Is This Fraudulent?

[Blue Thunder]

Scenario:

Ex wife left house in July this year.

I remained in marital property (in joint names although I have always paid the mortgage and all bills).

 

 

Divorced in November 15. She had already changed her name back to her pre-married name prior to moving out.

She didn't turn up for Financial Order hearing at court - this has been adjourned until March16.

 

 

I received post addressed to her former married name and as it was from a phone Company I was suspicious and opened it.

 

 

2 letters - one a Bank DD mandate confirmation and the second a Phone Bill for a new phone and two year calling plan

- all made out in her ex name and at an address she doesn't live at.

 

 

Whilst she still may have a legal claim against the house

- I believe this to be fraudulent activity -

 

 

any advice/comments would be welcome before I throw more money at my costly Solicitor.

 

NB. Phone has not been delivered to this address

- so she obviously sorted that one out with them or collected it.

 

 

Also - shes no longer on electoral roll at this address so don't understand how shes managed to do it?

[martin2006]

I would write back to the mobile company and state "not at this address" and include her new address if you have it. I would also be sending it to CEO's office and adding in a complaint about how she could obtain credit when not on the electoral roll at your address.

Keep a record of the account numbers and mobile number in case you need to get back in touch with them.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[citizenB]

I think at the very least you need to write to her and advise her not to continue taking out credit - contracts, using an address that she no longer lives at, especially if it results in problems for you if you are going to remain in the property.

[citizenB]

Will the property be sold and the proceeds split ? If her name is still on the mortgage, I think my concern would be that an attempt to secure debt on it might be made !

 

You can set up an alert with the Land Registry that will advise you if searches have been made

 

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/hc5BC4JAEAXgnzSzM-O6Hu3gugRJGJRziT1IGLpeot9fdqso5_bge48Bhc4UBQoJUQ4n0BTvwyXehjnFcclqz0xOjBGqHdscQ1Z5NoeMUfgJuj_Am7V-2yc4gn6wpiox8KbZet4Tov0C7zuOVsDyxwvgjysRdvU89TDp6NpwlQclu3xj/dl4/d5/L0lDU0lKSmdrS0NsRUpDZ3BSQ2dwUkNTQS9ZSVVJQUFJSUlJTU1JS0VFQUFDR09HT0NHSUJKRkpGQkpORE5EQk5ISUVBTExBISEvNEczYUQyZ2p2eWhDa3lGTU5RaWt5RktOUmprS2NhZ21Rb2dnL1o3XzMyODQxMTQySDgzNjcwSTVGRzMxVDUzOFY0LzAvaWJtLmludi8yODEyNjYyNjczMTAvc3BmX0FjdGlvbk5hbWUvc3BmX0FjdGlvbkxpc3RlbmVyL3NwZl9zdHJ1dHNBY3Rpb24vITJmUURTZWFyY2guZG8!/

[steampowered]

The DD confirmation isn't fishy. She probably just forgot to tell the bank her new address.

 

The letter regarding a new phone is strange. She may have given the old property as her billing address to get the transaction through, if her debit/credit card is registered to your address.

 

As long as the letters are in her name, so she isn't trying to use your name to get credit, personally I would not worry about it.

[Ganymede]

Scenario:

Ex wife left house in July this year.

I remained in marital property (in joint names although I have always paid the mortgage and all bills).

 

 

Divorced in November 15. She had already changed her name back to her pre-married name prior to moving out.

She didn't turn up for Financial Order hearing at court - this has been adjourned until March16.

 

 

I received post addressed to her former married name and as it was from a phone Company I was suspicious and opened it.

 

 

2 letters - one a Bank DD mandate confirmation and the second a Phone Bill for a new phone and two year calling plan

- all made out in her ex name and at an address she doesn't live at.

 

 

Whilst she still may have a legal claim against the house

- I believe this to be fraudulent activity -

 

 

any advice/comments would be welcome before I throw more money at my costly Solicitor.

 

NB. Phone has not been delivered to this address

- so she obviously sorted that one out with them or collected it.

 

 

Also - shes no longer on electoral roll at this address so don't understand how shes managed to do it?

 

What business is it of yours how she obtained it or if it's fraudulent?

 

What would you need to instruct solicitors for?

 

I can imagine it's annoying having a letter come to your house but return to sender marked no longer at this address.

 

The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers.

[Blue Thunder]

What business is it of yours how she obtained it or if it's fraudulent?

 

What would you need to instruct solicitors for?

 

I can imagine it's annoying having a letter come to your house but return to sender marked no longer at this address.

 

The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers.

