Have You Been A Victim Of Identity Theft? Here Are Some Of Your Legal Remedies.
Nozipho Mvulane
Falling victim to identity theft can have devastating effects on your credit record and your ability to enter into credit agreements. What is equally frustrating is trying to reclaim your identity.
Contacting SAPS
One of the most important things to do is to contact the South African Police Service (SAPS). The SAPS will require from you:
- An affidavit setting out all the information (and any evidence) that you have fallen victim to identity theft.
- That you provide them with all active accounts that you have opened:
- When last you made a legitimate purchase; and
- When a fraudulent purchase was made and what the value was.
- Any bank account statements, credit card statements as well as any account letters from creditors showing the fraudulent activity.
Contacting the Information Regulator of South African and the South African Fraud Prevention Unit
The Information Regulator of South African and the South African Fraud Prevention Unit will be able to assist in blocking and monitoring any further purchases on your accounts. They are able to you in trying to recover your credit record.
Contacting the various credit bureaus
The four major credit bureaus of South Africa are:
- Transunion
- Compuscan
- XDS
- Experian
It is important that the credit bureaus update their information on their side. This will prevent any unlawful purchases while the matter is going forward. It allows creditors to know that your identity has been stolen and all purchases during a certain period of time are unlawful. It allows the creditors to protect themselves as well from losses incurred from this fraud and theft.
Legal action against the perpetrators of the identity theft
Where there has been information (and possibly evidence) of the identity of the perpetrators has been identified, it is possible for the victim of the identity theft to sue the perpetrators for damages. These damages may be incurred from the financial loss of the identity theft and any proposed losses for pain and suffering.
Where the identity theft has occurred because of a security and information breach of a third party, the victim of the identity theft may be able to sue for damages incurred. These damages may be the financial loss incurred as well as pain and suffering.
For any further information and assistance, please feel free to contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za
