Identity theft

[BENT_8]

So i recieved a letter today from a company called Panthera Finance, they are a debt collection agency and have accused me of owing Telstra nearly $2k.

As i have not had an account with Telstra since 2006 i immediately thought it was a scam.
I googled the company and have read some very nasty things with regards to them.

I decided to ring Telstra to queary it and was told that it was a debt for an account opened in June 2014 and closed in September 2014.
I told them that i hadnt had a Telstra account in that period and asked for the details of the account.
They gave me the mobile number and the billing address and i checked it out and found that the street in question doesnt even exist and the suburb is over the other side of Adelaide from where i have lived for nearly 5 years.
I explained that this wasnt my account because i didnt live there and havent had an account with them for nearly a decade and the woman at Telstra told me that because the debt had been sold to this Panthera mob that i would have to contact them.
So i rang this Panthera mob and spoke to the rudest person i have ever heard, straight away she began talking down and over me and wasnt interested in what i had to say.
She wanted all my details including date of birth and license number and when i wouldnt give them to her she started telling me they were going to start hassling me for the money.
I tried to explain that i dont owe the money but she wouldnt listen and kept going off about wanting my details.
I told her i would be contacting the Police as this is rediculous and she just said go for it.
She kepy getting all flustered and muddled up and said id get a bad mark on my credit file.

So here i am, havent had a Telstra account in nearly a decade, dont live anywhere near the address of the account and am expected to provide all my personal details to some rude collection agent in order to somehow prove my innocence.

I cant believe that they can do this to you, why should i have to prove my innocence to avoid getting a bad mark on my credit file.

Anyone had a similar experience, what do you do.

[XD 351 Ute]

Spend a bit of time and money, go visit your solicitor and let them handle it.
Then sue them for your time and money spent.
See how they like it......

Ed

[BENT_8]

Originally Posted by XD 351 Ute

Spend a bit of time and money, go visit your solicitor and let them handle it.
Then sue them for your time and money spent.
See how they like it......

Ed

Really, so ive got to spend my own money and waste my time defending something i havent done, if thats the way i have to deal with this scenario it is a bloody disgrace.

[Ross 1]

I had something similar with Virgin mobile a couple of years ago, the onus of proof still lies with Telstra. Virgins debt collectors couldn't proceed and had to write of the debt because no one could provide me with an itemised bill for evidence. Maybe see if the debt collectors or Telstra can provide you with a fully itemised bill of the money owing as I was advised at the time if this cannot be given they cannot go any further.

[BENT_8]

Originally Posted by Ross 1

I had something similar with Virgin mobile a couple of years ago, the onus of proof still lies with Telstra. Virgins debt collectors couldn't proceed and had to write of the debt because no one could provide me with an itemised bill for evidence. Maybe see if the debt collectors or Telstra can provide you with a fully itemised bill of the money owing as I was advised at the time if this cannot be given they cannot go any further.

Unfortunately the debt collector wont discuss anything until i give them all my details, full name, address, dob, license number.
Telstra wont help me because the debt has been sold to the other mob.
I spat the dummy at the Telstra person and they just went silent for 20 seconds and then kept repeating their in ability to help me.

I cant believe that someone can run up a bill in my name without even showing my ID ro any other foolproof ID and now its my problem to sort it out.

[burnz]

Originally Posted by BENT_8

Really, so ive got to spend my own money and waste my time defending something i havent done, if thats the way i have to deal with this scenario it is a bloody disgrace.

ignore them, they can't do squat but blow hot air..
the onus is on them!

if you keep getting phone calls, forward them to the ombudsman and make a complaint.

[Yellow_Festiva]

I assumed they looked you up to find the correct address?

This happened to me several years ago. A house mate (I believe) that had a grudge against me after I turfed them out opened an Ebay account using all my details.

Got a letter of demand (can't remember from who??) and after a call or 2 was asked to submit a stat-dec of what I believed the situation to be and that was the last I heard of it.

I think the debt was around $120. Now that I think about it, I believe it was a debt collection company that contacted me.

Before you go down the path of paying for help try and get all the free help you can, is there an Industry Ombudsman that can help?

