I've got debt that's not even mine!

dljones

Hi, i'm sorry if this post is in the wrong place so feel free to move it. It's a long story but i'll try to keep it as short as possible.


Last year we checked my wife's credit report and there was a three mobile account that had defaulted on it for approx £40. Called three up to find out what it was and it was her step father who'd taken the mobile broadband account out in her name and not paid the bill. Now this account was opened in July 2008 and she found out about this a couple of months afterwards when a letter about the account came through the post for her. She called three to explain the situation and what had happened and that it wasn't her account (baring in mind that she already had a mobile contract and her own mobile broadband dongle with them) and they said that they'd transfer responsibility to her step father's name. So the problem now is that she's now received a letter from three saying that she still owes the £40 and about £220 for 'early termination' on the contract.

So, last year when she first knew the account was outstanding she told them what happened and they said that they will conduct a fraud investigation on the account. I spoke to them last night (after she confirmed her identity etc) and explained the whole situation again, Mohamed at three read all the notes about this account and said that the fraud team had conducted their investigation and concluded that my wife owned the account!! This was solely based upon the fact that she was on the electoral roll as living at that address (which she would be anyway as she was living there with her parents). Three have it on record that a Mrs xxxx (my wife's mother) gave permission for her partner (step father) to pay the bill with his card. So i said that my wife wasn't married at that point and therefore could not be her, there was no reply. I've told him to pass on to the fraud team how they clearly have not conducted a thorough investigation and now a security team is goig to look at it.

I'm stuck as to what to do, it says that the debt will be sold to debt collectors in 20 days (therefore massive costs added) unless they receive payment. I should probably make it clear that there is very little hope to get the money from her parents.

Anybody got any idea what else i can do/who to complain to.

If any of the above doesn't make sense please ask as i'm really stuck now and really don't want debt collectors coming round.

Spudles

Can you afford to pay the £260 now ?

If you can thats what i'd do and then go about trying to get the money back, 3 will most likely faff around for god knows how long before this gets sorted, and by then you could end up having debt collectors knocking on the door.

If you cant then speak to three about making a token payment and then paying off the full balance over a time period (if i remember rightly when a company sells off a debt to a debt collection company they sell it for a lot less than the total of the actual debt) so if they are happy that they will get the full amount back they may well hold off selling the debt.

However you go about paying it make it clear in writing that you contest the debt is yours otherwise they may use you paying as you accepting liability of the debt.

A call to the CAB may be of use here, as they will know more about what your rights are with disputed debts and situations like this and how to go about sorting it.

Tixy

Has everything been done by phone so far?

If so I'd suggest she writes a formal letter of complaint setting out everything that has happened so far and that she does not accept liability for this account and requires them to remove all record of it from her credit reports. (ideally send the letter recorded deliv).

I wouldn't make a payment as if she does they will use that to demonstrate that she accepts responsibility for the debt.

Oh and they cannot sell the debt on to debt collectors whilst it in in dispute. (even if its sold to debt collectors they cannot add massive costs).

dljones

No, got a baby due in a couple of months so really can't afford to pay it off.

I f we were to somehow pay it off, it's still going to be on her credit report that shes let the account default therefore will go against us by putting us in a higher risk category when it comes for us to get a mortgage in a couple of years.

There's another Virgin account with the same story as this too that i forgot to mention, that's about £400 if i remember right.

Yeah a visit to CAB sounds like a good idea.

Thanks for your reply

dljones

Thanks for your reply Tixy.

Yeah everything by phone until we got the letter yesterday saying the debt will be sold unless it's payed in 20 days. Do you know who i'd write the letter to, would it be customer services?

It's good to know that they can't sell the debt while it's in dispute.

Tixy

I'd probably write to whichever department has written this letter to you.

Make sure in the wording somewhere you use wording that you 'dispute the alleged debt' or similar, just so its clear, and then if they do try passing it on to a debt collector you can easily prove that they should not have done.

dljones

I'll get a letter drafted up now, thanks again Tixy, your a star!

camuk81

Dljones,

Can I as a precursor send the letter recorded delivery so they have to sign for it. That way if it does go wrong you have a case to argue to say you did receive the letter.

Maybe its me being over cautious but it sounds like you have already been through the mill on this

dljones

Yeah camuk81 that's what i'm going to do. I'm really worried about this and my pregnant wife doesn't want to be dealing with the added stress of it all. I'm so glad that I've got great advice form here.

neverbefore2011

dljones wrote: »

a visit to CAB sounds like a good idea

In a family dispute, things are difficult, but step-dad has probably committed a criminal offence

I feel sure that the police would be reluctant to get involved, but you might get a crime number off them

Ask the CAB how a debt collection agency would have to respond if there was a criminal allegation involved

dljones

Cheers neverbefore2011, i'm not sure what the police would do whether they peruse him further? Anybody ever been in this type of situation before?