3 Mobile Bill - Gone To Debt Collectors...

gabby71

Hiya

Just wondering if anyone could give me some advice?
In August 2005 I emigrated, in the last minute whirlwind, I forgot to cancel my mobile contract with 3, a 'good friend' offered to take care of this for me.
Cut a very long story short - she kept the phone and carried on paying the bills for 2 years - then defaulted!!!
I lost touch with the 'friend' while I was abroad, moved back to the UK last year and have recently received a letter from a debt collector to the tune of £500...
I have checked and there is also a CCJ in my name - not happy as I was hoping to get a mortgate next year..
I contacted this 'friend', she said she will pay the bill but I am doubtful...
Is there any way, if I can prove I was out of the country and it was her that ran up the bills, that I can transfer the debt to her name?, I am thinking that the answer is no as the contract was in my name, but a work colleague said that as she was fraudulently using the phone - and probably calling up/upgrading using my name, I could possibly do something about it - I would be prepared to go to court if needs be - would it be a police matter?
The worst bit is that she has plenty of money and I am a struggling single parent
Any advice would be great.

thanks

Gab

Guys_Dad

It's your debt - as you know deep down. 3 were not a party to any arrangements you may have made with your friend and, therefore, still have you as their customer.

Their CCJ is legal and they have a right to recover their money from you without any involvement from your "friend".

You, however, are free to file a claim under MoneyClaimOnLine (MCOL) against your friend for the amount that 3 want from you. The fact that she paid some of the bills will go some way to establishing that there was a verbal contract between you and her. The downside, however, is that she had no right or even authority to cancel the contract with 3 which is in your name and only you could terminate it. The outstanding amounts - certainly she should be liable for the rental and calls made for any months the phone was used, but if the phone simply ceased to be used and rentals were accruing, that's a different matter.

Did your friend have your address when you emigrated? Could she have contacted you and, more importantly, can you prove that? It doesn't help when you say you lost touch with her.

It was clearly unreasonable for her to pay the contract for life if she stopped using it and, unless you can show termination arrangements had been made, you may be hard pushed to win a MCOL claim for rentals after the phone was no longer being used.

gabby71

Hi

Yes, she did have an address and a contact number for me, but unfortunately no way to prove this..
From what I can see from the statement sent to me there were outstanding call charges but some of the charges are for line rental after she stopped paying the bills - so I guess they are charges for the rest of the contract.
Thanks for the advice

Gab.x

OneADay

This is the sort of case you need Judge Judy for or a good lawyer.

Silk

gabby71 wrote: »

but a work colleague said that as she was fraudulently using the phone - and probably calling up/upgrading using my name, I could possibly do something about it - I would be prepared to go to court if needs be - would it be a police matter?

Hi Gabby,
It depends on a couple of things here ....
If you left it for your friend to cancel the contract and you were to pay her/3 the costs for cancelation, then maybe you could claim fraud if she didn't and used the phone running up debts without your knowledge or permission.
However if you left it with her to sort it out for the best she may have thought the best option was to carry on paying and using rather than waste money on cancelation fees.

If she renewed your contract without your permission to upgrade etc whilst you were out of the country it would be fairly easy to claim and prove fraud and in which case may give you a case to dispute the charges.

How was she paying the bills was it DD and did she do a change of address ?

gabby71

Hiya

Yes, she was going to cancel the contract - that is what I asked her to do - I gave her my security password as she would have needed this to cancel, looking back now it was such a stupid thing to do but we had been friends for over 15 years and never thought she would do something like this to me!
Not sure if she upgraded at any point but would probably have renewed the contract at some point - I havent called 3 yet as i wanted to get advice before i call them.
I know she changed the address for the bills to her work address as this address is showing on my credit report!
Not sure how she paid the bills, I know that she had a 3 mobile of her own at the same time I did and i'm sure she paid cash at her bank or the post office.

Gab

Silk

gabby71 wrote: »

I know she changed the address for the bills to her work address as this address is showing on my credit report!
Not sure how she paid the bills, I know that she had a 3 mobile of her own at the same time I did and i'm sure she paid cash at her bank or the post office.

Gab

Hi Gabby,
Changing address to hers is traceable to her which will back up your claims and even if it was paid in cash and not traceable to her it would rule you out because you wern't in the country to pay cash in this country so rules you out.
If it was me and she has the funds I would get her to pay up the costs to get it written off and threaten her with the consequences of fraud with the evidence

gabby71

Hiya Silk,

Thanks again for the advice - I called her last night and told her that the bill needs paying within 7 days, otherwise I will have to take things further - she must be aware of things as she said she dosent want to get either of us into trouble for fraud!
I'll post again to let you know the outcome!

cheers

Gab.x