Ex partner defaulted a contract phone

Fourlegs

Hi there,

In a bit of a pickle here. When I was with my partner I had a contract that I let him use. He changed the address so he could make payments on it from his home ( registered card ). Recently after checking my file I have noticed it has been defaulted at his address and left me a link to his address!


He told me he was under the impression it was settled which I do not believe and has agreed to pay the outstanding balance (375.00)

But unfortunately the default will still stand according to three.

Do I have any grounds to stand on due to the fact I personally never received the correspondence to say the account was in arrears ? To have the default removed ?


Should I settle the debt in full? Or will this not benefit my report?

Can I ask for a settlement offer?



I know I was naive and I know I made a massive mistake here but really stuck and would appreciate some help.


Thank you

pompeyred

I suppose the challenge to this can only rest on how he changed the address. Was he authorised on your account to make such changes.....?

If he wasn't then it might be argued that the required default notice had not been served correctly and I feel this is your only route for escalation and resolve.

Someone will, no doubt, be along shortly to advise the exact and actual steps to take.

Fourlegs

Thank you pompeyred. Lets hope people can help more in depth.

Buzby

Not really - it was your contract, and remained your responsibility irrespective who paid for it. Yo could ave a dab at saying you did not authorise his use of the account, but it them becomes fraud, and you may get a CiFAS flag. If the reason he was paying was because you 'fronted' the account for him, they'll not be interested - as you here effectively his guarantor.

You could certainly settle the debt, but this will not sever the link or make things better as it will historically remain as a settled default.

pompeyred

Buzby wrote: »

Not really - it was your contract, and remained your responsibility irrespective who paid for it. Yo could ave a dab at saying you did not authorise his use of the account, but it them becomes fraud, and you may get a CiFAS flag. If the reason he was paying was because you 'fronted' the account for him, they'll not be interested - as you here effectively his guarantor.

You could certainly settle the debt, but this will not sever the link or make things better as it will historically remain as a settled default.

Sensationalist at best.

Allowing someone to use a mobile contract does not constitute fraud and is not 'fronting' or guaranteeing a contract. Most of the networks allow (promote) multiple handsets and contracts to be against one single billing name and account.

If the OP states that their was no consent in place for the other party to act on the account then the provider has got the process wrong. The OP will not get a negative CIFAS warning for being an innocent victim.

Granted, the OP may have poorly approached the monitoring of the contract but that doesn't change that the provider has to follow process in issuing arrears and default letters. If (OP please advise) the ex changed the address without due authority to do so then there may be remedy to remove the default but only IF authorisations weren't in place and can be proven and only IF the OP is willing to pursue this against her ex with the provider.

Taking out all of the emotion from this. The OP has had no opportunity to correct a situation before the stage of default because the OP has not received any correspondence to that effect, the reason for this is that a 3rd party changed the address of the contract, the issue lies with how the address got changed and if that was an allowed transaction by that 3rd party.

As for severing the ties, if you have no financial associations with your ex then you can instruct the credit agencies as such. The same is true for the address link.

DevCoder

You can sever the tie going forwards but if you had a financial association or a deemed relationship association (although this probably wouldnt be applicable here) at the time of the default then that "tie" remains.

pompeyred

krisdorey wrote: »

You can sever the tie going forwards but if you had a financial association or a deemed relationship association (although this probably wouldnt be applicable here) at the time of the default then that "tie" remains.

Please explain what a 'deemed relationship association' is....? Credit reference agencies don't create any associations on anything other than a factually (subjective) provided financial relationship formed from the joint liability of a financial transaction. Happy to be wrong but I have never heard of this....?

bengal-stripe

Fourlegs wrote: »

He changed the address so he could make payments on it from his home ( registered card ).

Obviously this was done with your implicit (if not explicit) permission. If you hadn't given him the relevant information (pass words, log-in details etc), he could not have done so.

Fourlegs wrote: »

......I have noticed it has been defaulted at his address and left me a link to his address!.......Do I have any grounds to stand on due to the fact I personally never received the correspondence to say the account was in arrears ?

As far as the telephone company is concerned, account holder Ms Fourlegs has moved to a new address. Of course, the company would send all relevant information to the current address not the previous one. You failed to register the account back to the previous (your) address. How can the telephone people know, that the two of you have split-up?

If you claim your ex had no permission to change the address and has obtained your details by criminal means, then you must go to the police and press charges.

Fourlegs

Thank you for the information.

As my partner was making the payments he was told by three the address needed to be changed to his registered address where the card is registered. I had no idea he did this but he was a named user on the account and three was happy to allow him to do this.


Do I pay the balance off in full to three ASAP ?

pompeyred

So it all unravels...

You say he was a named user on the account.... Can we take from this that you therefore allowed him to be named with the intention that he could perform such changes....?

If the above is true then the default will have been correctly served and it will be very difficult to contest. It is better for your file that you pay it so that it is settled but that alone will not remove it. You could add a notice of correction but they rarely add any worth.

I am afraid if the above is accurate you have this default for 6 years and it will cause you issues with credit.

The police will almost certainly not entertain any complaint, unfortunately they do not often get involved in civil matters of low value. I doubt you'd get a crime reference number with the facts of "your ex boyfriend changing your mobile phone address". The rest of the events are irrelevant to the police.

Fourlegs

pompeyred wrote: »

So it all unravels...

You say he was a named user on the account.... Can we take from this that you therefore allowed him to be named with the intention that he could perform such changes....?

If the above is true then the default will have been correctly served and it will be very difficult to contest. It is better for your file that you pay it so that it is settled but that alone will not remove it. You could add a notice of correction but they rarely add any worth.

I am afraid if the above is accurate you have this default for 6 years and it will cause you issues with credit.

The police will almost certainly not entertain any complaint, unfortunately they do not often get involved in civil matters of low value. I doubt you'd get a crime reference number with the facts of "your ex boyfriend changing your mobile phone address". The rest of the events are irrelevant to the police.

Pompeyred at no time have I suggested he did not have access to the account or try to hide that fact. I am asking for advice and don't want to be treated as a person trying to get out of a situation via lies.

Thank you for the helpful information. I will pay the debt.