not my debt but have to pay?

janinabogacka

Hi everyone.

Few weeks ago I received first letter from debt collection company. Obviously I have had no idea I have any debts at all. After few more letters and visiting local Advice Centre, I figured out the debt it for unpaid mobile contract. It looks like my ex husband signed it using my name and simply didn't bother to pay any bills.

I am shocked now and really don't know what to do. Police has already been informed but anyone has any idea what next should I do?

Helvetica_Van_Buren

Get an incident number from the police and then give this to the mobile phone contract provider and explain to them you won't be paying because the contract was taken out fraudulently and you aren't liable for it.

Midgit

As a first step I'd contact the debt collector, explain your suspicions and ask them to provide copies of the invoices you're supposedly liable for, and a copy of the contract you are meant to have signed. Don't be afraid to request info from them, if it ever progressed as far as court they'd have to provide it anyway. If it's not your address, tell them. Let them know that you've never received anything about this prior to their involvement, no invoices, statements or chase letters. Good luck and remember, you've done nothing wrong!

Lemonsqueezer78

Have the police provided you with a crime number following your report? How was the report classified, do you know? Did the police say what they were going to do about this?

I suggest you write to both the DCA and the original company, marking the letter clearly as a disputed debt and a complaint, and explain the situation, clearly setting out that the debt is not yours and was taken out fraudulently in your name. Provide them with a crime number, as this adds credibility to your claim. Ask that all collection actions immediately cease and the debt be handled by the Mobile phone company as a fraud/identity theft case, through whatever process they normally follow.

I'm not a legal expert in these cases but I do know absolutely that you cannot be asked to pay a debt that is not yours. The difficulty here is that it will be difficult to prove. That said, and someone will correct me if I'm wrong here, I believe if you confirm this is not your debt and report this to the police (as you have done) then the onus will probably actually shift to the mobile phone company proving that the contract was taken out by you, which they will likely be unable to do if what you say is true.

Would you be willing/able to provide them with your ex-husbands contact details if they asked you to provide them as part of their investigations? Obviously if they contact your ex husband there is a good chance he will deny it and say it is yours, however that is the mobile phone companies problem, not yours. And they will still be unable to definitely prove that the debt belongs to you.

Can you prove (if asked later on) that your credit file is otherwise clear and good standing? I'm not suggesting that you show your credit file to the DCA or Mobile company at this point, however it things progress, it may come in handy to be able to demonstrate a good credit file, as that will lend further credibility to the fact that you have no reason just simply stop paying a mobile contract and show that it would be out of character for you to do so.

Are you also able to demonstrate that you had a mobile phone contract of your own during the contract period in question? It may be worth highlighting this in your letter. Obviously it does not prove that its not yours, as there is nothing to stop you taking two contracts out, however every thing adds weight to your claim.

Be very clear, concise and factual in your letter but word things very strongly that this is not your debt and you will not be paying. Ensure it is marked as a "disputed debt". Do not call them. Put everything in writing - and insist that all correspondence with you should be in writing.