Any law people about...is this fraud?
Discussion
I purchased a mobile phone early last year on behalf of my old company, which was registered to my company. A while after the purchase it was no longer needed but as we were tied to a contract we kept hold of it and for security reasons it was kept at my home in a draw.
I recently left the company (Dec) but as yet not returned the phone.
This morning I received a letter from Carphone Warehouse, from whom we purchased the phone, confirming a direct debit instruction from me for the said phone. Now, Carphone Warehouse must have received confirmation to change the account details, but they haven't got them from me.
Fraud?
>>> Edited by Ian W on Saturday 11th January 15:11
I recently left the company (Dec) but as yet not returned the phone.
This morning I received a letter from Carphone Warehouse, from whom we purchased the phone, confirming a direct debit instruction from me for the said phone. Now, Carphone Warehouse must have received confirmation to change the account details, but they haven't got them from me.
Fraud?
>>> Edited by Ian W on Saturday 11th January 15:11
Defrauding who. Exactly.
Whichever legal entity signed the airtime contract is obliged to keep up the monthly payments until the agreement is cancelled within the terms of the airtime contract.
If your old company have said you can keep the phone and you want to be able to use it fill in the direct debit mandate and send it back to the airtime provider.
If you don't have permission to keep the phone and/or don't want it hand it back to your old company and tell them to go feck themselves.
DAZ
Whichever legal entity signed the airtime contract is obliged to keep up the monthly payments until the agreement is cancelled within the terms of the airtime contract.
If your old company have said you can keep the phone and you want to be able to use it fill in the direct debit mandate and send it back to the airtime provider.
If you don't have permission to keep the phone and/or don't want it hand it back to your old company and tell them to go feck themselves.
DAZ
Ian W said: DAZ
My point is, surely someone must have signed my name to initiate a direct debit from my account?
Holy sh1te.
You mean your old company have given your personal bank details to Carphone Warehouse who've thus already taken the money?
Sounds like your old company breaking the Data Protection Act. Effectively yourself and Carphone Warehouse are victims of some sort of fraud. I'd be looking for reimbursement and compensation.
DAZ
Difficult to make a judgement about whether a 'Fraud' has been committed on the information you have supplied.
'Fraud' is in itself not a specific offence. It is covered by legislation and several different pieces of the acts to cover different aspects of the way deception can occur under both the Theft Acts of 1968 & 1978.
A fraud is basically a deception to gain monetary advantage or some other value.
You have to consider ask yourself is or has anyone done anything dishonest?
It is possible that a mistake has occurred.
You will need to dig around a bit and ask a few more questions of Carphone Warehouse to ascertain exactly what has happened.
Would your old company want to deceive you out of the money and why would they as they do not have use of the phone?
You still have the phone as I understand it so in essence the company may have assumed that as it is still in your possession, then you must be responsible for its contract if it was you that originally signed the contract on behalf of your company.
It would be worthwhile finding out how Carphone Warehouse got hold of your bank account details but other than that, It dosen't sound like anything fraudulent has actually happened.
As stated above, there may be data protection issues but that would be about all.
'Fraud' is in itself not a specific offence. It is covered by legislation and several different pieces of the acts to cover different aspects of the way deception can occur under both the Theft Acts of 1968 & 1978.
A fraud is basically a deception to gain monetary advantage or some other value.
You have to consider ask yourself is or has anyone done anything dishonest?
It is possible that a mistake has occurred.
You will need to dig around a bit and ask a few more questions of Carphone Warehouse to ascertain exactly what has happened.
Would your old company want to deceive you out of the money and why would they as they do not have use of the phone?
You still have the phone as I understand it so in essence the company may have assumed that as it is still in your possession, then you must be responsible for its contract if it was you that originally signed the contract on behalf of your company.
It would be worthwhile finding out how Carphone Warehouse got hold of your bank account details but other than that, It dosen't sound like anything fraudulent has actually happened.
As stated above, there may be data protection issues but that would be about all.
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