Debt that isn't mine - how to prove

kwallace · 4 November 2012 at 12:22PM

Hi all,

In August 2010 I took out a new phone contract for my then boyfriend in myname 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 intohis name, address and debit card details. Orange said this was all fine andvery quickly changed it all over. By the next billing date, only the statementfor my phone showed on my online account with Orange. Only DD payments weretaken for my phone. IT had all been transferred over to his name, address andDD 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 myaddress regarding this.

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

Yesterday I received through a letter stating possible litigation. Thispanicked me. I rang back Moorcroft and they explained that Orange had taken solong getting back to them, the account automatically became unfrozen, so theyput 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 tothe Orange advisor, letters have been sent to his address but with my name onthem since this time last year and the account is still in my name (despitebeing told in March/April 2011) that it wasn't so I was liable to pay. Iexplained that when we transferred the account to his name, address and DDdetails I thought it wasn't anything to do with me anymore as the bills forthat phone aren't on my statements etc. He couldn't answer me but he did say myex 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.

What can I do? Ido not want to go to court over a debt that isn't my fault but due to my ex's lies and Orange's mistakes!

Valli · 4 November 2012 at 12:44PM

I am not a CAB adviser - until they get back to you this is what I would advise you do

1 - write a 'diary' of what happened when - date contract taken out; date transferred to ex boyfriend's name etc. Back this up with as much evidence as you can; bank account details; direct debit payments made - from where, for how much etc.

2 - gather as much paperwork - e mail copies; transcripts of calls etc.

3 - DO NOT PHONE anyone. DO NOT let them phone you - tell them to put everything in writing.

If no-one from CAB gets in touch WRITE to Orange with a CC to the debt relief agency. DENY responsibility for any debt accrued since the date of the account transferring to the ex BF.

Dear orange
re phone number (number) account number (number)

On (date) the above numbered account and telephone was transferred to (name of ex). I therefore DO NOT ACCEPT ANY LIABILITY for any outstanding charges on the above-detailed account. Moreover I hereby request that you cease any and all attempts to bill me for these debts.

I request that you confirm, in writing, within 28 days of the date of this letter that I have no liability for the above debt.

Yours faithfully

(you)

RETAIN copies

PS I don't really work for a mobile provider either

Buzby · 4 November 2012 at 12:44PM

The problem you have is all that may have switched is who paid for the contract, not the responsibility for it. Do you have any proof of the contract being assigned to you Ex? Without this you remain liable until the minimum term is reached, where you can then give notice to terminate. It sounds as though the contract has been terminated adversely - so also check your credit file.

It is imperative you find out what actually happened when you initiated the 'transfer'.

kwallace · 4 November 2012 at 3:44PM

Hi,

Thank you so much for your replies. I will definitely send off that letter.

When I rang Orange in March/April of last year (when we put the account into his name), they assured me that the account is now under my ex's name, address and DD details. I was there with him when we made the changes.

There is no evidence on my credit files or on my online account with Orange - no e-statements, no record of this number etc, past April's bill. Moorcroft have his address on file and as do Orange as this is where they have been sending the letters.

I have never lived at that address and can easily prove that.

BobQ · 4 November 2012 at 4:21PM

I think something else you can do ask them to disable the phone. It will not get you out of paying any contract fees now or in the future but if they believe you are responsible for the contract you should be able to stop the phone being used. This might get your ex's attention.

I agree with the above that all they appear to have done is transfer the payment method and not the legal responsibility for the contract. All the more reason to cancel the contract as soon as you can do so. Legally the phone, contract and liability are all yours (unless you can get a categorical statement that it is not) so ask them to disable it as if it were stolen.

Errata · 4 November 2012 at 4:34PM

So together(when things were still amicable) we decided to change the phone contract intohis name, address and debit card details. Orange said this was all fine andvery quickly changed it all over

Do you have paperwork as evidence of this?

paddedjohn · 4 November 2012 at 9:57PM

I took out a contract for my daughter when she was 14, when she was about 19 I asked 02 to change it over to her name but the only way of doing it was to cancel the contract and my daughter start her own. I think the OP will find that since she tried to cancel her contract within 7 months of taking it out she will have to pay for the remaining months.

kwallace · 8 November 2012 at 9:54PM

Hi everyone, thank you for your replies. MY emails didn't notify me to new responses so apologies in replying.

Unfortunately there were no letters sent to me confirming the change of contract. But I do have evidence on my phone statements and DD debits. Orange confirmed letters went to his address (where I have never lived) and it kept his direct debit details.

paddedjohn · 9 November 2012 at 1:07AM

OP, they won't have changed the contract, just the method of payment so when he stopped paying they came after you.

Fire_Fox · 10 November 2012 at 8:34PM

IMO you really need written evidence from the time, and certainly to address this in writing now. I suspect you have misunderstood what has happened and this contract is linked to your account not a separate one. Direct debits prove nothing, phone statements possibly, your credit report is better evidence, why are they not lodging any defaults against you if it is your account?

Debt that isn't mine - how to prove

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