Ex husband taken out mobile contracts in my name, help!

[BrandiBroke]

First of all, I am posting this on behalf of a friend who has no internet currently.

 

To cut a long story short, she has recently split up with an abusive partner and since he has left the family home, bills are beginning to surface that she knows nothing about. When they were together he controlled all the family finances and denied her access to all the bills, bank accounts, anything involving money, basically! Over the years, it would seem that he has borrowed money in her name and taken out several mobile phone contracts in her name. Some of these she knows about as he forced her into signing the contracts in person, in the shop but others she does not know about as it is likely he took them out online, using her details.

 

Today she has received a letter from DLC (Direct Legal & Collections) demanding £1761.24 against a Vodafone account. Not sure really how to proceed from here, she knows nothing about this account but it is possible that they have a signed agreement......

 

She understands that she is most likely liable for this debt but is not in any position to pay as she is in receipt of benefits (she has four young children) and not working at present.

 

Any advice gratefully received.....

[MrShed]

The possibility of a signed agreement isnt really good enough - we need to know whether she signed this SPECIFIC agreement or not.

 

If she didnt, this is fraud.

 

If she did, it will need to be treated as a standard debt issue.

[BrandiBroke]

Ok, fair enough but she doesn't know as there were so many over the years ( I appreciate this makes her sound woolly lol but you didn't know her husband!) Should she write to DLC requesting proof of debt? Also, if there is no signed agreement how would she go about proving he opened the account fraudulently?

 

Many thanks

[MrShed]

She should write to the DLC placing the account formally into dispute, and issue a CCA request.

[bordercollie]

She needs to ask DLC for a copy of the original signed Vodafone Agreement (do this in writing) to check if she indeed signed it, or not.

 

DLC have to supply this if requested.

 

If she didn't sign it, she has no legal responsibility for any of this debt- it will be her ex-partner's business and DLC cannot chase her for repayment.

 

If she DID sign it, then she unfortunately will be responsible for repayment, but she could always consider taking a Civil Action out in the County Court to recover some or all of the outstanding balance due, from her ex-partner, but she would have to prove that he exclusively used the phone, and made all the calls from the handset.

 

If she did sign the contract, my advice would be to go to her nearest Citizens Advice Bureau, and get help completing a personal Financial Statement Form, which details her income and expenditure over a monthly period. She would need to provide a copy of her proof of income, such as a DWP Benefit Award letter, etc.

 

Hopefully if she then sent all these to DLC, then they would either accept a token repayment amount of, say, £6 a month, or as has happened to other people I know, they have written off the debt.

 

But whatever she does, make sure she KEEPS COPIES of all correspondence sent and received by her.

 

Best of luck,

 

Border Collie of Scotland.

[MrShed]

If she DID sign it, then she unfortunately will be responsible for repayment, but she could always consider taking a Civil Action out in the County Court to recover some or all of the outstanding balance due, from her ex-partner, but she would have to prove that he exclusively used the phone, and made all the calls from the handset.

 

Moreover, she would have to prove a contract existed between herself and her ex partner for him to repay any such usage - difficult at best, as such an agreement probably didnt exist!

[buzby]

Mr Shed - you really need to amend your post above. Mobile Phone contracts have no relevance to the CCA, you are just perpetrating further confusion. See here: http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Further, there is no requirement to 'sign' a contract, payment of same is good enough to confirm the existance. Being 'wooly' about what a formaer partner did or didn't do won;t cut it - if the address the communications came to was still hers, then she'll have one heck of a job to persuade anyone it was without her knowledge.

 

The first thing to do is contact the CRAs and ask to be disassociated from the former partner's affairs, then go through all the correspondence from those firms there is confusion over, stating there is a problem in that she has no knowledge of the arrangement and see what solutions they offer.

[MrShed]

I would be interested to see evidence that a mobile phone contract is not a credit agreement.

 

Everything I have ever seen, other than your post, points to the contrary.

[buzby]

How about the fact NONE of them require to be regulated?

 

I'm afraid just because YOU don't believe it - doesn't mean the ARE - as for your last point. Just use a bit of dilligence, and you'll see all the post where the networks (and DCAs) smarmily reject CCA requests).

 

But I have to ask you this - why on earth would you be misled into thinking that a mobile phone contract involves 'credit' (the "purchase" of money?). No mobile network provides credit (as defined by the FSA). You get a bill and it must be paid off at the end of 30 days. No credit is allowed.

 

I don't mind you burying yourself, but not other CAGgers who will take your misinformation at first hand.

[MrShed]

I'm afraid just because YOU don't believe it - doesn't mean the ARE - as for your last point. Just use a bit of dilligence, and you'll see all the post where the networks (and DCAs) smarmily reject CCA requests).

 

 

I don't mind you burying yourself, but not other CAGgers who will take your misinformation at first hand.

 

Hang on just a minute.

 

I asked you a question - I never said what I have stated is gospel.

 

All I said is that everything I have read is to the contrary, and what is the reasoning behind it not being a credit agreement.

 

Lose the attitude Buzby - you are a credit to this forum, but your attitude when someone dares to ask you to back up what you say, or queries, is pretty poor.

[buzby]

Afraid it's your attitude that's the problem. I have no need to 'back up' something that has been so firmly established by the industry and the regulators, that it needs a re-evaluation from scratch. From memory, the T-Mobile website actually lists the terms and conditions of the contract, and it is also explained the agreement is not regulated. under the CCA.

 

If you want more - a look or query to Financial Ombudsman will confirm this also - as will this forum from members who have been over this ground and discoveredd it a non-issue.

 

I don't know what question you asked - I'm not a mobile network, perhaps you should ask them? As for the reasoning why it is not a credit agreement, how does it not been an agreement to obtain credit - or is that to off-the-wall to conteplate?

