No-Know Credit: A Lawyer Reveals Telephone Fraud Schemes and Protection Against Fraudsters.

Telephone Fraud Attorney

In general, scams in the online space have become quite common in recent years. Typical schemes are the use of others personal information without the permission of its owner. There are also frequent cases of using this information specifically in the field of online lending, where identification occurs through a mobile phone number or with the help of a person’s electronic documents. It should also be noted that this problem is closely related to issues related to the protection of personal data, both in the online space as a whole and on specific sites. Andriy Shabelnikov, the managing partner of the EvrikaLaw bar association, the head of the committee of the National Association of Lawyers on Investment Activities and Privatization, informed the Informant about this.

The lawyer focuses on the fact that, as a rule, lending services (online) can be obtained after the identification of a person and the corresponding confirmation of data. If we consider the situation when the loan was issued to a number that is no longer in use, and other identity verification procedures were not performed, it can be concluded that the financial organization performed poor data verification, which is also an important problem in the field of online lending. After all, according to Part 1 of Art. 24 of the Law of Ukraine “On the Protection of Personal Data”, owners, administrators of personal data and third parties must ensure the protection of this data from accidental loss or destruction, from improper processing, in particular, illegal destruction or access to personal data.

What actions can the victim take in such a case:

• Submit a report to the police on fraud;
• Contact the cyber police in case of internet fraud;
• Contact the financial company (creditor) with a request to provide the documents on the basis of which the relevant agreement was concluded;
• Contact the mobile operator with a request to provide a certificate regarding the person’s non-use of the corresponding phone number;
• Contact a lawyer with the available evidence.

How to avoid such online scams:

• When changing your phone number, inform your mobile operator about these intentions (appeal, statement or request)
• It is also possible to contact the operator in order to block the SIM card.
• Check your credit history, for example, with the help of a credit bureau to check the absence of loans that you do not know about.
• For your additional protection, set strong passwords for banking applications and the SIM card (if the appropriate technical capability is available).
• Do not give copies of your documents to third parties and do not keep them freely accessible in messengers.

The man stopped using the Kyivstar number, as a result of which the fraudsters took a loan of 13 thousand hryvnias from him Earlier we wrote that the man does not use the Kyivstar mobile number, the card is torn in half and is in his possession. At the same time, he learned from the operator that the card was activated and someone was using this number. Later, it became known about the concluded electronic credit agreement for this number in the amount of 13 thousand hryvnias.

On October 26, 2023, a credit agreement was concluded between Consumer Center LLC and the husband. He was granted a loan in the amount of 13,000 hryvnias, which is confirmed by a disbursement receipt dated October 26, 2023, for a period of 42 days. In connection with the improper fulfillment of the obligations assumed by him under the credit agreement, as of the date of filing the lawsuit (March 14, 2024), he incurred a debt in the amount of 23,920 hryvnias. He submitted to the court a response to the statement of claim, according to which he does not recognize the stated claims. Previously, until September 2023, he concluded loan agreements with Consumer Credit LLC, but he completely closed them, there were no debts. On 10/26/2023, he did not enter into any credit agreement. He did not sign any documents regarding the receipt of credit funds from “Consumer Center” LLC, in particular with the help of identification through the BankID System. In particular, in the application for receiving credit funds dated 10.26.2023, the details of the account to which the funds were transferred are indicated. He never had any open accounts at PJSC CB “PrivatBank”. He has his own current account opened only at Oschadbank. He has not used the Kyivstar mobile number since September 2023, the card is torn in half and is with him. At the same time, I learned from representatives of “Kyivstar” that the card is activated and someone is using this number. In order to protect himself from the fraudulent actions of people who used his number, on March 21, 2024, he submitted an application for an inspection to the police. Currently under review. Asks the court to make a decision to reject the “Consumer Center” LLC in the lawsuit filed against it in the civil case No. 299/1825/24 for debt recovery under the credit agreement.

LLC “Consumer Center” was refused to satisfy the claim. From the information provided to the court, it is impossible to establish that the disputed credit agreement, concluded in electronic form using a telephone number, was concluded with the husband, and not with another person who could use the specified telephone number.

“The plaintiff claims that on October 26, 2023, between him, Consumer Center LLC, and the defendant, a credit agreement was concluded by signing an application, which is an integral part of the agreement. The defendant denies the fact of concluding the credit agreement, as well as denying the use of the number of the mobile operator of Kyivstar PJSC, with the help of which, according to the plaintiff, the disputed credit agreement was concluded. In compliance with the court’s decision to demand evidence from On 08/28/2024, the court received information from Kyivstar PJSC, according to which the telephone number is listed as “Active” and electronic communication services under this number from 10/01/2023 to 08/28/2024 are provided impersonally (anonymously), without concluding a written contract and the number is not registered to any person the disputed credit agreement concluded in electronic form with the help of a telephone number was concluded with the defendant, and not with another person who could use the specified telephone number. To confirm the fact of providing credit funds under the agreement, “Consumer Center” LLC provided a copy of the Liqpay receipt dated 10.26.2023, the content of which shows that on 10.26.2023 to the JSC KB VISA card/account At the same time, funds in the amount of 13,000 hryvnias were transferred to “PrivatBank” in order to fulfill the court’s decision to request evidence from 28.08. In 2024, the court received a letter dated September 16, 2024 from JSC CB “PrivatBank”, from which it was established that the defendant does not have open accounts with JSC CB “PrivatBank”. Thus, the defendant did not receive credit funds under the disputed credit agreement, accordingly, he has no debt obligations to the plaintiff,” the court emphasized.

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