Debt that isn't mine - how to prove

[kwallis88]

Hi all,

 

In August 2010 I took out a new phone contract for my then boyfriend in my name as he wasn't working. (Stupid I know!)

 

We broke up in March/April 2011 and he had just got a new job. So together (when things were still amicable) we decided to change the phone contract into his name, address and debit card details. Orange said this was all fine and very quickly changed it all over. By the next billing date, only the statement for my phone showed on my online account with Orange. Only DD payments were taken for my phone. IT had all been transferred over to his name, address and DD details - that was all fine.

 

However, unknown to me, in November 2011 my ex stopped paying his bills. Racked up a debt of £160.92. I never received any phone calls or letters to my address regarding this.

 

Then in September of this year I had voicemails from Moorcroft Debt Recovery. I have been with them before for debt management but not for a good couple of years. They said I owe money for unpaid Orange contract bills - I explained that my phone had never been cut off in the 5 years I had been with them and all DD came out as usual. They then read out a mobile number that I recognised then my ex's address. I explained what we had done with Orange when we broke up and no correspondance had been sent to my address. Moorcroft were happy with this and raised this query with Orange.

 

Yesterday I received through a letter stating possible litigation. This panicked me. I rang back Moorcroft and they explained that Orange had taken so long getting back to them, the account automatically became unfrozen, so they put it on hold again and said they would go back to Orange.

 

I decided to ring Orange myself. I explained all of the above. According to the Orange advisor, letters have been sent to his address but with my name on them since this time last year and the account is still in my name (despite being told in March/April 2011) that it wasn't so I was liable to pay. I explained that when we transferred the account to his name, address and DD details I thought it wasn't anything to do with me anymore as the bills for that phone aren't on my statements etc. He couldn't answer me but he did say my ex was sly about ignoring the letters in my name that have gone to his address - he must have known he wouldn't get chased for payments.

 

He advised me to go to Citizens Advice Bureau etc. But what else can I do? I do not want to go to court over a debt that isn't my fault. I do not qualify for legal aid.

 

Thank you in advance for your help!

[i hate bailiffs]

Stay off the phone to morecroft if they ring refuse to answer security questions and say in writing only

 

I doubt this debt would ever go to court if it did as it is not yours you can defend it easily

 

deal with orange in writing would be the way forwards with prof of posting

[BRIGADIER2JCS]

Hi welcome to CAG.

 

Have you kept any documents regarding the change of account ownership, if not this will be difficult to challenge.

 

I have one suggestion that may bring evidence to light make a Subject Access Request under the Data Protection Act 1998 to Orange this oliges them to produce all data that they hold on the account there is a £10 statutory fee to pay Orange have 40 days to comply, us the template from the CAG library and amend to suit.

 

Make a clear request for ant telephone all transcripts for thev call you made to change the account and the call relating to the confirmation.

 

Tell Moorcroft you have done so.

[kwallis88]

Hi all, thank you for your replies. I am feeling slightly better that there is something I can do. I will avoid calls from Moorcroft and Orange now.

 

There were no documents sent to me - just evidence in bank statements and my online account for statements with orange that the contract in question didn't exist to me after the changes were made.

 

I will send off those documents and letters this week as well as a request for the transcripts for all calls made regarding the account to Orange.

 

Hopefully I will have some good feedback from them, I am prepared for a battle!

[BRIGADIER2JCS]

Address the letter to the Compliance Manager Data Controller and send recorded delivery.

[Toque]

As previously suggested, use a SAR to ask Orange for copies of every document relating or referring to you. That will include telephone conversations and all the correspondence that they have sent out.

 

As these things go wrong so often, it's best to avoid doing anything like this (account transfers and so on) over the phone. If you do, either ask them for confirmation in writing, or follow it up in writing yourself, repeating the content of your telephone conversation (that's what solicitors do).