Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Small Claims - Identity Theft

8 replies

jamoussa · 26/07/2024 23:32

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged purchase), and used fake credit cards to purchase materials. The purchase went through, the suspect left with the machines, and later, the shop was contacted by the financial institutions of the people who owned these credit card numbers, stating they would not fill in the payment as these were fraudulent purchases.

Please note, after my car was stolen, I reported my ID stolen in my police report and insurance affidavit, and obtained a new license. The new ID actually was issued before this alleged purchase.

In small claims, the shop owner's mother was there, and she was the person who dealt with the transaction. She is claiming it was me in the store that day.

I was not there, but I was at work, and a witness from my job was ready to affirm that I was there that day.

The judge did not want to hear from my witness, and since I was on remote appearance, he required me to come into court so he could see me.

Ultimately, he claimed that he wanted to find out whether I was the person who went into that store. I made it clear to the judge that the ID the plaintiff presented in court was indeed my ID, and that my ID was stolen, and that it was definitely not me who made the purchases.

I even went as far as providing the judge with my Google Timeline, step by step on where I went the entire day of question.

My witness was on the call, and he did not bother asking to speak with them.

We went back and forth a few times until he told me that if I didn’t agree to come in, he would award the judgment to the plaintiff. My perspective was not that I do not want to come in, but I did not understand how this would achieve the purpose of providing whether or not it was me that day.

The plaintiff’s mother processed the transactions that day using five different cards! It was obviously a case of fraud. Now, the mother is claiming it was me. She said that at the time of the purchase, she ensured the person in the store had the same picture on the ID.

What more can I do here? I have a letter signed by my employer stating that I was at work that day, and I had them on the call waiting to affirm this.

I am hoping there is something I have yet to consider that can help my case.

I have a gut feeling that the judge may not be able to conclude that I am telling the truth unless he physically sees me. The plaintiff alleges that they do have security cameras, but that the footage expired in 30 days, but they were notified about the fraud 10 days after the alleged purchase.

It seems so obvious to me that someone who is going to perpetrate fraud won’t use their ACTUAL ID, which has their picture and address and can be traceable. It really makes no sense.

Any legal advice would greatly be appreciated, as I have time to submit more evidence before the next appearance where I have to be there in person.

Thanks.

OP posts:
Hoppinggreen · 27/07/2024 10:26

Is this in The UK?

GinandGingerBeer · 27/07/2024 10:43

How strange. Obviously she's going to look at you and say yes that was her! She seems to be gunning for you. Has the judge no common sense?
You reported your ID stolen and have proved to be elsewhere, I think you need to go and need representation.

Another2Cats · 27/07/2024 18:26

Is this in the UK? Or is it perhaps in the USA?

I am confused by your use of terms like "insurance affidavit". This is an American phrase. Also, where you say:

"...and obtained a new license."

In the UK we would speak of a "licence"

If it's the USA then it is unlikely that anybody here will be able to give you advice that you should rely on.

"I have a gut feeling that the judge may not be able to conclude that I am telling the truth unless he physically sees me."

That may well be correct. But why do you have an issue with that? Is it in a location that is a very long way away from where you live? I have no idea about US law and if you can get the case transferred to a court in your State or not.

You say:

"I was not there, but I was at work, and a witness from my job was ready to affirm that I was there that day."

and

"I have a letter signed by my employer stating that I was at work that day, and I had them on the call waiting to affirm this."

I have no idea why in the USA that you cannot go along to the court with your evidence and your witness. What is stopping you doing that? What does your lawyer say?

Is this a case where maybe the thief used your ID in New York and you live in California? Or something like that? Do you have to go all the way from one side of the country to the other?

BarcardiWithGadaffia · 27/07/2024 18:53

How did the sale go through in the first place with fake credit cards? Do you mean stolen or they'd made them themselves? Either way how would they have a valid PIN?

What kind of shop was it?

GreatScruff · 27/07/2024 19:00

Is there no evidence of your activity at work that day?

deviantfeline · 27/07/2024 19:33

Why would anyone need to show ID to buy a thing?!
I've bought a car using a credit card and didn't have to show ID

Another2Cats · 27/07/2024 19:45

BarcardiWithGadaffia · 27/07/2024 18:53

How did the sale go through in the first place with fake credit cards? Do you mean stolen or they'd made them themselves? Either way how would they have a valid PIN?

What kind of shop was it?

This sounds very much as though the OP is in the USA. I believe that they often don't use PIN numbers with credit cards.

LittleBrenda · 27/07/2024 20:27

Why would anyone need to show ID to buy a thing?!

Maybe it was a gun.

New posts on this thread. Refresh page