TELSTRA Identity Theft and Fraud - HELP PLEASE!

Lblackyuki on 13/01/2017 - 10:57

Hi guys, I need your help.

So about a year ago, my phone along with my phone case wallet got stolen. I didn't think much of it at the time, cancelled all my cards and got new ones. There were no problems.

Fast forward a year later. I received an overdue bill from Telstra, which is funny because my plan is with Virgin. Me, being stupid, thought it was one of the prepaid plans I didn't cancel or something so I called them. Found out someone had signed up an Iphone 6 contract online using my id and had the phone sent to an address I've never heard before Mind you, I was pissed considering I was using an LG G3 cracked phone at the time and didn't have money to fix it or upgrade it – this prick is living in luxury while I'm suffering. I told them it wasn't me, and they told me to file a police report and go into one of the stores and have my driver's license photocopied. So that's what I did, I went to the Police Station and did the police report file and went into a Telstra shop and got my id photocopied and gave them the reference number for the police file.

Thinking it was all resolved, I continued with my life, only to receive another overdue bill telling me to pay the outstanding amount. I called them up again and they told me I needed to give them a copy of my identity documents. I told them I already did but they said there was none with the file and that I had to do it again. I know it was my fault for letting it get this far and worse, but I honestly didn't know what to do. Sure enough, I avoided the problem for a while after believing there was nothing I could do once they say it was finalized. I was almost even reluctantly going to just pay off the bill as I wanted to get it over and done with and save my credit report. That was just wrong what they did to me, but I was willing to let it slide. Until I received another overdue bill, this time from Vodafone! That's when I knew this person was not going to stop just after 1, or even 2 identity fraud or scams. Something had to be done. Unfortunately, I tried to call Telstra again but they told me there was nothing more they could do and that I had to pay the bill.

I have now received a payment request from a debt collection agency and to be honest, the realization just hit me when the bill has tripled its previous amount.

I know I left it for too long and it was my fault for letting it escalate that far. That is why I'm asking for your help. If anyone has been in a similar situation, it would be much appreciated if you can share your story or advise me on what to do next. I am scared and can't believe i let this situation escalate this far and have decided to day time off my summer job to take care of this issue.

Any input is much welcome. Thank you.

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Comments

  • Unorthodox on 13/01/2017 - 11:07
    +1

    If fraud occurs relating to a telco it'll go to a specific team.

    Get a stat declaration acknowledging that you did not sign up to the contracts and email or message the telco in question.

    Give them all the information you have, if you said your phone was stolen along with the case you will have had a police report.

  • [Deactivated] on 13/01/2017 - 11:13
    +6

    you shouldn't be paying anything or they'll consider it you accepting the debt as yours, this is something you don't want to happen as far as your credit report is concerned.

    now that the Telstra debt has been passed to a collection agency, you'll need to get a copy of your credit report. It is likely the debt is already listed on it.

  • sim777 on 13/01/2017 - 11:29
    +3

    Have had similar issue - had mail box raided in NSW, got a call one day telling me i had an outstanding credit card statement with ANZ (always been with CBA and never applied for credit card) got this all sorted with stat dec and Identification and then got calls from another debt collection company saying i had credit cards with two other banks, repeat filing of police report, stat dec and send my identification. got it all sorted. dont pay anything!

  • DealhunterMelbourne on 13/01/2017 - 12:06
    -3

    Write to Choice Magazine ([email protected]) and ask them to take up your case with Telstra. I guarantee you it will get sorted out very quickly once Choice is involved. If you want to double-down, write to your local MP. You will also have your issue sorted out VERY quickly once your MP's office forwards your complaint to Telstra and asks them to respond.

    It shouldn't be like this, of course — you SHOULD be able to go to their front of house customer service people and have the matter sorted out using standard procedures, but the truth is that if you want something "outside normal procedures" sorted out quickly it needs to get escalated to Australian-based management, and the quickest way to do that is through an important third party like Choice or an MP.

  • swapsey on 13/01/2017 - 12:30

    Some very good advice already. Follow it.

    The thing to stop doing is saying you are at fault. Believe me when I tell you that this will translate into a lazy response from those on the other end. I mean, the energy you put out will come back to you.

    You are not at fault (if your story is correct). You now just need to write each step on a card, then tick off each card as you do them, including all the steps from above.

    Stick with it and keep us posted.

    (Credit ratings can be corrected too, btw!)

  • DealhunterMelbourne on 13/01/2017 - 12:38

    Why did you guys neg my comment?

    • PJC on 13/01/2017 - 16:24

      That's a mystery to me. Have a plus-vote.

      • DealhunterMelbourne on 15/01/2017 - 12:39
        +2

        Thanks! Not sure why others negged it… was useful advice

  • bjdchwr on 13/01/2017 - 12:53
    +1

    In my opinion, it is NOT your fault…. @swapsey I agree with you!

    You are just a victim from identity fraud. I think it's unfair to just pay that bill.

    Couple of months ago, I recalled I watched a video link, just for your reference.

    I think what you can do is to contact the credit report authorities and check for the damage of your credit ratings. You can also have an idea of all of the credit report access from Voda and Telstra. If you are willing to pay a bit, I would also recommend you to buy their credit alert service so you will be notified by email when someone or service provider is accessing your report.

  • garetz on 13/01/2017 - 12:55
    +3

    Telstra will come at you hard to pay the amount owing, you need to tell them its their fault for not doing their due diligence, and since the perpetrator used stolen identification information, that you have nothing at all to do with it. The debt is not yours, and it is as a result of fraudulent activity. If they want to contact you again refer them to your local police dept.

