Mobile phone fraud victim

Boristhebold

Hi, hope someone can help.
My fiancee was contacted last month by a debt collection agency trying to collect over £2000 debt on a Vodafone mobile phone contract from Sept 2005 to May 2006 that was put in her name and her business.
This was the first she knew of it and it was fraudulently done.
She was in a relationship with a Vodafone salesman around that time who was sacked for theft and fraud in the shop.
The debt collection agents haven't given her any paperwork regarding the contract and are saying its up to her to prove she didn't take it out.
We do not even know who the salesman was who sold this contract, what bank details were given (no money was ever taken out) as no paperwork has been given to us.
What is strange is that she stopped being the owner of the business months before this contract was taken out in the company name.
We are not paying this debt from 8 years ago as it was fraud. The debt collection agents don't care and they said they spoke to Vodafone who have said that it is a civil case and that we have to pay and try and claim the money back from the thief whomever that was but we have to find out ourselves.
Can they still send out bailiffs to collect on a fraudulently made debt as my fiancee is in bits and cannot afford to pay anything.
thanks in advance for any help.

HappyMJ

No it's uncollectable now as the debt is over 6 years old. Tell them that and they should give up.

Bailiffs can be sent out if the case has been to court. Debt collectors can be sent but you can safely ignore them.

Vodafone

Hi Boristhebold,

Thanks for making me aware of this.

So I can get this looked into, ask your fiancee to email me with her details via the link in our profile here.

All she'll need to do is copy and paste the link into her web browser and it'll take her to the Contact us form on our website. To make sure it reaches me, she'll also need to quote the code WRT135 - MSE in the subject line.

Once sent, she'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

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Vodafone UK

Boristhebold

thanks
vodafone reference: 8348932

sourcrates

Boristhebold wrote: »

The debt collection agents haven't given her any paperwork regarding the contract and are saying its up to her to prove she didn't take it out.

Wrong !!! its up to them to prove she did, not her to prove she didn't.
These DCA`s will spin any line in the hope it will be believed, and anyway its SB now, so no need to worry, you have everything on your side here.
If you haven't already done so, send them this :


Letter to use if you live in England or Wales.


Quote:

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam


Account No: xxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.


I look forward to hearing from you.

Yours faithfully



Mrs A N Other

marleyboy

The debt collection agents haven't given her any paperwork regarding the contract and are saying its up to her to prove she didn't take it out.

Would love to hear how that fends in court with the Judge.

sourcrates

marleyboy wrote: »

Would love to hear how that fends in court with the Judge.

Yes, makes you laugh doesn't it, makes you wonder if these people actually get any training, or if they just come out with these statements off there own backs.:D

Boristhebold

thanks for all your help, will post any replies from the DCA in the coming weeks.
One thing is for sure, they're not getting a penny for someone else's fraud.

sourcrates

Boristhebold wrote: »

thanks for all your help, will post any replies from the DCA in the coming weeks.
One thing is for sure, they're not getting a penny for someone else's fraud.

Yes, keep us updated boris, good luck with it !!

Vodafone

Hi Boristhebold,

I've got the email and I'll get back to your fiancee as soon as I can.

Kind regards,

Lee

Social Media Comms

Vodafone UK

matttye

Respond and say that they owe you £2000 for taking out a contract with Boristheboldfone and it's up to them to prove that they didn't take the contract out, but you're happy to call it quits and let the two contracts cancel each other out.