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Family member taken out phone contract in my name and not paid it

elbarto4
elbarto4 Posts: 6 Forumite
First Post
Hi all,
I've recently received a letter and relentless phone calls from a debt collection agency regarding a fee I knew nothing about. After getting in touch with them via email I was told that it was for a GiffGaff account opened back in 2015 in my name that hasn't been paid since and I am not expected to pay over £100. I has no clue about this account and have never had anything on contract with GiffGaff in my life so after asking a few questions they provided me with the account details. It seems that my sister had taken this account out in my name without my knowledge, using her email address and date of birth, but since I still live at the family home she has used that address and my name instead. Another thing is, I was 17 at the time of this happening therefore I don't understand how this has even happened if I proper security and credit checks were conducted by GiffGaff?

I've got in contact with the debt agency and have explained what has happened, however I'm not sure they will believe me since the name and address match. I am also waiting for a response from GiffGaff themselves.

Could anyone please give me some advice as to what to do here because I can't afford to pay this debt as I'm currently out of work and am waiting to go back to uni and get my student loan. Plus it's not my debt to pay anyway.

Any help would be really appreciated!
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You'll normally need to report it as fraud (via Action Fraud) for it to be taken seriously.
  • Shakin_Steve
    Shakin_Steve Posts: 2,810 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 28 August 2020 at 1:55PM
    People are often reluctant to report family members for fraud, but that's what it is. You could ask your sister to stump up, under threat of a report of fraud which would do her future credit prospects no good at all. You should also take a look at your credit reports. At 23, you may not yet thinking about a mortgage, but your chances of getting any credit with a default on your report will be close to zero.
    I came into this world with nothing and I've got most of it left.
  • Mickey666
    Mickey666 Posts: 2,834 Forumite
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    edited 28 August 2020 at 1:56PM
    Only two options really because it’s a genuine debt and should therefore be paid.
    1. Tell the sister to pay her debt
    2. Report the sister for fraud
    Obviously try option 1 first but tell the sister that if she doesn’t pay the debt then you’ll have no option to go with option 2.

    The other issue is that however the debt is paid off, it’s actually in the name of the OP and so will have created a black mark on their credit record.  Perhaps option 2 is the only way to clear that?
  • sourcrates
    sourcrates Posts: 30,800 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    How exactly do you get into debt with Giff Gaff ?
    They provide free PAYG sim cards, which require the purchase of a "goodybag" and/or credit, in order to use them, this is payable upfront, so how can you possibly be in debt to them ?
    They also provide phones on credit, yet you say the debt is £100, so was it a phone she purchased ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • How exactly do you get into debt with Giff Gaff ?
    They provide free PAYG sim cards, which require the purchase of a "goodybag" and/or credit, in order to use them, this is payable upfront, so how can you possibly be in debt to them ?
    They also provide phones on credit, yet you say the debt is £100, so was it a phone she purchased ?
    I was confused about this too as the only time I have had anything from GiffGaff was one of those goody bags (which isn't connected to the account in my original post) so I do believe it was for a phone contract. However when I asked about this the agency didn't tell me what was purchased they just told me when the account was opened and how much was owed (which is around £111)
  • Mickey666 said:
    Only two options really because it’s a genuine debt and should therefore be paid.
    1. Tell the sister to pay her debt
    2. Report the sister for fraud
    Obviously try option 1 first but tell the sister that if she doesn’t pay the debt then you’ll have no option to go with option 2.

    The other issue is that however the debt is paid off, it’s actually in the name of the OP and so will have created a black mark on their credit record.  Perhaps option 2 is the only way to clear that?
    I think I can only do option 2 as she is refusing to admit it was her, even when the email address used for the account is her email. So It's in my best interests to flag it as fraud. Thank you for the help.
  • DCFC79
    DCFC79 Posts: 40,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    elbarto4 said:
    Mickey666 said:
    Only two options really because it’s a genuine debt and should therefore be paid.
    1. Tell the sister to pay her debt
    2. Report the sister for fraud
    Obviously try option 1 first but tell the sister that if she doesn’t pay the debt then you’ll have no option to go with option 2.

    The other issue is that however the debt is paid off, it’s actually in the name of the OP and so will have created a black mark on their credit record.  Perhaps option 2 is the only way to clear that?
    I think I can only do option 2 as she is refusing to admit it was her, even when the email address used for the account is her email. So It's in my best interests to flag it as fraud. Thank you for the help.
    Is she wanting to get a mortgage ?

    Id try this first, explain to her your going to report it as fraud which will mean the police involved and it will mean her credit history will be seriously affected and he chances (if answer to above question is yes) of a mortgage will be zero.
  • Neil49
    Neil49 Posts: 3,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Are you sure that the claim is genuine? I would request more information from them/giffgaff and do your own investigation into the matter. Given that the account is in your name they can hardly refuse to provide the details. 
  • Neil49 said:
    Are you sure that the claim is genuine? I would request more information from them/giffgaff and do your own investigation into the matter. Given that the account is in your name they can hardly refuse to provide the details. 
    I am looking into the legitimacy of it because a few things aren't adding up. I'd appreciate if yourself or anyone else could tell me if any of the following could be easily explained?
    They've said the account was opened in 2015 but I have never received any letters, emails or calls from GiffGaff, this debt agency or the one they have said they've bought the account from until this month.
    I've asked them how they've gotten my email and my phone number if they aren't the information that's registered to this account (they've dodged answering this when I have asked several times).
    I'm not even sure if 5 years ago you could get contract phone off of GiffGaff.

    I'm going to look into it some more and I have contacted GiffGaff about it directly and am waiting a response. However, like I said previously when I asked for more info on the debt they did provide an email address I know my sister uses.
  • elbarto4 said:
    Neil49 said:
    Are you sure that the claim is genuine? I would request more information from them/giffgaff and do your own investigation into the matter. Given that the account is in your name they can hardly refuse to provide the details. 
    I am looking into the legitimacy of it because a few things aren't adding up. I'd appreciate if yourself or anyone else could tell me if any of the following could be easily explained?
    They've said the account was opened in 2015 but I have never received any letters, emails or calls from GiffGaff, this debt agency or the one they have said they've bought the account from until this month.
    I've asked them how they've gotten my email and my phone number if they aren't the information that's registered to this account (they've dodged answering this when I have asked several times).
    I'm not even sure if 5 years ago you could get contract phone off of GiffGaff.

    I'm going to look into it some more and I have contacted GiffGaff about it directly and am waiting a response. However, like I said previously when I asked for more info on the debt they did provide an email address I know my sister uses.
    Also another thing to add here:
    I've just checked the email they have sent me and it says that ID would have been needed to open this account, however they have said previously that the DOB on the account was wrong, and again I was 17 at the time and wouldn't have been able to have opened a credit account so I am even more confused by this.
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