can someone help please, abit of a weird situation

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  • kelevraz
    kelevraz Posts: 192 Forumite
    edited 2 July 2013 at 1:37PM
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    dtaylor84 wrote: »
    Technically you're right. But the alternative is that they pursue your dad for fraud. I suggest he pays up and settles the matter before it gets to that.

    thanks

    while i had the feeling that technically i was right, what im more curious to know is

    if i prove beyond a reasonable doubt that the person they are infact chasing for their money + affecting the credit file of is not me, will i also have to prove 'who' it is, because to my knowledge of the legal system and stuff, it isnt my duty to prove to them WHO it is, its just my duty to prove to them that it isnt me

    now, if they do persue my dad for fraud then, well that will be his own issue to handle, but as for me, i am only interested in having them take any negative credit notes off my credit file, which is what i think im ultimately trying to figure out if i can do

    edit - the reason i underlined but, is because, from your post i gathered what you were saying is, that there is only one alternative, which is they persue him for the money/fraud, which is why i said, does that mean that i will have to prove who it is, or that my duty will end at proving that it is not me
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    kelevraz wrote: »
    yeh experian know the whole story mate lol, but they cant remove anything without the phone companies approval, who have already said to them that 'all information was accurate', we must get permission from the phone company first lol

    What I mean is that he can sort this out by telling the phone company what he did. I don't know what the repercussions would be for him, but that would produce the best outcome for you. It's what I would be asking my dad to do, and I wouldn't expect him to argue. The only alternatives are for the record to stay on your file, or for this to be reported as fraud which is going to come back to your dad anyway, perhaps with difficult questions for your to answer as well.

    Bills have been sent to your name (near enough) and your address. Those bills have been paid and the phone has been used. That's a pretty substantial 'ghost'! As far as the company is concerned it's either your account or it's fraud that be easily traced to it's source.
  • kelevraz
    kelevraz Posts: 192 Forumite
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    shortcrust wrote: »
    What I mean is that he can sort this out by telling the phone company what he did. I don't know what the repercussions would be for him, but that would produce the best outcome for you. It's what I would be asking my dad to do, and I wouldn't expect him to argue. The only alternatives are for the record to stay on your file, or for this to be reported as fraud which is going to come back to your dad anyway, perhaps with difficult questions for your to answer as well.

    Bills have been sent to your name (near enough) and your address. Those bills have been paid and the phone has been used. That's a pretty substantial 'ghost'! As far as the company is concerned it's either your account or it's fraud that be easily traced to it's source.

    thats fine, they can trace the source, they will find its been him paying, its been him using the phone, and they will also find that it is NOT me. i wouldnt even have anything to hide if they asked me. at some point the question would have to be asked about a credit check, and then it will be down to them to answer what credit records they checked for this person? i was 15 at the time, there was no credit, and if they had known the person they were giving a contract to was 15 then they made a mistake

    sorry im not sure if this made sense ^^, im basically trying to say, that somewhere along the line, the company themselves have made a mistake, they mustve? because it doesnt make sense how they could be chasing a contract, that was created when the person who owns the contract wouldve been 15 at the time

    i would be lying if there wasnt a part of me that is curious how this is going to play out, the money will be paid by me/dad ONLY, if it looks like there is a default coming onto my file, because the fact remains, that he had a fall out with the company where he was actually in the right

    (he left his phone in his office drawer and locked the door, the janitor came in, cleaned the room and forgot to lock it again, camera's caught several students going into the room and coming out, but not what they did, the insurance company which was directly a part of the phone company itself, said they wouldnt give him another phone because he didnt do enough to keep the phone safe - he's a headteacher, leaving your phone in a draw in a locked room, couldnt really get much safer than that)

    so yeh, quite frankly i dont want to make it easy for the company when they kinda screwed him over too, BUT, please, everyone, remember, the bill WILL be paid, should it look like it will give me a default which will be on there for 6 years.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    You wouldn't have had a credit file at 15 so there would have been nothing to check against. The 15 year old you would have been invisible to them. The phone company really haven't made a mistake. They're simply the victims of fraud, as are you.
  • StuC75
    StuC75 Posts: 2,065 Forumite
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    Well if your dad was paying by direct debit its not going to take much investigation to get to the bottom of. and if you say that it isnt yours, theres only one place its going to end up (at your dad )..
  • kelevraz
    kelevraz Posts: 192 Forumite
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    shortcrust wrote: »
    You wouldn't have had a credit file at 15 so there would have been nothing to check against. The 15 year old you would have been invisible to them. The phone company really haven't made a mistake. They're simply the victims of fraud, as are you.

