Question 12887 — banks and financial institutions

Summary

Mr. Alexandre Allegret-Pilot draws the attention of Mr. Keeper of the Seals, Minister of Justice, to the serious consequences of identity theft for victims. In his constituency, he was contacted by a citizen who was the victim of identity theft which led to the fraudulent subscription of several financial commitments in his name. This situation plunged him into unjustified debt, accompanied by entries in files incidents and repeated reminders from recovery organizations. Beyond the financial loss, this individual finds himself engaged in a long, complex and trying administrative and legal journey. Despite the filing of a complaint and the steps taken to have his victim status recognized, he still has to contest the claims, multiply the supporting documents and respond to procedures for which he is not, however, responsible. the origin. In fact, the burden of proof seems to fall mainly on the victim, so if it seems that the banks have failed to fulfill their verification obligations or that the latter are insufficient. This situation places the people concerned in what seems, for many of them, to a truly Kafkaesque journey: they must demonstrate their innocence, request the suspension of unjustified prosecutions. and sustainably bear the financial and personal consequences of the offenses they suffer. This case is not isolated. Many victims of identity theft encounter fragmented procedures, long delays and sometimes insufficient coordination between investigation services, judicial authorities and creditor institutions. In this context, he asks: what measures the Government intends to take to to ensure rapid and effective protection for victims of identity theft; if it considers the establishment of a mechanism allowing the provisional suspension of proceedings and entries in incident files once a complaint is filed and deemed admissible; if a change in the legal framework is being studied in order to better regulate the burden of proof and protect victims from creditors, thus ensuring that identity checks are effective when granting financial assistance by a credit institution; if necessary, what actions are being taken to improve coordination between judicial authorities and financial institutions in order to prevent victims from remaining penalized in the long term.

Machine translation from French. The official text remains authoritative.

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