Ex-partner taking out phone contract on 3 without consent

rebelheart15

Hello,


Sorry if this is in the wrong section - hoping it's not - but first post so please forgive me if so!


I have been with my partner a few months and it is fair to say he is terrible with money management. He went through his bank statement tonight where he found payments going out every month to 3 for varying amounts, when he has never had a phone contract. Quite why my partner didn't realise this money was going missing until now is beyond me - but I digress.


He rang up 3's CS and they informed him that he had a phone contract with them which started in May, was signed up for online, with a direct debit agreement set up in his name. 3 stated that the contract had been taken out online and the payment card used was my partner's, as a way of proving his identity. He soon realised what had happened and realised it was infact his ex-partner's phone (his partner at the time, they lived together and split up over the summer), and the phone number is still being used.


It turns out that my partner had saved up to buy his ex (then partner) an iPhone as a birthday present and had given consent for this phone to be purchased outright, hand-set only on his bank card, which was registered to the same address. However he didn't give consent, nor have any knowledge of, a phone contract being taken out, a direct debit being set up, or that he would be indeed paying his ex/then partner's phone bill for two years. I assume his ex thought he wouldn't realise!


3 have told us that the best option would be to speak to his ex-partner and try to get the contract changed over to his name (which from what I've been told, isn't likely), or the phone can be blacklisted, though my partner will still be liable for the bill.


Legally speaking, where does my partner stand on this? He assumes he will have to see the contract through. However considering my partner had no knowledge of the contract, nor a direct debit being set up his name, could this be considered fraud? Does my partner have any rights to claim the phone he has been paying for back? Given that his ex kept the phone and obtained it under false pretenses, could it be theft and therefore a police matter? Though I would imagine this is all very hard to prove.


I really have no idea and I don't want to see my partner get any further short-changed, though I realise the limitations and how ridiculous this reads. Our current plan is to ring 3 back tomorrow and get the phone blacklisted so at least his ex can't use it, but any suggestions or advice would be greatly appreciated.


Thank you for reading

gunsandbanjos

Is the phone contract in her name right now? If so just cancel the direct debit, it is her they will chase for the money. It doesn't matter that the payments were coming out his bank account, it is whoever is named on the contract that is liable.

If it is in your partners name already then get them to block the current sim and send you a new one.

Hintza

gunsandbanjos wrote: »

If so just cancel the direct debit, it is her they will chase for the money.

No they won't, the contract is in the OP's partner's name.

Browntoa

I'd get the phone blacklisted , then the ex either gets in contact to sort it out and takes over the payments or they have a brick for a phone

Hintza

Browntoa wrote: »

I'd get the phone blacklisted , then the ex either gets in contact to sort it out and takes over the payments or they have a brick for a phone

That sounds a better idea.

andycris3107

I wonder whether a note to the ex indicating that they have a choice of transferring the contract and paying up or being reported for fraud / identity theft would do the trick?

The fraud part I suspect is complex as since the phone was separate to the contract there was no shipment of device. However I imagine that the online contract would be supplemented by a paper version which would have been mailed to the OP in his/her name. It may be difficult to prove that they had no knowledge if this were the case other identifiable circumstances would show this as being highly likely.

I suspect that it would still be possible to report the use of the card to the bank and to inform 3 that you suspect identity theft.

gunsandbanjos

Hintza wrote: »

No they won't, the contract is in the OP's partner's name.

If you read the second part of my reply I covered both scenarios.

rebelheart15

Thank you all for your advice so far, very helpful.

andycris3107 wrote: »

I wonder whether a note to the ex indicating that they have a choice of transferring the contract and paying up or being reported for fraud / identity theft would do the trick?

The fraud part I suspect is complex as since the phone was separate to the contract there was no shipment of device. However I imagine that the online contract would be supplemented by a paper version which would have been mailed to the OP in his/her name. It may be difficult to prove that they had no knowledge if this were the case other identifiable circumstances would show this as being highly likely.

I suspect that it would still be possible to report the use of the card to the bank and to inform 3 that you suspect identity theft.

As far as I know any communication between my partner and the ex would result in complete meltdown, apparently it's somewhat complex and the argument of "well I paid for this and you didn't pay for this" would be thrown about and it seems they're both as stubborn as each other.

The phone and contract were one and the same - my partner gave permission for his card to be used to purchase a phone outright (for £400, or whatever the phone cost) - not for his card to be used as a verification of identity for a phone contract in his name. So effectively the phone, and the airtime is in my partner's name but the phone, and airtime is being used by his ex.

I agree that surely a delivery note and a contract etc would arrive, but then in my partner's naivety, perhaps he assumed that all of the documents being in his name was alright because he had paid for the phone - but the phone and contract are definitely linked.

I wonder if it would it perhaps be best to start with ringing up to get the phone blacklisted and stop his ex from using it, then see what 3's fraud department make of it?

Browntoa

yes, its not any use in the UK on ANY network once its blacklisted

wealdroam

rebelheart15 wrote: »

...then see what 3's fraud department make of it?

Is it fair to say that your partner has no proof about what he did or did not authorise his ex to spend on his credit card?

Please don't get annoyed, but is it possible that he has told you that he did not authorise the spend, when in actual fact he did authorise it?

I cannot see 3's fraud department, on any other fraud department making anything of it.

This strikes me as nothing more than a simple 'he said', 'she said' disagreement between two people.

The only way to resolve this is for the two people concerned to face the facts... with the help of a county court judge if necessary.

Hintza

^^^^^^ As above. Do not involve 3 in this they will not be interested and neither should they be. Now if it was month after the contract started your partner might have some room for manoeuvre with 3.

If nothing can be sorted by talking to the other party it might be best to make the contract paid up and just block the phone. As it stands your partner will be in breach of contract if they just cancel it. Hope it hasn't long to run.