    You should never pay anything that is due to fraud, in the end as long as you dont accept financial responsibility, they cannot get any money from you no matter how much the bill gets to.

  • blitz on 13/01/2017 - 12:58
    -1

    OP PM me.

  • apple2016 on 13/01/2017 - 14:06
    +2

    I know I left it for too long and it was my fault for letting it escalate that far.

    No its not your fault.

    You could work with telstra to resolve this amicably.
    Or you could counter sue telstra.
    When Telstra delivered the phone they have a address.
    If the person signed up in store then some one can easily see that the pics in DL does not match the person.
    Also they would have phone calls usage / history data.
    This is enough to trace a identity thief easily.

    Have you checked with consumer affairs if they can help?

  • mrham on 13/01/2017 - 14:19
    +1

    Contact this organization http://www.idcare.org/

  • try2bhelpful on 13/01/2017 - 14:37

    You are not responsible for someone else's identity fraud. Find one of the big flagship Telstra stores, take in all your paperwork including the police report details and then tell them you want to talk to someone who can get this sorted now. Explain that the help desk keeps cocking this up everytime you want to get it sorted and that the next step is the ACCC. If they aren't sure what to do ask them to put a question up on Yammer and you will be willing to wait for the answer to come to them. Someone online to Yammer can probably help you.

    Identity fraud is a big pain in the neck.

  • MrTweek on 13/01/2017 - 15:16

    I tried to call Telstra again but they told me there was nothing more they could do and that I had to pay the bill.

    That's complete bullshit. You didn't sign up for the contract, so you don't have to pay for it. Send them a letter/email explaining the whole situation again and attach the police report.

    They can't make you pay without going through VCAT/Magistrates Court/Infringement Court. If they actually do that, you explain the same again to the court and they will kick it them of the court.

    Once you filed a police report and sent a copy to Telstra, you are pretty much off the hook.

    I know it was my fault for letting it get this far and worse
    Why is that your fault? What could you have done to prevent that?
    You did nothing wrong. You explained everything to them, you provided evidence (police report) and you were cooperative.

    It's Telstra's fault for loosing your id on your file for whatever reason. You can be nice and do that again, but there's not much more you can do.

    I was almost even reluctantly going to just pay off the bill as I wanted to get it over and done with and save my credit report.
    Don't be ridiculous. It's a matter between Telstra and the guy who ordered the phone.
    Don't pay a cent for this! Telstra is the actual victim of this scam and although they know it wasn't you, they are trying to make you pay for it.

    Fairly annoying having to do the same with Vodafone too, but you shouldn't give in and pay, just so they leave you alone.

    One tip for the future:
    Do things in like this writing, especially things like giving them a copy of the police report.
    If they come up with some bullshit like "we don't have it on file", you have evidence enough that they had the information they claim they don't have any more.
    This is specifically helpful in case this ends up in court one day.

  • CacheHunter on 14/01/2017 - 06:28
    +4

    Those that say you are not at fault are correct. You have to be assertive and tell the phone companies that the bills aren't yours. It was them that have allowed themselves to be defrauded by accepting stolen ID and not checking the photo, signature etc.
    Make sure that you have the police report and do a stat dec saying that your stuff was stolen.
    Everytime they contact you, respond assertively and firmly, but politely, that the bills and debts aren't yours and that you won't be paying them.
    Swapsey's comments about language are also correct. Don't say anything that implies that you accept fault, their payments staff just want the bill paid and don't care by who. Admitting any fault let's them off the hook of working out who they should be chasing. If the debt collectors knock on your door, firmly tell them to leave as they have the wrong person and call the police if they don't.
    Also, don't let them refer to it as your file. You never took out a phone with Telstra. Refer to it as'the scammers file'. The scammer may have used your name, but they aren't you if the facts you've put into your post are correct.

  • Candour on 14/01/2017 - 08:03
    +2

    contact the TIO telecoms ombudsman who I found very good in getting things resolved and follow their advice. escalating complaints through them is very effective in my experience some years ago in sydney

  • Frankdb58 on 14/01/2017 - 11:16
    -1

    Yes definitely take this matter to the Telecommunications Ombudsman https://www.tio.com.au/ They can escalate this for you and help get it sorted out. Do not pay for any of the fraudulent bills.

    Finally if you need someone to help wind back the incorrect credit reporting, I have a friend who specialises in this http://creditfixsolutions.com.au/ and they can do the credit repair work for you.

  • Brainwhacker on 14/01/2017 - 12:02

    It's irresponsible of Telstra not to investigate OP's complaint and demand payment, and what's horrifying is how easy it is for someone to commit the fraud. It's takes a lot of effort and time to rectify the fraud. TIO would be the way to go per above posts

  • zambuck on 14/01/2017 - 16:23

    You might want to consider getting a copy of your credit report too, just in case there are other fraudulent uses of your identity. https://www.oaic.gov.au/individuals/faqs-for-individuals/cre…

  • penting on 14/01/2017 - 21:13

    Hi,

    Everyone saying you are not at fault are correct. My boss happened to a victim of ID theft about 3 years ago. Someone rock in to the bank (pretending as my boss) and withdraw $150k from the business bank account. We report this to the bank (withdraw done in sydney while our business is in melbourne), no fuzz by the bank, they refund the money back to us a week later.

    Here some thing you could do to prevent more of suprise:
    1. Write to Vicroad (or equivalent bodies) to get a new driver license number. This can be done (at least in Victoria) when ID theft is the reason.
    2. Spend some annual subcription to veda (around $79:year) which will include notification when someone accessing your credit report.

    My boss done 2 of this thing and he never got any other surprises.

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