cancel
Showing results for 
Search instead for 
Did you mean: 

Ex has renewed Contract in my name = Fraud?

Anonymous
Not applicable

Hi All,

 

I'm after some advice regarding my ex-partner renewing a mobile contract in my name.  I appreciate this has probably been asked 100 times before (I did search the forums for anything that matches what I’m experiencing and can see that there are a few that are close), but I just wanted further advice on any actions I can take regarding my problem.

 

While married to my partner I took out a mobile contract in my name for them as they were unable to get one in their name.  Skip forward some time and we are now divorced, but she is still using the phone.  The gall of it is that she recently renewed the contract without consulting me, and now it seems she is unable to keep up payments as I have recently seen a negative effect on my credit score originating from the o2 contract.

 

I did raise this with the O2 fraud department when this first happened, but they brushed it off as a “civil matter” and directed me to go to a store and get the name on the contract changed.  Trouble is on arrival at the store they say they cannot do this. 

 

To say that I am angry with O2 for providing misinformation and not taking my claims seriously is an understatement. Seems the staff uniform there include jackets with Teflon shoulders as they have been less then helpful.

 

An email has been fired off to their complaints department and I’m going to seek advice from the CAB, I just did not know if there was anything else that would be a good idea to try before my ex goes into complete “ostrich-mode” and runs away from this. 

 

One thing I do have is a divorce agreement stating that she is not entitled to anything further from me, including financially.  If I have this proof that I have rescinded my consent for her to access anything in my name, in my admittedly limited legal knowledge surely this renewal would constitute fraud?

 

Any advice anyone can give on the matter would be greatly welcomed.  I look forward to a response soon.

 

Thanks one and all in advance.  

Message 1 of 6
5,752 Views
1 ACCEPTED SOLUTION

Accepted Solutions

jonsie
Level 94: Supreme
  • 92905 Posts
  • 608 Topics
  • 6913 Solutions
Registered:

In any moral sense of the word then yes its fraud....legally? Your solicitor is best placed to advise you.

Personally I would be reporting the phone lost/stolen as it's in your name and getting it barred and the account blocked. To me, legally the phone is yours if it's in your name.

Good luck with this, it's always risky taking a contract for a then partner when you don't know how the relationship will pan out.

View solution in original post

Message 2 of 6
5,744 Views
5 REPLIES 5

jonsie
Level 94: Supreme
  • 92905 Posts
  • 608 Topics
  • 6913 Solutions
Registered:

In any moral sense of the word then yes its fraud....legally? Your solicitor is best placed to advise you.

Personally I would be reporting the phone lost/stolen as it's in your name and getting it barred and the account blocked. To me, legally the phone is yours if it's in your name.

Good luck with this, it's always risky taking a contract for a then partner when you don't know how the relationship will pan out.

Message 2 of 6
5,745 Views

MI5
Level 94: Supreme
  • 143403 Posts
  • 632 Topics
  • 27489 Solutions
Registered:
It's always a problem when someone takes a contract for someone else and the relationship breaks down. As long as the other party knows the account security details they can do pretty much anything they want.
You can limit their access by changing your security details but the only way to stop it completely is to cancel the account.
You would need to pay off the device plan which will obviously be an additional cost to you but once paid you can cancel the airtime without further charge and you will be free of the liability forever.
I have no affiliation whatsoever with O2 or any subsidiary companies. Comments posted are entirely of my own opinion. This is not Customer Service so we are unable to help with account specific issues.

Currently using:
Pixel 7a (O2 & Lyca), One Plus 6 (Sfr), iPhone 12 Pro Max (Vodafone)
Message 3 of 6
5,744 Views

Cleoriff
Level 94: Supreme
  • 122352 Posts
  • 824 Topics
  • 7457 Solutions
Registered:

In my opinion she is committing fraud, though I am no expert in legal matters. I note you have arranged to discuss this with CAB. Good first step, but if I was in your shoes I would be seeking advice from a solicitor.

She is using your name fraudulently....and could affect your credit rating... @Anonymous

Veritas Numquam Perit

Girl in a jacket
Message 4 of 6
5,744 Views

Bambino
Level 84: Resplendent
  • 22935 Posts
  • 1022 Topics
  • 3662 Solutions
Registered:

Moralities and legalities not withstanding, I don't think that it's O2's responsibility, and it is a civil matter. If payments weren't being kept up on the contract, O2 would do as they normally do, and place a negative marker on the account. O2 wouldn't know who is or isn't paying the bill. The contract is in the OP's name, so they have the right to go through the cancellation process. Dealing with the aftermath of that is something the OP will have to deal with themselves, and that's probably best left to a solicitor.

I DO NOT WORK FOR O2



Funniest-Thread-2
Message 5 of 6
5,728 Views

Curr946
Level 26: Upbeat
  • 2174 Posts
  • 133 Topics
  • 44 Solutions
Registered:
I had a similar issue, best thing is pay it off beg o2 to remove the default / late payment markers and move on. Lesson learned.
Current Phone: Sony Xperia XZ Premium
Message 6 of 6
5,658 Views