Phone Contract taken out fraudulently by an ex partner

dalesrider

Brew85 wrote: »

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.

But you expect o2 to roll over and pay up.

Do the right thing. Let the police deal with the thief, as that is all he is...
Up side is o2 will then remove the debt. As you have taken the steps to prove your case.

Brew85

Thanks all for your advice and help. Last night we contacted him through a friend to give him the scenario which we had of either having him arrested or him paying out the contract. He's self employed so a fraudulent record would not look so good and we've been told he is going to pay.

pmduk

I'm glad you've got it sorted, but do think you've made the wrong decision in not going down the police/court route.

If he 's capable of committing fraud without qualms, shouldn't the people he does business with be made aware of this fact?

Gordon_Hose

If it was me I'd have him arrested. Trust nothing the guy says.

kizkiz

pmduk wrote: »

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

But does fraud give you cancer? :rotfl:

spacey2012

The course of action>
The contract she took out is a rolling contract with a minimum term.
If the minimum term has run, she can serve 30 days notice of cancellation of this contract. Do this immediately.

If they refuse to cancel the contract stating it has been renewed, serve an affidavit that the contract holder has not renewed anything.
Attach another letter serving notice that the 30 day cancellation notice of the initial contract has been served remind them of the date and remind them they have no legal authority to charge any account after the service of the cancellation notice.
Inform them that after the 30 day notice, the debits will be cancelled on day 31.
Inform them that if they have allowed a third party to renegotiate a contract without the contract signatures consent that THEY are the victim of the fraud NOT YOU.
You are very sorry that they are a victim of fraud, but that is their problem not yours.
State that if they wish to pursue the matter your choice of solutions is that they take the matter to the county court at the earliest possible opportunity and you wave your right to Letter Before action if this speeds things up.
No county court will award them the remainder of the contract that was negotiated fraudulently and not negotiated with the contract holder.
The responsibility will end at the end of the 30 day cancellation point .

If they believe they have an extended contract then more fool them, if they mark any accounts as default and enter bullying mode, summons them to county where you have to ask for the problem in a value.
Place down value of claim £500 for stress caused by mis-administration and false contracting.

Caz3121

Brew85 wrote: »

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

Have you confirmed whether the contract is in his or her name.
In her name but coming from his bank account or in his name with her as guarantor if he did not make payment?

pmduk

kizkiz wrote: »

But does fraud give you cancer? :rotfl:

Give them a couple of hours, they're busy re-interpreting some research to 'prove' it.