Dealing with debt due to identity fraud

(Shutterstock)
(Shutterstock)

A Fin24 user has been blacklisted due identity fraud and wants to know how to clear his name again. He writes:

I lost my ID book and it has been used fraudulently to open accounts.

I had reported it and completed an affidavit at the policestation, I just discovered that I have been blacklisted.

Is there a way to have my name removed from this list?

I have since forwarded copies of all this to some of the organisations that have taken me to court for non-payment.

Nichola Walker Woodard of HWD Attorneys responds:

To remove your name from being blacklisted, you need to liaise directly with the relevant service or credit provider who mandated the blacklisting in question.

You need to provide them with your criminal case number and a copy of your affidavit evidencing the identity theft.

Once you have reached agreement with the relevant service provider, they will mandate the party who attended to the actual blacklisting to remove your name accordingly.

Be prepared for this to take some time and effort on your part.

If judgments have been taken against you in addition to being blacklisted, you will need to apply for a rescission of the judgments with the relevant court or courts.

Ideally you will need to obtain consent from the relevant service or credit provider, which will be submitted with your court application.

If consent is not obtained, you will need to prove to the court why the judgement should be rescinded based on the fraud committed against you.

Again, be prepare to invest time and costs into this process.

Once you have obtained the necessary consent or rescission of judgment, you will need to approach a credit bureaux with your details and request them to update their records accordingly.

The opinions expressed herein are based on the information as received from you and the assumptions made.

If the information as set out herein or our understanding thereof is in any way incorrect, please inform us immediately in order for us to amend the opinions where necessary.

It should be emphasised that due to the limitations of this type of forum, the above is only a general outline of a potentially complex matter and it is recommended that you obtain further detailed advice before taking action.

- Fin24

Disclaimer: Fin24 cannot be held liable for any investment decisions made based on the advice given by independent financial service providers.

Under the ECT Act and to the fullest extent possible under the applicable law, Fin24 disclaims all responsibility or liability for any damages whatsoever resulting from the use of this site in any manner.

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