Don't communicate anything else by phone either. Insist on all communication to be via letter or email.

Thinking out loud, I guess you can ask for proof that YOU were the one to cause the debt. I assume that doesn't exist.

Also, see who provides free financial history checks and order one for yourself just in case there are more nasty letters on the way???

[Yellow_Festiva]

Originally Posted by BENT_8

Unfortunately the debt collector wont discuss anything until i give them all my details, full name, address, dob, license number.
Telstra wont help me because the debt has been sold to the other mob.
I spat the dummy at the Telstra person and they just went silent for 20 seconds and then kept repeating their in ability to help me.

I cant believe that someone can run up a bill in my name without even showing my ID ro any other foolproof ID and now its my problem to sort it out.

Don't give them a bloody thing....

[Ross 1]

Originally Posted by Yellow_Festiva

Don't give them a bloody thing....

Completely agree, they need to provide paperwork, email you details etc. Inform them if they are not prepared to provide that you won't be taking their phone calls, which you should record just incase they get threatening, but do inform them at the start of the call that you are recording it.

[burnz]

here you go, in typical checkout style..

https://www.youtube.com/watch?v=xClwSkgvBxI

[Iggle Piggle]

Sounds like they won't be able to give you a bad mark on your credit if they don't have your full details like date of birth...so don't give them any of that additional info and as said before ask for an itemised summary of the charges.

[zilo]

Ombudsman is what you need.

Forget everything else.

[marty351]

The accuser has the burden of proof. As said above, don't give them an inch, and, if they harrass you, threaten them with stalking charges. And don't be afraid to make a citizens arrest. Always keep police notified of whats happening, and keep a logbook.

[Itsme]

Have a chat with your local police, they should be able to advise you who can help you in these situations.

[11ford11]

ombudsman
a current affair
don't give personal details
keep records

[BENT_8]

Thanks for the advice guys.

Unfortunately by trying to clear my name i had to confirm my full name and address, i initially said no, but she just said i already have it as thats how you got the letter so i agreed it was my address, she then asked for my DOB which again i objected to which is when she said she couldnt resolve the issue without confirming who i am, so i gave it.
All i wanted to do was clear up that im not the person they are after, i dont want my credit rating tarnished for something i havent done.

I thought at that stage that i would get some help but then she wanted my license number, i refused to give that and she started getting all rude and told me id just get hassled until i payed the bill.
Every time i tried to say something or question her she just asked for my licence number or spoke over the top of me telling me it was all on record, i wasnt rude or threatening at all.
Thats when i said id contact the Police and she said to go for it as they were a registered company etc and as its not a criminal matter they wouldnt do any more than write a fraud report.

The billing address i got from Telstra isnt even a real address, the street doesnt even exist si im buggered if i know how they set up the contract in the first place, i thought you had to show id to do that and im stuffed if i know how they could give my name and a bogus address and get away with it, surely if what is happening is the consequence there should be tighter controls on who and how they can enter the contract, Telstra have some explaining.

So right now im stuffed if i know what to do. I suffer from high blood pressure and since speaking to her i have really sharp chest pains and my blood pressure and pulse are off the scale i dont like having this hanging over me, i think its disgusting that someone can make such an accusation and its up to me to provide my personal info to even get listened to, never mind sorted out.

I will try and contact an ombudsman, but any time and money spent defending myself from something i havent done is completely unfair and shouldnt be the way it works.

[Iggle Piggle]

Next time she calls make sure you note down her name - then create an account in her name with Telstra.

[BENT_8]

Originally Posted by burnz

here you go, in typical checkout style..

https://www.youtube.com/watch?v=xClwSkgvBxI

An interesting angle, but it all assumes that there is a debt owed, i dont owe any debt because ive not had an account with them in that time frame.

I cant get any of the info regarding the specifics of the supposed overdue bill because i wont give them my licence number.
It s a catch 22, im damned if i do and damned if i dont and its not ethical or fair.

