Ex has renewed Contract in my name = Fraud?

[Anonymous]

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  If I have this proof that I have rescinded my consent for her to access anything in my name, in my admittedly limited legal knowledge surely this renewal would constitute fraud?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.  

[jonsie · Accepted solution]

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.

[MI5]

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.

[Cleoriff]

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

[Bambino]

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.

[Curr946]

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.