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Being pursued for money that isn't owed by me!

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Comments

  • If he used your name for the account, you'd have to prove he did it fraudulently. Otherwise I could sign up to a contract with Orange on line, get the phone and then tell them I didn't authorise it and I'd have a free phone.

    You're in a sticky situation if it was taken in your name. They don't need written authorisation from you, imagine how much of a ballache it'd be signing up for anything online if that was the case.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You really must stop phoning them.

    You need to start writing.
  • So, Matty- does that mean I have no protection against things like this happening?
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    NO, it means your ex needs to WRITE to them pointing out that the account was cancelled 8 years ago but they seem to have failed to understand that.

    Also, refer to post #6
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • elsien
    elsien Posts: 36,584 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As wealdroam has said several times you need to stick to contacting them only in writing. Phone calls are potentially either deniable or open to misinterpretation.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • zoob
    zoob Posts: 582 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Was the account canceled with the service provider 8 years ago, or was it just stopped being used 8 years ago without being used?

    I think you should be giving the service provider the contact details of the account holder and let them pursue him for any money owed, and you also be pursuing your X for payments you made on his behalf if he didn't cancel his contact.
  • pmduk
    pmduk Posts: 10,684 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 30 January 2013 at 9:39AM
    In future if you have problems with a continuous payment authority, cancel it with the bank in writing. It has taken banks many years to accept that a consumer has the right to stop these payments. A company that feels you are in breach of a contract can still pursue you to satisfy the contract, but you'll be in the stronger position of still having the money.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Most companies if an account is in your name, they will allow you to answer other questions if you forget/dont know the password. Such as last bill amount, payment date, full address, payment method etc. Have you asked them if you can do this?

    I know you're probably kicking yourself now but in the last 8 years, did it never occur to you to try writing (or even emailing) them or to cancel your bank account?

    Originally if it wasnt in your name (was the account actually opened in your name or was it taken out in your ex's name and at some point in the last 8 years been changed to your name?) I wouldve said that the contract was between your ex and them and that technically your ex had a "third party" agreement with regards to payment.

    Tbh with the payment details being yours, if the contract was taken out in your name then I think you'll struggle to prove you didnt authorise it unless your ex admits it to them. Especially if you're the one who made all the payments.

    Sometimes our trust in friends/family/partners is misplaced. But theres a saying.....if you loan a friend £20 and never see that person again.......it was probably worth every penny.

    A lot more money involved here but same principle applies.

    The only other thing i can think of is writing to the company and making a subject access request for the notes entered on the account and hope that someone has written notes that you called to cancel/cancel payment but they wouldnt discuss it with you as account wasnt in your name/you didnt have password.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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