Default on payment but not my fault. Please help.

Crazydave1990

Hey Folks, first time I've used this forum, I'm Dave, and I desperately need some help/advice.

Ok, so, September 2009 I took out a contract for my partner at the time... I had no worries about doing this, as, well, she was my partner, we sat down and discussed things, and she was comfortable with making the payments, and could easily make the payments on her wage.

Anyways, She then joined the military, and we separated a little over 6 months later, due to distance etc, etc. I let her keep the contract, as, again, she assured me she would keep paying the contract, and in all honesty she needed that contract because A) that's how she stayed in touch with her family and she couldn't get a contract under her name, because at the time her credit rating sucked.

Now, this is where things start to get tricky, I will make it as clear as possible to everyone, so everyone understands my situation.
I naturally assumed, after all this time, that the contract had expired. Any who, 4 months ago, I received a late-payment letter from o2, demanding 800 quid from me, at this point in time, I had completely forgotten my ex-girlfriends phone (like I said, it should have expired)... at this point, I rang o2 and they had told me that she had renewed the contract...

I would just like to state, I have never once given her my consent to renew/upgrade the contract. I never received any confirmation of renewal from o2, I never had my ex ask me if she could, she just, did... So, I rang my ex, and had a lengthy argument with her... she reassured me that, because she had moved over to Germany, the call charges had been slightly higher than she anticipated, and that she didnt have enough money in her account to clear the payment, she then told me she got the money and that she had paid the 800 pound in full... at this point, I breathed a sigh of relief, and thought the last thing of it.

A month later, I received yet, another bill, this one asking me for more cash (I can't remember exactly, however, it was another high figure).. again, rang my ex, same story... then it happened a third-time, she assured me she was going to pay it, and then it went to a debt collection agency.

Now, the agency said I can either pay the 1,800 in full (this was the amount she owed after the three months) and an additional "debt collection fee" which took the bill from 1,800 to 2,100... or, I could pay a settlement fee of 475.00 pounds...

At this point, I got on the phone to my ex, she was incredibly apologetic, and agreed to pay the 475.00. which then cancels the entire thing out... meaning the entire debt is erased. Now, she has actually paid this, as I made sure that she gave her bank details to the debt collection agency, I also told her that this time, if she misses this payment, I will be taking her to a small-claims court to get this resolved.

Now, Since then, the debt has been wiped off, however, I am now facing a default on my account... which, doesn't really seem fair on me?

Yeah, ok, I let her take out that contract in my name, I never gave her permission to access that account, I never gave her permission to renew the contract (but she somehow managed too?!)... I then rang o2, and they say it isn't a case of fraud?!?! It's bizzar...

I just don't want this to effect my credit rating. I don't care about all this grief, I just don't want this to effect me. I've done nothing for this except give the girl I loved (at the time) a contract under my name, because I thought we'd be together for a long time... (we were actually engaged)...

So, how can I fightback against this default? who do I have to go to? Any help is appreciated, please.

Thanks guys.

grumbler

Crazydave1990 wrote: »

...I then rang o2, and they say it isn't a case of fraud?!?! It's bizzar...

Of course they say this because it was a case of fraud and it was their fault.
There are special procedures in place for allowing other people to control the account. They definitely failed to follow these procedures. The fact that the account was on the name of 'Dave' and some woman renewed the contract speaks for itself.

However, even without the renewal or a cancellation, the contract would have continued as 1-month rolling contract and the final result (defaults) would have been the same.

So, ultimately it is your fault for not cancelling the contract and IMO the records in the credit files are fair.

You can try complaining to O2 blaming them for the renewal of the contract without your consent and asking to remove the records.
However, your chances are pretty slim I think.

Guys_Dad

The main point you have missed in all of this is that the contract does not expire at the end of the 2 years unless you cancel it - it keeps on rolling on. So, in law, you took out the contract, you didn't cancel it and your ex couldn't have cancelled it even if she wanted to.

Now you could ring up O2 and cancel it straight away - but you run the risk of upsetting ex who will lose the number, so best bet is to agree with her that she will pay off the amount owing, you will get the PAC code to transfer the number to he and she can then take out a new contract with the PAC code. That is the friendliest way to do that.

I am not going to explain how to get and use a PAC code - you can find that out for yourself, but get it sorted NOW. Things ain't hoing to get better, I am afraid.

Guys_Dad

grumbler wrote: »

Of course they say this because it was a case of fraud and it was their fault.
There are special procedures in place for allowing other people to control the account. They definitely failed to follow these procedures. The fact that the account was on the name of 'Dave' and some woman renewed the contract speaks for itself.

Unless OP has proof ex actually received an upgrade or talked to O2, then contract simply rolled on so no fraud.

grumbler

Yes, your are right.

Crazydave1990

She had access to the account because she knew everything about me (being my ex), so she upgraded the account of the internet.

o2 has actually stated to me she upgraded the contract over the o2 website, and then had the new phone sent out to her home address instead of my address.

grumbler

Let's make it clear.

You applied for a credit.
You gave someone a full control over this credit and forgot about this.
This resulted in defaults.

Was it your credit and your fault?
Yes, 100%.

Do the records have to be in your credit file to warn other lenders?
I think the answer is obvious...

You can sue your former partner for the damages.

chanz4

this is the same as giving your bank pin out

Crazydave1990

Hold up Grumbler. Yes it was my fault.

However, it wasn't my fault that she renewed the contract, and did so fraudulently.

Now, I didn't come on here to ask people to state the obvious, I came on here to seek help and advice. So why not shut your mouth and move to a different post? I'm aware of my mistakes, and I don't need some moron sat at a computer to make me aware of these mistakes. If your not willing to do as the title of the post says, then shut your trap and take it to a different post. It's as simple as that.

As for anyone else, sorry you had to read that. You always get at least one !!!! on a forum. any help/advice is greatly appreciated.

grumbler

You are so rude....

You always get at least one !!!! on a forum

We get at least two.

Crazydave1990

Rude? I've the one whose just been rude?

I come on the site to ask for aid, as I'm sure many others do, and the main thing I notice is you simply stating "It's your fault. shut up and live with it" (in effect).

I've not for one minute stated that I'm not at blame, yes, I did put my name on the dotted line. I'm just wondering if I have any case to argue since the bill wasn't run up until AFTER she renewed the contract without my permission.

What's rude, me telling someone to shut up for being rude, or the person being rude? takes two to tango my friend.