Mobile phone contract used by ex

[SSH10]

Firstly hello, I’ve just joined so I’m not sure if this is the right place to post. 

Last year I was looking at my credit report and noticed a mobile phone contract I didn’t recognise with 02 I called them to find out what was going on. I cancelled it there and then only to get a very irate phone call from my ex of 8 years ago saying he was using it as his business phone! 

I don’t know how he’s managed to take the contract out in my name and get the upgrades etc without coming to my house. He lives about 30 miles away from me. 

He then said it was a contract we had taken out when we were together probably 10+ years ago. I honestly don’t remember doing it. He’s now left me with a bill of £265 to pay and is refusing to pay it!

Before I go to O2, the Police or whatever

is there anything I can do?

I really can’t believe the cheek of it especially when he has a new partner and she could have got him a phone.

I’m really blazing about it all!

any advice gratefully received,

thank you for reading. 

[honeybee13]

Hello, welcome to CAG. 

This sounds strange. How has your ex been paying for the phone contract?

Best, HB

[SSH10]

Tbh I really don’t know. I’m guessing DD. No money has come out of my account for it, I have checked that 

[Grotesque]

I suppose the £265 bill comes from cancelling the contract early? I don't really see what he had to gain by keeping the contract in your name if he was willing to pay the debits himself it all sounds dead odd.

[BankFodder]

One of the problems here is that while you sort it out, O2 will blight your credit file which will cause you problems for at least six years.

This can you afford to pay the £265? Although you may not be happy about it, I would say that the best course of action is to pay the money to at least get O2 off your back and to look after your credit file and then sue your ex for the £265.
We can help you do this.

I'm afraid that the police won't be helpful and O2 won't be helpful. They just want their money.

At the same time you better have a detailed look to make sure that there aren't other contracts out in your name.
I would suggest also that you send 02 a subject access request to find out how long the contract has been out in your name and probably other interesting information.

It's in your name so even though it is your ex's telephone, you will have access to all the data on that. Do that now. It's completely free but I think you should settle the £265 so that you aren't saddled with a load of trouble for quite a long time

[Homer67]

I'd be reporting it to the Police as fraud and getting a crime number as well so at least he gets a visit/letter from Plod to come in for an interview, that might scare him into paying it and not doing anything similar again.

[Ethel Street]

3 hours ago, Homer67 said:

I'd be reporting it to the Police as fraud ...

Why would the police investigate it as fraud when the OP has suffered no loss and there is no evidence that her ex has done anything with intent to defraud?

OP says her ex has been paying all the phone bills and there are no arrears on the account that OP is being asked to pay so OP hasn't lost any money.

The £265 appears to be the charge for early cancellation but it was OP who cancelled not her ex.

[Homer67]

@Ethel Street if the ex didn't have the contract in place before they were an ex and as quoted they took it out in the other party's name, then it's fraudulent to take out a credit agreement at an address you no longer reside at and in someone else's name.

Edited January 22 by Homer67

[AndyOrch]

On 18/01/2024 at 13:22, SSH10 said:

He then said it was a contract we had taken out when we were together probably 10+ years ago. I honestly don’t remember doing it. He’s now left me with a bill of £265 to pay and is refusing to pay it!

But he did allegedly  and is therefore liable to pay the cancellation fee also. 

[dx100uk]

2 hours ago, Homer67 said:

@Ethel Street if the ex didn't have the contract in place before they were an ex and as quoted they took it out in the other party's name, then it's fraudulent to take out a credit agreement at an address you no longer reside at and in someone else's name.

an airtime contract is not a credit agreement

[Ethel Street]

2 hours ago, Andyorch said:

But he did allegedly  and is therefore liable to pay the cancellation fee also. 

 

Hmm, not sure about that.

As the contract isn't in the ex's name, and it was OP who cancelled it (without discussing or consulting with her ex) and it seems ex didn't want it cancelled isn't OP legally liable for the cancellation charge?

It all seems very unclear how the contract originally came to be taken out but as the contract is in OP's name the phone company will hold OP liable for the £265.

So I agree with Bank Fodder that OP should pay the cancellation fee to avoid compromising her own credit history. 

We are assuming it is a cancellation fee, and that it is correctly calculated under the contract, although neither have been confirmed by OP.

 

 

 

 

[AndyOrch]

If it was taken out over 8 years ago

19 hours ago, Ethel Street said:

As the contract isn't in the ex's name, and it was OP who cancelled it (without discussing or consulting with her ex) and it seems ex didn't want it cancelled isn't OP legally liable for the cancellation charge?

Not if he taken it out fraudulently using her name and if it was over 10 years ago

The OP has yet to speak to O2 to find out when taken  out or what default consequence's will follow.

 

.

[Ethel Street]

5 hours ago, Homer67 said:

@Ethel Street ....it's fraudulent to take out a credit agreement at an address you no longer reside at and in someone else's name.

Not by itself it isn't, even if it were a credit agreement and even if that is what happened (which is not clear).

For it to be fraud by (mis)representation the ex would have to have taken out the contract with the INTENTION of defrauding the OP or phone company. Fraud Act 2006 s2 (1) (b).  'Dishonest intent' is an essential requirement for it to be fraud by (mis)representation.

Police will not be interested because the ex's subsequent conduct in paying the bills himself for 8+ years and never defaulting is incompatible with an intention to defraud. 

OP can of course report it to the police as a crime if she wishes but that, and the fact she hasn't actually suffered any loss herself,  is why I think she would be wasting her time.