    but if thats the case then it must mean they made a mistake, how would they have been able to give a contract to someone who doesnt exist in real life? technicially he doesnt even exist on paper,

    what happens if my dad tells them that the person they are looking for just doesnt live here anymore or some rubbish like that?

    look we can pay, and we will pay, and ive been given piece of mind that realistically, whether or not it means that he has to, i personally wont feel the effect of this, because i'll prove its not me and get it reomved, or he will pay. im quite convinced that he's adamant to not pay, its immature to an extent, but i think he kinda see's this whole thing as a game, its only £600, and we have money so thats not even the slightest of problems.

    i think its my own paranoia, im starting to feel worried about what could end up happening to him, he thinks he knows too much but im actually quite worried this time that he's going to get himself into way more trouble than its worth, he's so caught up on this idea that 'that person does not even exist' that i could very well see him turning around and saying, he doesnt live here anymore - again, i know this seems immature, and it IS, but thats the kind of stupid thing that i think he'll do, and i watch too many programmes on tv to not think it will end up with him, i dunno, being hit with some stupid size fine, or having to go to court or something like that
  • ValHaller
    ValHaller Posts: 5,212 Forumite
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    kelevraz wrote: »
    i would be lying if there wasnt a part of me that is curious how this is going to play out, the money will be paid by me/dad ONLY, if it looks like there is a default coming onto my file, because the fact remains, that he had a fall out with the company where he was actually in the right
    Do not pay anything towards this yourself regardless of the threat of a default. If you do pay, you will effectively be admitting the debt and any default will be virtually impossible to remove. If you do get a default out of it, provided you tell everything you know about the matter, it should be possible to get it off.

    You need to have stern words with your father and tell him to sort it, otherwise you will turn him in.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • kelevraz
    kelevraz Posts: 192 Forumite
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    StuC75 wrote: »
    Well if your dad was paying by direct debit its not going to take much investigation to get to the bottom of. and if you say that it isnt yours, theres only one place its going to end up (at your dad )..

    this is the kind of thing i was waiting for someone to say, theyve already said it was by direct debit, they told me the payments coming out had been those of the bank that he banks with, to which i just said okay well thats not mine so whatever. but yeh, if they do enough searching and then find its basically been coming out of his account? could he still try and say well, it was someone else?
  • Dabooka
    Dabooka Posts: 839 Forumite
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    After ploughing through your posts (which are quite hard to read with your zealous use of commas) it looks like a simple choice of either settling the bill and living with it, or pursuing the fraud against your father. I can't see any other possible outcome.

    Best of luck.
  • kelevraz
    kelevraz Posts: 192 Forumite
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    ValHaller wrote: »
    Do not pay anything towards this yourself regardless of the threat of a default. If you do pay, you will effectively be admitting the debt and any default will be virtually impossible to remove. If you do get a default out of it, provided you tell everything you know about the matter, it should be possible to get it off.

    You need to have stern words with your father and tell him to sort it, otherwise you will turn him in.

    sorry, i havent already said this, when we spoke originally, i told him that if at any point this looks like its going to blow completely out of proportion, and the only choice i have is to tell them, then i will. we've been really relaxed about it so far, but its just bothering me more and more in the last few days, no one really needed to tell me that we could just pay it because i already knew that lol, its by far the easiest thing to do.

    and as for paying, i think youve just said what my dad is thinking, interms of if you pay then your 'admitting' it, and i think he's gonna try and take it to the grave that 'it wasnt him'
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