I know a few of you work in the financial sector, so can you help me out with this?

(I know I'll get opinions too, so can you just let me know whether what you're posting is an opinion or a legal fact? Ta :thumbsup: )

Somebody :suspect: in a call centre has just 'informed' me that anybody can request a card for their account with my name on, and as they will be paying the bill, I am powerless to prevent/reverse this action.

WTF? :loopy:

I insisted that the data protection act prevented them from storing my details (name) on their system, but was 'informed' that my name does not constitute details as they do not have my date of birth :huh:

Oh, and my address? No.

'your' name is not legally yours. There probably are many other people with the same name, so the literal act of having your name in a database does not contravene the dpa. Without checking i'm not sure, but I don't think a name alone is even covered by the dpa, it's more about personal (not publicly available) information.

However applying for a credit card in a false name is fraud.

Why do you think someone would do this? The credit agreement would still be with the account owner unless you signed for an agreement, so it wouldn't allow them to escape paying and pass on the bill. Unless of course they forged your signature, but again, that's clearly fraudulent.

IANAL

I am not a lawyer....but.....

The holder of a credit card account can apply for a card in the name of someone else. The card is signed and used by the secondary card holder BUT that secondary card holder is not responsible for the amount run up on it and is not liable, in most T & Cs, for any default on the account.

If the main card holder defaults, the secondary card will become invalid.

Such secondary cards do not usually require any credit or identity checks - potentially this might be an issue BUT they are connected to an account that has been verified for ID and credit rating and so shouldn't be a problem.

In terms of Data Protection, a name doesn't uniquely identfy you unless your name is very unusual; this would be a point to argue with them on.

If you don't wish to use such a card cut it up and return it.

Joe

Thanks guys.

Originally posted by Cyclone
Unless of course they forged your signature, but again, that's clearly fraudulent.
If they are in possession of a shiny new piece of plastic they can write 'Jessica Rabbit' on the back to validate it - especially if that's the signature on the application form. There would then be no need to 'forge' my signature.


Originally posted by JoePritchard
If you don't wish to use such a card cut it up and return it.
The problem is that I don't have the card although the company say it exists - so cutting it up is a little difficult

The other thing that concerns me is that the signature on a credit card is sometimes used as a form of ID to obtain other 'services'



Anyway - I have since managed to speak to a manager at the afore mentioned call centre. The operator concerned will be traced - particularly for suggesting that I and Mr Strix 'obviously have issues' because I claim not to have a card that has my name on it.

The account causing concern does exist and I am authorised to discuss it's details with the call centre - which the operator wasn't prepared to do with me......

Just what I needed to be doing at this time of night :rant:

I would have thought, Strix, that your best course of action would be to ask your bank about this. The person in the call centre will be a bank employee, but will only have been trained to take banking queries and try to deal with them, but s/he should not have made a statement that you say was made to you....did you get his/her name, so you could let his/her superiors know that s/he has been giving out what could reasonably be called misinformation?

There are probably hundreds if not thousands of people in the world with the same name as you, and if they have a bank account in that name, they can order a debit or credit card in that name. Your name is not exclusively yours! :rolleyes:

Originally posted by Ann_x
s/he should not have made a statement that you say was made to you....did you get his/her name, so you could let his/her superiors know that s/he has been giving out what could reasonably be called misinformation?


Yes, I asked for his name and point of contact so that Mr Strix (who he was so insistant on speaking to) could call. This information has been passed on to the manager who dealt with the complaint.

Originally posted by Ann_x
There are probably hundreds if not thousands of people in the world with the same name as you, and [color=red]if they have a bank account in that name, they can order a debit or credit card in that name. Your name is not exclusively yours! :rolleyes:
:roll: but they have to prove who they are if it's their account. If it's a second card holder on a credit card it's a different kettle of fish, apparently.

Just a warning about Capital One credit cards. I decided to close my account as I have a better card.

I got a letter back stating that the account was closed, but if any payments were made on the account in the future, I would be charged and liable for them.

To me, when you close an account with zero balance, that should be it. The card should be destroyed and nobody should be able to charge any goods or services to it, Capital One should reject the payment.

Originally posted by alchresearch
I got a letter back stating that the account was closed, but if any payments were made on the account in the future, I would be charged and liable for them.


This is a standard thing with most credit card issuers.

It's incase you've set up any continuing authorities and not cancelled them.

Strix, I still don't understand what your concern is.

If they are in possession of a shiny new piece of plastic they can write 'Jessica Rabbit' on the back to validate it - especially if that's the signature on the application form. There would then be no need to 'forge' my signature.

who is this they?

If Mr Strix ordered a second card then it won't be any use to him as he has the primary card anyway...

And no one else should be able to order a card (except you as you are authorised on the account)...

I could order multiple cards on my cc account under many names, but why would I?
And what sort of lax place accepts a credit card as proof of id?