Mobile phone debt with fraudulent contract

[Uptotheneck]

Hi Guys,

 

Trying to help a good friend with a challenge

 

She was living with a partner, he took out a mobile phone contract over the internet in her name, consequently he didnt pay the bill.

 

Now Past Due collections are chasing her for the debt.

 

Is there anything that can be done.

 

Thanks in advance.

 

David

[dx100uk]

whom with and how old?

 

sounds like fraud to me

 

dx

[BRIGADIER2JCS]

Was anything done about the ohone account

being fraudulent at any time before now.

 

The first point not to speak to Pastdue on the phone.

 

Your friend needs to check her credit reference file to

see if the account is shown on the records.

 

In the meanwhile send the following to the DCAs compliance

manager.

 

Ref: xxxxxxxx

 

Dear Sir or Madam,

 

I refer to the debt for £xxxxx which you allege is owed by me,

please take note I do not acknowledge any debt to you or any

company you may claim to represent.

 

I am not now nor ever have been a cusomer of xxxxx xxxxxx and

have not at any time subscibed to their services.

 

I must therefore conclude that any such account and related debt

has arisen due to fradulent activity by some thir party.

 

Therefore I do not accept any liability for the alleged.

 

Send RD any wait to see what they come up with.

[Uptotheneck]

Brilliant, Thanks for the help, The debt is only about a year old, she is trying to get an incident number from the police but they seem unwilling to issue one

[BRIGADIER2JCS]

If you visit a police station and ask to speak to a senior

office inspector or above and tell tham you wish to make

a complaint about this matter, it is a crominal matter what

ever they may say.

[Uptotheneck]

Letter sent, awaiting reply. Thanks again

[Uptotheneck]

My friend has managed to get an incident number from the police, but they say no action will be taken unless BT reports the fraud

[BRIGADIER2JCS]

The incident number should be enough to convince the provider

that there is something that needs investigating.

[2Grumpy]

Now that your friend has the police incident number she should do as brig says and pass that number on to the phone provider and DCA. As well as that, she should forceably and robustly tell them that it is up to them to sort this out with the police and to confirm that it is nothing to do with her. She should also push to get any adverse comments removed from her credit reference file sooner rather than later.

[BRIGADIER2JCS]

Use This

Send to DCA and phone provider.##

 

DCA,

FAO THE COmPLIANCE MANAGER

 

Ref: Phone Account Fraud.

Their Ref:xxxxxxxxx

 

 

Dear Sir Or Madam,

 

Further to your recent correspondence in referenece to the mobile

phone account opened fraudulently in my name,I must remind

you that I do not acknowledge any debt to you or any company you

may claim to represent.

 

I have reported this matter to the police at xxxxxxxx station and they

have issued an incident number regarding this fraudulent account.

 

I now therefore require you to cease proceesing any data relating to me

and to remove it from your records any further contact ftom you will be

treated as harassment and suitable action will be taken, bearing in mind

that this matter is now in the hands of the police you should return this account

to your ''client'' forthwith.

 

A copy of this letter is being posted to your client by recorded delivery.

 

Ok.

[2Grumpy]

Do check your friend's Credit Reference file because some mobile phone suppliers update credit files, especially Vodaphone.

 

If there are adverse entries, you should put in your letter that you require them removing (or add something like ... "and remove any entries made in any credit reference agency files")

[Uptotheneck]

An update, the DCA has replied with another payment deadline, seem to have totally ignored the letter we sent

[locutus]

Well, what's good for the goose....

 

Time to ignore the DCA I think, concentrate on the organ grinder not the monkey. Personally, in your friends position, I'd do the free trial of credit expert. This is for 2 reasons, 1st to see if this debt shows there (and if so we'll tell you how to deal with this) and 2nd to check any other accounts that may have been opened in your friends name that your friend is oblivious to at the moment. Cancel the free trial before 30 days is up and it will be free

[2Grumpy]

Yes, there are distinct issues here

 

The DCA has been told that there has been fraudulent activity, no debt owed by your friend and to return it to their client. If they don't, she should make a formal complaint to the DCA and make it clear that she will follow this up with a complaint to the FOS if they don't stop immediately.

 

As far as the mobile provider is concerned, they should investigate, but your friend should not accept their decision if they say that she is liable. She might have been frightened of her ex and so not said anything. Definitely get her to check her credit reference because many mobile providers report missed payments to them.

 

Who is the mobile provider? If it's voda then the rep here might be able to help