inkasso company and see what is up?

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