Identity Theft

Have you been a victim of identity
theft? Here are some of your legal remedies.

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 assist you in trying to recover your credit record.

Contacting the various credit
bureaus

The four major credit bureaus in
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

GUEST AUTHOR BIO

Nozipho Mvulane

Nozipho Sybil Mvulane

Attorney

Rajaram Mvulane Attorneys

Nozipho Sybil Mvulane is an admitted attorney. She is an experienced content creator and editor. She is also a legal professional with a demonstrated history of working in the information and legal services industry. She has experience in both the legal and corporate sector. She is also comfortable in both research and a training environment. She is multilingual and is comfortable with conversing with people in English, IsiXhosa and IsiZulu.

She obtained her Bachelor of Arts degree, and then a Bachelor of Laws from Rhodes University. Nozipho is skilled in content surrounding South African labour law, litigation (including alternative dispute resolution) within the South African courts as well as the CCMA. She has experience in unfair labour practices, unfair dismissals, retrenchments under section 189 of the Labour Relations Act, contractual disputes in terms of the Basic Conditions of Employment Act and arbitrations. She has experience in litigation, commercial and debt collection matters