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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had huge problems with what I believe is my ex wife

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I have had huge problems with what I believe is my ex wife fraudant activity. In a nut shell she is American, came into the UK around Jan 2011 and left around August 2011, during that time,I was not seeing her nor was I aware she was in the UK. I discivered a large number of accountants that had been opened in my name. I infact either settled them all or they where reasonable enough to clear the accounts.
In August of this year,I received a letter out of the blue from a collection agency Lowell Ltd,who told me I owed them £517.09 for their client Three Mobile. I explained that first of all I have never had any contract with Three mobile,but I was upon checking my records aware that my bank account was accessed on several occassion at that time. My ex wife was I imagine able to access my bank accounts at that time and my credit cards,but I have long sorted all this out. I was also aware that my ex wife was able to access my email,which ofcourse I changed immedialy I found out.
I explained all this to Lowell Ltd and received this reply
Dear Mr Coventry,
thank you for your enquiry in relation to a former three morbile account now purchased by Lowell. your comments have been noted and after corresponding with the original creditor three mobile we can confirm we have reaced an outcome regarding the matter.
Three Mobile have checked their records and have confirmed that this account relates to a mobile number of *********** which was opened on the 17th of February 2011. The account appiication address was your current address and the account was opened with three mobile directly.
The email address provided upon appication was***@******.***. three mobile confirmed that they received an email from this address on 2 March regarding a device issue which was resolved.
The last payment was received on the 17th June 2011 for £67.49. the remaining balance of an Early termination fee of £375.56 and airtime debt of £141.53.
We note your previous comments and understand you beleive this account could have been opened by a third party know to you, however please be advised that we can not pursue them for any monies owed. If you previously discussed a third party known to you that they would make arrangements tp ay this outstanding balance this would needc to be agreed between yourself and the third party.
Due to the information above ,we do not beleive that account was opened fraudulenty and can confirm that you remain fully liable for the balance etc etc etc.
My position is that whilst I do understand what they are saying and how it may look,they are fully aware of the huge problems this bloody woman now back in the USA has caused me.
Between the end of January 2011 and August 2011 I was away living in France,which I also told them.
My Mobile contract has always been with 02.
Is there anything that I can do and how do I reply to this letter?
Hello my name is ***** ***** I will help you.
Have you ever had that email address?
Customer: replied 2 years ago.

I hate to say it but I have that email address for years and years not that I have bothered with it

Ok. If you never knew about the mobile then they would have to show you took it out and used it. They would need evidence of that such as phone records, your signature etc.
They can't. They are just trying it on. You can contest it and any claim below £10,000 would be a small claim, this means they can't add legal costs.
They need evidence that it is you. its all very well and good for them to say its not fraudulent but then they only purchase the accounts, they want the £.
Therefore you should contest it and even say you will refer it to the Ombudsman.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

so can you tell me roughly how to reply and also I do not want my credit worthness to be changed by this

You need to reply back and say that it was not you and they are put to proof that you opened, used and are liable for the account.
They can't prove it and put them on notice that if they issue proceedings you will raise this and their conduct before a Judge and seek costs.
Does that help?
Customer: replied 2 years ago.

OK that's good but do they not have the proof in the case (that this woman ) it was my email and the fact that they claim payments from my account..

Yes but they must prove it on balance that you are liable. The onus would be on them.
Does that clarify?
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