Phone Contract taken out fraudulently by an ex partner

Brew85

Hi,

My girlfriend recently discovered that an ex partner had, unbeknownst to her, renewed a phone contract under her name by being advised that the account was in arrears. She had previously helped him out in the past by getting him a phone under her name and believed that he would not be able to renew, as o2 would only speak to the account holder.

[FONT=&quot]She contacted him via email to find out whether this was true, to which he responded, by e-mail, confirming that he had indeed called up himself and taken the contract out.
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She then called o2 to have the phone blocked. He managed to subsequently speak to o2 again to see if he could transfer the phone over to himself (and for some reason 02 still spoke to him about it!). We also discovered that he had the phone sent to a different address other than the one on the account, so that she wouldnt find out about it.

We have spoken to the police and they have been round to our house to discuss and we have presented them with the email evidence showing he proving he had done so. We have offered this evidence to o2 also.

The o2 Fraud team refuse to accept the contract was taken out fraudulently and say that we are now liable for the contract.

Ay help on how to deal with this now would be appreciated.
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jaybeetoo

What was on the original contract with O2? Did your girlfriend set up her ex as being able to administer the account with O2?

Did she tell O2 that she did not want the agreement to continue after the minimum period? If she didn't, the agreement would normally continue.

Brew85

He actually set-up New contract (new minutes etc package) and upgraded the phone. If it was continued rather than being renewed she could have just cancelled at any time. As far as she is aware he was never set up to administer the account. Obviously he knew most of the 'security' details as they'd been together for around 5 years. She hadn't told them as it was a 3 year contract and she'd forgotten about it.

nitra

I'd be writing to the fraud team to advise them of the following (sent via email + post).

a) The contract was renewed fraudulently
b) The caller was male, and clearly your partners details will be female
c) They have breached the Data Protection Act and you will be contacting the information commissioner + press if this is not sorted (not once but twice).

CC in O2's press office and you should have it resolved sharpish, the press won't be interested in the story but the PR team will be worried enough to apply pressure for a quick resolution.

Buzby

Forget the press - any complainant using this is seen as having a rant and loses credibility. I'm unclear as to how this new contract was taken out - as it would be impossible for anyone other than the contract holder to arrange an upgrade.

It is not clear whether the contract is actually in the Ex's name, and the partner is acting as guarantor. In this situation, I can see this happening easily, especially if personal details are known. If not, to be held responsible it is the partner (female) who would have to pay for the service.

A look at your credit report to see what O2 have recorded on it is a must, then a complaints tho the ICO for any inaccuracies found (if O2 won't resolve the issue).

Brew85

Thanks very much. Who would be the information commissioner? Any ideas where I find the contact details for these people. I may just google it. We've just found out that apparently when he called they asked for confirmation that account holder was present for permission he passed the phone onto a female. Do you think it's worth asking for a recording and for them to prove it was her voice beyond reasonable doubt?

wealdroam

Brew85 wrote: »

Who would be the information commissioner? Any ideas where I find the contact details for these people.

Click here.

Brew85

The O2 Fraud department have been incredibly difficult/ rude. Today they have said not to bother calling again as they do not see this matter as fraud!

Brew85

Buzby wrote: »

It is not clear whether the contract is actually in the Ex's name, and the partner is acting as guarantor. In this situation, I can see this happening easily, especially if personal details are known. If not, to be held responsible it is the partner (female) who would have to pay for the service.

Am trying to find this out but I am assuming she acted as guarantor as he was paying from his own bank account.

Pls see my note above re renewing as we believe he used another female to pose as my girlfriend to say she have her permission to renew.

Police believe they have done all they can but can arrest him if we make a statement and go to court. We want to try and avoid this undue stress if possible.

Fire_Fox

Brew85 wrote: »

He actually set-up New contract (new minutes etc package) and upgraded the phone. If it was continued rather than being renewed she could have just cancelled at any time. As far as she is aware he was never set up to administer the account. Obviously he knew most of the 'security' details as they'd been together for around 5 years. She hadn't told them as it was a 3 year contract and she'd forgotten about it.

Whilst it obviously is illegal to have someone else pose as your girlfriend, she needs to take some responsibility for this. O2 could well point out that she was at fault by permitting someone else to have all her security details/ not changing them when they split, it's not that different to someone else having your PIN number for your card. IMO read ALL the terms and conditions she signed initially, it may be she should have cancelled in writing. Forgetting about it doesn't make O2 liable.

Stop telephoning start writing recorded delivery letters, this is a serious matter.

pmduk

nitra wrote: »

the press won't be interested in the story

Actually, the Daily Mail would love it, Mobile phone companies come second only to the banks on their moan list.