The legal framework
There is no offence of identity theft in English law. The Fraud Act 2006 punishes fraud by false representation, which is what someone using your details commits. Reporting goes to Action Fraud rather than to a local police station, and the most useful protective step is a Cifas protective registration, which flags your identity for extra checks.
Key points
| Offence | Fraud by false representation, under the Fraud Act 2006 |
|---|---|
| Reporting | Action Fraud, online or by phone; the National Fraud Intelligence Bureau assesses cases |
| Protective registration | Cifas, for an annual fee, flags applications made in your name |
| Credit files | Experian, Equifax and TransUnion; statutory credit reports are free |
| Bank liability | Unauthorised payments must be refunded unless you acted fraudulently or with gross negligence |
| APP fraud | Mandatory reimbursement rules apply to authorised push payment scams |
| Reimbursement rules | Authorised push payment scam victims must be reimbursed by the sending bank in most cases |
| Financial Ombudsman | Free escalation if the bank refuses |
| Credit report notices | A notice of correction can be added to explain disputed entries |
In practice
- Contact your bank immediately and ask for the fraud team; ask them to record it formally.
- Report to Action Fraud and keep the crime reference number: everyone else will ask for it.
- Check all three credit reference files and dispute every entry you do not recognise.
- Take out a Cifas protective registration and change passwords, starting with your email.
- Escalate to the Financial Ombudsman Service if the bank refuses: it is free and its decisions bind the bank.
Where to go
- Action Fraud.
- Cifas protective registration.
- Citizens Advice consumer helpline.
Worth knowing
Your email account is the master key: it can reset everything else. Secure it first, with a new password and two-factor authentication, before you do anything else. The mandatory reimbursement rules for push payment scams shifted the default. A bank refusing to refund now has to justify it.
Official sources and links
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised