Overview
In identity theft, strangers use your personal information - name, date of birth, address, copy of ID or bank details - to order goods, conclude contracts, take out loans or open accounts in your name. Those affected usually only find out about this when invoices, reminders or letters from a debt collection agency arrive.
A common variant begins with an alleged job offer: applicants should work as “app testers” or go through a video identification process as part of the application process. In effect, this opens a real bank account in their name, which the perpetrators then use to funnel funds from other fraudulent activities. For those affected, this can result in account blocking, investigations and claims from injured parties.
The basic rule is: Anyone who has not concluded a contract does not owe anything from it. In practice, however, those affected must explain the abuse to each individual company, debt collection service providers and credit agencies. We help you to proceed in a structured manner, keep an eye on deadlines and use your rights under the General Data Protection Regulation.
Immediate steps
These steps make sense in most cases – regardless of whether you instruct us.
Report the misuse of your data to the police and obtain confirmation of the report. You will regularly need the case reference number as evidence towards companies, debt collection agencies and credit reference agencies.
Object to every unjustified claim in writing and in a verifiable manner, referring to the identity misuse and the police report. Do not pay “to be on the safe side” – a payment may be construed as an acknowledgement.
If you receive a court default summons (Mahnbescheid), you must lodge an objection within two weeks of service. Otherwise an enforceable title may be issued, even if the claim is unjustified.
Inform your bank and the bank at which a third-party account is held in your name. Also report the identity misuse to SCHUFA and other credit reference agencies and request a copy of your data from them.
Change passwords for email, online banking and customer accounts and, where possible, activate two-factor authentication. If your identity card has been lost, report the loss to the competent authority.
Unsure what to do first in your case?
Legal assessment
Anyone relying on a contract must as a rule set out and prove that it was concluded with you. We examine the claims asserted and, on request, take over the correspondence with companies and debt collection agencies.
The right of access can be used to clarify which data companies, banks and credit reference agencies hold about you, where it came from and to whom it was passed on. This is often the key to clarifying the misuse.
If entries at credit reference agencies are based on the identity misuse, claims for rectification or erasure may be available. We examine against which bodies these are to be asserted.
If an account was opened via an identity verification procedure, we examine your position towards the bank and towards third parties who transferred money to that account. Possible liability and criminal law risks for you must also be assessed in this context.
If companies protected your data inadequately or continued to process it incorrectly despite your notifications, a claim for compensation may be available. Whether the requirements are met depends on the individual case.
Who may be liable
Towards companies asserting claims from contracts you did not conclude, the focus is on rejecting the claims. If they continue to pursue you despite clarification, claims of your own may also come into consideration.
Debt collection agencies act on behalf of the alleged creditor. The claim should also be disputed towards them; in the case of unjustified reports to credit reference agencies, claims for injunctive relief and rectification may be available.
If an account or loan was set up in your name, it can be examined whether the identity check was carried out properly. Whether claims arise from this depends on the circumstances of the individual case.
Towards SCHUFA and other credit reference agencies, claims for access to data, rectification and erasure of incorrect data may be available.
In principle, claims for compensation exist against the perpetrators. Enforcing them requires that those responsible are identified in the criminal investigation.
Whether and against whom claims actually exist depends on the individual case and can only be assessed after reviewing the documents.
Preserve evidence
Do not delete anything – not even out of anger or shame. Your account of events is enough for the initial enquiry; documents can be submitted later.
Our approach
Using the form, you describe to us in a few minutes what happened. You can submit documents later.
We review your details, classify the facts and examine against whom claims may be available.
You receive an honest assessment of prospects, risks and costs – and decide for yourself whether to instruct us.
We implement the agreed strategy: towards banks, payment service providers and other parties involved, and in court if necessary.
FAQ
General guidance – it does not replace advice on your individual case.
As a rule, no: you are not bound by a contract you did not conclude. However, you should not ignore the claim but dispute it in writing and refer to the police report. In the case of court correspondence, deadlines must be observed without fail.
In many of these cases, a bank account was opened in your name which the perpetrators use for other fraudulent acts. Contact the bank concerned, demand that the account be blocked or closed and report the matter to the police. Since victims and investigating authorities may approach you, an early legal assessment is advisable.
An initial overview is provided by the free copy of your data under Art. 15 GDPR, which you can request from SCHUFA and other credit reference agencies. The same right of access exists towards companies and banks asserting claims against you. However, a complete overview cannot always be obtained immediately.
That depends on the individual case, for example on how many bodies are affected and how well the misuse can be documented. Unjustified claims and incorrect entries can often be resolved, but we cannot guarantee a particular outcome. After reviewing your documents, we assess the situation openly.
The initial assessment of your enquiry is free of charge. If further steps make sense, we inform you transparently in advance about the costs involved, so that you can decide at your leisure.
Knowledge centre
Banks
· Manfred Kühn
Negative entries at credit agencies can make loans, rental agreements and mobile phone contracts more difficult. An overview of how entries can be checked and when deletion is possible.
Phishing
· Manfred Kühn
If the bank refuses to reimburse you after a case of fraud, it is usually citing gross negligence. What the term means, who has to prove it and which circumstances count.
Phishing
· Manfred Kühn
After a phishing attack, the question arises as to whether the bank has to refund the debited amount. The decisive factors are the authorization of the payment and the accusation of gross negligence.
Case review
We will assess which claims may be available and which next steps may make sense.
Your details are treated in confidence. An enquiry does not yet establish a client relationship.
By telephone, by email or via the case review – in confidence and initially without obligation.