[Mickyjj]

Unfortunately I deal with this daily. More in Cybercrime than other forms of identity theft (Specifically).

there are some things for you to look at here http://www.afp.gov.au/policing/fraud/identity-crime
http://www.idcare.org/

Make a report to the police as you need it to prove you are doing something about this. it also means they may look into it and prevent other things that might be related. (Other debts yet to come to you)

Originally Posted by BENT_8

Thanks for the advice guys.

Unfortunately by trying to clear my name i had to confirm my full name and address, i initially said no, but she just said i already have it as thats how you got the letter so i agreed it was my address, she then asked for my DOB which again i objected to which is when she said she couldnt resolve the issue without confirming who i am, so i gave it.
All i wanted to do was clear up that im not the person they are after, i dont want my credit rating tarnished for something i havent done.

I thought at that stage that i would get some help but then she wanted my license number, i refused to give that and she started getting all rude and told me id just get hassled until i payed the bill.
Every time i tried to say something or question her she just asked for my licence number or spoke over the top of me telling me it was all on record, i wasnt rude or threatening at all.
Thats when i said id contact the Police and she said to go for it as they were a registered company etc and as its not a criminal matter they wouldnt do any more than write a fraud report.

The billing address i got from Telstra isnt even a real address, the street doesnt even exist si im buggered if i know how they set up the contract in the first place, i thought you had to show id to do that and im stuffed if i know how they could give my name and a bogus address and get away with it, surely if what is happening is the consequence there should be tighter controls on who and how they can enter the contract, Telstra have some explaining.

So right now im stuffed if i know what to do. I suffer from high blood pressure and since speaking to her i have really sharp chest pains and my blood pressure and pulse are off the scale i dont like having this hanging over me, i think its disgusting that someone can make such an accusation and its up to me to provide my personal info to even get listened to, never mind sorted out.

I will try and contact an ombudsman, but any time and money spent defending myself from something i havent done is completely unfair and shouldnt be the way it works.

[b0son]

http://www.ag.gov.au/RightsAndProtec...titycrime.aspx

IANAL, but this could be helpful in getting the debt collector off your back.

[Itsme]

Originally Posted by BENT_8

An interesting angle, but it all assumes that there is a debt owed, i dont owe any debt because ive not had an account with them in that time frame.

I cant get any of the info regarding the specifics of the supposed overdue bill because i wont give them my licence number.
It s a catch 22, im damned if i do and damned if i dont and its not ethical or fair.

I agree with the others, do not give any details to the the debt collectors, these two links are from Victoria legal aid, might give you some helpful info for this matter.

https://www.legalaid.vic.gov.au/find...ebt-collection

https://www.legalaid.vic.gov.au/find...ssues/get-help

http://www.australia.gov.au/content/legal-aid

I still think a talk to police or your local legal aid for advise will benefit you.

[Phildo]

Telecommuncations Industry Ombudsman

https://www.tio.com.au

With Telstra, the low level call centre people can only read off their guide sheets. You need to move up the hierarchy and find someone with the authority to act.

With the debt collection place, ask for the name of each person that you speak to. However, I can't see any reason to contact them again.

Don't forget that if Telstra have sold information (ie a debt) to another organisation, and that debt turns out to be false, then there might be a legal case for defamation.

Someone at Telstra will give a damn. Find that person. It won't be the low level call centre person, though.

[nuthin' fancy]

^^^^ this.

The Ombudsmans Office is the starting point.

It will be a PITA for you, but you have to follow it through as promptly as you can.

You aren't the first and the TIO will have experience and process for dealing with it.

Good luck.

[xisled]

For people who are saying do not give information to debt collectors, there is not point as they already have the info. The reason why they ask to confirm name, address DOB, etc is to confirm they are speaking to the correct person.

First thing you need to do, is go make a police report. Tell the police that you suspect fraud has happened and you want to make a report.

Second thing is go and call the TIO. https://www.tio.com.au/. You want to lodge a complaint with the TIO. When they ask have you spoken to them, say yes 3 times and you still have not got your issue resolved, if you say only once they may say call them again. Also I am pretty sure that the debt will be sent back to Telstra once a TIO compliant is lodged. So that should stop debt collection if this happens.

