identity fraud and bailiff problems

[geekymummy]

I'm posting on behalf of a friend of mine. About 3 months ago, someone was caught shoplifting and was fined but used a similar spelling of my friend's name and gave my friend's address! This was in a part of the country that's about 150 miles away from where she lives. My friend received the fine, contacted the court and was told to fax proof of her ID. Since then she's not heard anything and now is getting letters threatening her with the bailiffs to collect goods up to the value of the fine.

She's tried to contact the court and the bailiff's office to no avail, just an automated number. Her local Citizen's Advice Bureau is barely open and the police haven't proved to be any help at all. She will be getting registered with CIFAS soon, and is at her wits' end as she lives with an elderly parent and doesn't want him getting hassle from the bailiffs.

Any tips anyone?

Well, it's a long shot, but a Data Protection Act request for all the records they supposedly hold about her might be a start. If there are errors (i.e. this is not about her and a note to that effect needs to be made on the file), then she can issue a formal correction notice, and they are legally obliged to amend the record. There will be more information about all this on the Information Commissioner's website.

I would also prepare a standard letter explaining what has happened and what she is doing about it, and send this by recorded delivery to the Court, Bailiff, police, credit reference agencies and anyone else she can think of. This might help her cover her back.

Essentially unless someone formally identifies her as the thief, eg the store detective, I imagine a prosecution would be a bit difficult. Otherwise we could all go around pretending to be other people and commit any crime we liked, with no consequences.