Whats the next step? (Debt not Partners)

**Amy**

Hi All

My partner is being chased for a debt that was not his, and he was not aware of. Its a mobile phone bill (his ex took it out in his name, and he has only found out 3 years after the fact).

He has sent a letter to the debt collectors to say it isnt his and he wants to see a credit agreement. He did this December last year and they didnt respond and then sent another letting requesting the money, He sent another letter stating not his debt and he wants to see a credit agreement, and they sent back a letter stating the following:

We are unable to provide you with a copy agreement as the account was not opened with a CCA Credit Agreement. Instead you would have entered into a service agreement for a minimum term of 12 months. To obtain details of this you will need to contact the shop where you purchased the contracted item.

In order to process this account please provide full details of dispute with supporting documents.


So what does he do now??

He has spoken to his ex and mentioned the debt, and she has said she will pay it, but to be honest I dont believe her. Without telling the police (as obviously if he says to the debt collectors it was his ex without his knowledge they will probably require the police to be involved as its fraud) what can we do?

If she pays it, it will still be on his credit file for 6 years, and probably scupper our chances of a mortgage in the future.

Thanks

Amy

mildredalien

He needs to do everything he can to get the debt removed from his record, which will probably mean registering a complaint to the police for fraud. Sounds harsh, but then fraudulently taking out a mobile phone contract in your partners name and then not paying it is also harsh!!

Then again it sounds like they haven't actually proved the debt yet as they have sent him no paperwork - maybe someone with more experience can help on that front If she took it out in a shop without his knowledge, surely she would have had to sign something? Seems a little odd that she could take out a contact in his name, in person, without him being there.

**Amy**

Thank you.

I dont think going to the police is an option, their relationship is already strained (relationship due to children), so I dont think it would go down well with her.

I honestly dont think she did it in a shop, I think it was maybe taken out over the phone. She had complete control of his finances for the 5 years they were together, for 5 years he didnt really know what was going out etc. Believe me, he has learnt the hard way.

x

Tixy

They are right - mobile phone contracts are not covered by the consumer credit act.

Was his partner an ex at the time? did they live together when the account was opened?

I would write to them set out clearly that he disputes this debt. He did not open the account but he believes it may have been opened fraudulently by an ex partner in his name.
Ask for a copy of the original contract in the letter.

**Amy**

Thank you.

She wasnt an ex, but she became an ex 3 months later. It definitely was her as she started using the number openly after they split up, he has all of her old numbers saved.

They did live together at the time, which is why it becomes hard to prove it wasnt him.

They are asking for proof of his address at the time, and obviously its the same address.

What sort of thing should he put in the letter?

x

Tixy

Just that he disputes the debt. That its not his account, that he never opened the account, because of it being the same address its important to say he believes it could be his ex partner who he lived with at the time but that if it was it was done without his knowledge or permission.
And that he wants to see the original contract (which will hopefully have a forged signature or something incorrect on it that will help his case).

If it was opened by phone or in a shop you'd think they'd have noticed she was female and using a man's name to open an account. That should have triggered a query.

**Amy**

Thank you, I will speak to him when he gets back from work and get him to do another letter.

Thanks again

Amy