It's every business of mine. Using my name and my address to dishonestly obtain credit and a phone. If it's fraudulent then it's illegal. Simple. Then the law can deal with it the way it sees. But thanks anyway for your comments.

[Blue Thunder]

The DD confirmation isn't fishy. She probably just forgot to tell the bank her new address.

 

The letter regarding a new phone is strange. She may have given the old property as her billing address to get the transaction through, if her debit/credit card is registered to your address.

 

As long as the letters are in her name, so she isn't trying to use your name to get credit, personally I would not worry about it.

Thanks for the response.

[martin2006]

What business is it of yours how she obtained it or if it's fraudulent?

 

I am stunned by this comment.

 

Maybe ganymede could explain how its NOT any of the OP's business given that credit has been granted to somebody not living at that address, ex wife or otherwise.

 

Having gone through exactly the same scenario myself with my ex wife thinking its acceptable to obtain credit whilst no longer living at the marital address and the subsequent 5 years of dealing with the bailliffs and the aftermath of DCA's. let me assure you in no uncertain terms that it is absolutely not a mere inconvenience.

[AndyOrch]

Would it not be prudent to nip this in the bud before it got to this stage Gany ?

 

" The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers."

 

Regards

 

Andy

[Ganymede]

Would it not be prudent to nip this in the bud before it got to this stage Gany ?

 

" The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers."

 

Regards

 

Andy

 

That's why I told him to return to sender.

 

We don't all have to agree all the time.

[AndyOrch]

That's why I told him to return to sender.

 

We don't all have to agree all the time.

 

Not exactly going to resolve it though is it?...we could all send back post " No longer at this address "

[Ganymede]

Not exactly going to resolve it though is it?...we could all send back post " No longer at this address "

 

The OP could write a cover letter explaining but the problem is if he calls the phone company they are likely going to refuse to speak to him as he isn't the account holder and they will use DPA as an excuse.

 

He could go to the Police, but I doubt they'd be too interested as the ex-wife passed a credit check etc and is still registered on the deeds of the address in question as far as I understand.

 

Best thing to do is to speak to his ex-wife, however I see absolutely no reason for the OP to pay for a solicitor to deal with this.

[Blue Thunder]

The OP could write a cover letter explaining but the problem is if he calls the phone company they are likely going to refuse to speak to him as he isn't the account holder and they will use DPA as an excuse.

 

He could go to the Police, but I doubt they'd be too interested as the ex-wife passed a credit check etc and is still registered on the deeds of the address in question as far as I understand.

 

Best thing to do is to speak to his ex-wife, however I see absolutely no reason for the OP to pay for a solicitor to deal with this.

 

For the record. The split wasn't at all amicable. So there's no dialogue. And this just isn't on. Deeds is one thing. Fraudulent application is another. I was hoping for something a little more structured if somebody had a legal opinion. Maybe I should never have opened the mail. But I smelled a rat!! And it was proven.

[stu007]

Something we also need to consider is the opening of mail that was intended for someone else.

 

It is against the law to open, destroy, hide or delay any post that is addressed to someone else. This is set out in the Postal Services Act.

 

Citizens Advice link: https://www.citizensadvice.org.uk/consumer/post/post/problems-with-post/problems-with-post-delivery/your-post-is-being-opened-or-tampered-with/

 

Postal Services Act 2000 link: http://www.legislation.gov.uk/ukpga/2000/26/contents

 

Crown Prosecution Service link: http://www.cps.gov.uk/legal/a_to_c/communications_offences/

(Go down page and click on "Interference with Mail")

[martin2006]

Write to the phone company informing then that she doesnt live there and didnt when the account was opened, if you have a forwarding address for her, advise them accordingly.

 

I doubt you will get anywhere going down the fraud route

.

There is little more you can do from a legal point of view while she remains on the deeds, so unless you can buy her out, you are in the same boat i was in.

 

Also be aware that even tho she is not living there, as long as she remains a co owner she can come back and move in anytime she chooses.

 

I know u dont want to hear that but she can if she wanted to.

[Ganymede]

For the record. The split wasn't at all amicable. So there's no dialogue. And this just isn't on. Deeds is one thing. Fraudulent application is another. I was hoping for something a little more structured if somebody had a legal opinion. Maybe I should never have opened the mail. But I smelled a rat!! And it was proven.

 

What kind of legal opinion were you after?

 

One that agrees with you? Bear in mind we only have your side of the story...

[king12345]

I second the opinion of others suggesting to contact the phone company and give them her new address (and name).

If they refuse to deal with you, you could write to the CEO and inform them in writing.

At least if she defaults you would have something to show the dca or bailiffs