A Cockermouth pensioner has become the victim of identity theft and has issued a warning to others.

Len Davies, 75, of Windmill Lane, had no idea that someone had used his identity details until he received a letter from a debt recovery service on behalf of online buying and selling giants eBbay asking him to pay an outstanding amount from his account of £151.87 – an account which he does not have.

He said: “The real concern from me is that identify theft in itself is not a reportable crime. If you weren’t actually defrauded it isn’t a crime. At the moment I feel I have to prove I didn’t rather than I did. I’m not going to pay this money, I’ve done nothing wrong. I might end up in court, but I’m not paying anything.”

Mr Davies contacted Action Fraud National Fraud and Cybercrime Reporting Centre and was told: “On this occasion the matter you reported to us cannot be classified as a police recorded crime.”

He was astonished that taking someone’s identity is not a crime, thinks that the law should be changed and wants to warn others that identity theft is not a crime.

He has spoken to people at eBay and explained that he has never had an account, and their specialist team has looked into it, but he said he is still receiving letters from them asking for money.

Allerdale councillor for All Saints’ ward and Cockermouth town councillor Alan Smith is supporting him. He said: “Len is in that bracket of being a vulnerable person. He is a pensioner and hasn’t much social media activity, so he is a prime example of somebody whose identify could be taken. They aren’t on Facebook, or Amazon or Ebay, the only time Len would find out is when he gets a bill. He has been a councillor and mayor of Allerdale, so when this happened he questioned it, other vulnerable people might say ‘oh I’d better pay this’. It needs to be highlighted to the people out there that everyone is susceptible to this fraud and crime.”

Mr Davies has contacted his MP Mark Jenkinson, about the issue.

An eBay spokesman said: “We invest heavily in measures to protect our users from privacy and security threats, including investment in teams dedicated to safety, customer service and law enforcement liaison. From enabling two-step verification, to regularly changing your password, we encourage all members to take precautions that will improve the level of security protection on their accounts and We strongly advise that all eBay transactions are made directly on the eBay platform in order for buyers and sellers to be fully protected by our policies.”