[MrShed]

So you respond to a question I asked you with terminology such as "it doesnt matter whether YOU believe it" and saying you dont mind me digging, and you think its my attitude?

 

OK Buzby...

[locutus]

OK back to the issue at hand, a DCA cannot collect if a person is unsure if the debt is theirs, as this is the case, get your friend to write to the DCA stating they dispute this debt and will deal with Vodafone.

 

She should ask Vodafone when the contract was taken out, and also ask if they have a copy of the contract or if taken out over the phone, if she can have a recording of this.

[MrShed]

Also - it would be interesting to see, as buzby says paying for it would establish a contract, WHO was paying for it...

[BrandiBroke]

Thanks for all the advice so far guys It really is a nightmare situation and I'm pretty certain this is just the start of it. She has been with this guy for nigh on thirteen years and he has bullied her terribly from day one. To get him out the house has involved the police and court orders, not to mention a great deal of courage. Over the years he literally frog-marched her into mobile stores and set up contracts in her name, at the time she couldn't say no. From what I understand, these phones were often sold by him not long after.

 

It is not known whether he paid anything toward the bills, she certainly didn't as she wasn't allowed access to the bank accounts, he dealt with all the finances. To be fair, a bill of £1700 suggests to me he never paid them a penny

 

As I said before, she understands she is probably liable for anything in her name and unfortunately I know mobile phone contracts aren't covered by the CCA, hence advice is needed. For the time being I have printed her a copy of the prove it letter, hopefully they'll send her some paperwork and she may find out a little more info regarding this particular debt.

 

As I said, I've a feeling this is just the beginning......thanks again folks.

[MrShed]

 

It is not known whether he paid anything toward the bills, she certainly didn't as she wasn't allowed access to the bank accounts, he dealt with all the finances. To be fair, a bill of £1700 suggests to me he never paid them a penny

 

If that were the case, it may well work significantly in her favour...

[bordercollie]

....bills are beginning to surface that she knows nothing about. When they were together he controlled all the family finances and denied her access to all the bills, bank accounts, anything involving money, basically! Over the years, it would seem that he has borrowed money in her name and taken out several mobile phone contracts in her name.

 

Referring to the original post for this poor lady, and what was said as per quote above, it might be a good idea if she got an up-to-date Credit Search Report carried out, as soon as possible, to see exactly what is outstanding in her name.

 

For all she knows, there could be a few more 'nasties' hidden in the woodwork.

 

It all sounds a nightmare which will take a lot of work and time to unravel.

 

Border Collie of Scotland

[MrShed]

it might be a good idea if she got an up-to-date Credit Search Report carried out, as soon as possible, to see exactly what is outstanding in her name.

 

Couldnt agree more - excellent advice.

 

It will be a difficult and upsetting process, but better that she knows what she is up against.

[BrandiBroke]

Yup Border Collie, I think you're right! I have already advised her to send off for her credit report and I don't think it's going to be pretty either. However, I'm trying not to overwhelm her as she's got a lot going on right now - her benefits aren't yet sorted so she has no money plus dealing with solicitors and the police as he is being prosecuted for the abuse, court case coming up in a week or two.

 

Despite all this though, kicking him out was the best thing she ever did, bless her

 

And thank you too MrShed

[car2403]

Just to clarify, Mobile Phone contracts are service contracts - you pay, the mobile phone company provides the service.

 

As there is no credit, (the bills having to be paid within a certain period, in full) to speak of, there is no credit agreement, so the Consumer Credit Act doesn't apply in these instances.

 

These are similar to contracts for Gas/Electric, etc, etc.

 

HTH.

[fredbassett]

Hi, Brandibroke, Have you contacted the Vodafone Web Forum on behalf of your friend? She will need to authorise you to help her deal with the account. As other people have mentioned, getting a copy of her credit file is really important. It would be best to get one from Experian and one from Equifax as not all lenders report to all three credit reference agencies (there is another one called Callcredit but Experian/Equifax are the biggest two) - this way she will see exactly what has been taken out in her name. In the case of Vodafone it would be worth contacting the Web Forum advising the situation. Rather than worry about the ins and outs of whtether a contract was signed (using the service and paying for it has tended to be taken as acceptance of the airtime agreement) she should ask for it to be investigated by the Fraud Team - if the application was processed over the internet it may be possible to prove impersonation fraud. If it was taken out in a shop she may be able to prove some sort of coersion - to prove this she will need to back this up with as much evidence of her ex's behaviour as possible - i.e. police reports. If she can provide this they may be willing to come to some sort of arrangement to either pay in instalments or reduce the debt. Another thing - dont forget he still knows all her personal details so she should get herself either registered with CIFAS - she needs to ask to be put on the protective register - this means whenever she applies for credit the lender has to follow more rigorous checks. She can also add a Notice of Correct to her Credit File with Experian, Equifax and Callcredit stating a certain password and advising that no form of credit must be given unless the password is quoted.

 

Finally - good luck to your friend and dont forget that the CAG and Citizens Advice Bureau etc will offer her support and advise regarding her finances.

[BrandiBroke]

Thanks Fredbassett, that is excellent advice. I think what I am going to do is print all this off for her as I've received so much good advice Hopefully she'll be able to sort out her internet connection soon and register here herself.

[Lee Vodafone Company Rep]

Hi BrandiBroke,

 

We'd certainly like to take a look at things here to see what we can do to help your friend.

 

To help her to get in touch with us she'll just need to email her details following the instructions in our pinned thread here.

 

Thanks and look forward to hearing from her soon.

 

Lee

 

Web Relations Team

 

Vodafone UK

[car2403]

FYI, everyone;

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/213340-vodafone-webteam-customers-problems.html