In the complaint tell the TIO you want as much info as possible on how the account was signed up. Also ask for copies of all phone bills any other personal info they may on you such as drivers licence numbers, phone numbers etc. Also see if you can get any notes on the account and also recordings of any calls that have been made, while the account was open. The person may have called customer service.

Once the complaint has been lodged you will receive a call from the Telstra team. Tell them what you want if they refuse or are hard to deal with, just tell them your going back to TIO and will lodge the next level complaint. There is about 5 different complaint levels, each level will cost Telstra more. So they are keen to sort issues out at lower levels.

Just make sure at the end, you want to account closed, money owing removed and your details removed from the account you never signed up for.

Going to the TIO will not cost you a thing. This is the best free course of action. Also once with TIO you shouldn't have to deal with the Debt Collection guys.

[BENT_8]

Thanks guys, im going to see the Police today and will lodge a complaint with the TIO.
We'll see what happens.

[BENT_8]

So i wandered down to the local Police Station today, spoke with a really helpful Senior Constable who got the ball rolling.
He said that my situation was not uncommon and that because no money has changed hands yet it is not a criminal offence as such.
He rang the debt collector and had the same experience that i had, they werent satisfied with his rank, surname and I.D number, they wanted his first name too, which he said is non disclosure and the conversation became heated, he said either discuss the case or he'll hang up, they weren't interested.
Next he rang Telstra and we arranged for an itemised bill to be sent to compare numbers with my phone accounts and to get the case manager to contact us.
He gave me a report number and said he'd be in touch.

I've lodged a complaint with the TIO and it has been forwarded to Telstra for resolution before 21/7 so i guess its a waiting game now.
Atleast they shouldnt be able to hassle me for a few weeks until its sorted.

Thanks again to everyone for their advice/guidance on the matter.

[JAJH]

Originally Posted by BENT_8

So i wandered down to the local Police Station today, spoke with a really helpful Senior Constable who got the ball rolling.
He said that my situation was not uncommon and that because no money has changed hands yet it is not a criminal offence as such.
He rang the debt collector and had the same experience that i had, they werent satisfied with his rank, surname and I.D number, they wanted his first name too, which he said is non disclosure and the conversation became heated, he said either discuss the case or he'll hang up, they weren't interested.
Next he rang Telstra and we arranged for an itemised bill to be sent to compare numbers with my phone accounts and to get the case manager to contact us.
He gave me a report number and said he'd be in touch.

I've lodged a complaint with the TIO and it has been forwarded to Telstra for resolution before 21/7 so i guess its a waiting game now.
Atleast they shouldnt be able to hassle me for a few weeks until its sorted.

Thanks again to everyone for their advice/guidance on the matter.

It sounds as though you got one of the best coppers who has gone over and above his duty. The law dictates you are innocent till proven guilty but situations like seem to be just the opposite. It can be enormously frustrating having to defend your innocence. Hang tough and keep your chin up.

[devilcv8]

Originally Posted by JAJH

It sounds as though you got one of the best coppers who has gone over and above his duty. The law dictates you are innocent till proven guilty but situations like seem to be just the opposite. It can be enormously frustrating having to defend your innocence. Hang tough and keep your chin up.

That cop definitely went above and beyond. I would have expected taking a report or saying call the police assistance line and report it, but this one did more than that.

[XD 351 Ute]

Originally Posted by BENT_8

Really, so ive got to spend my own money and waste my time defending something i havent done, if thats the way i have to deal with this scenario it is a bloody disgrace.

I haven't read the thread again until now, others have offered prbably better solutions, and it looks like the police option is helping.
In regard to the quote, my thoughts were on having a legal opinion on your side ao that you know you're going about it in the best way to protect you. A solicitor may have offered advice as given by our other posters on the thread, I don't know; but at least now things are happening.
This whole ID theft bizo is bloody scarey when you think about it!

Good luck mate.

Ed

[Beastie]

Just read your situation and it feel for you.

My understanding is that with any new Telstra Mobile contract, you are required to provide a copy of your drivers licence, which the Telstra store will photo copy and attach to your contract.

I would try to get a copy of the contract & specifically the page that has you license on it.

This may help sort things a bit quicker.