Unauthorised credit agreement

[Adamlulham]

Dear Sky Complaints Team,

I am making a formal complaint regarding an unauthorised credit agreement for an Apple laptop that was taken out using my Sky account without my knowledge or permission.

I want to make it absolutely clear that I did not request, apply for, authorise or agree to this credit agreement.

My former girlfriend accessed my Sky account without my permission and arranged the purchase of an Apple laptop using my account and details. The laptop was then delivered to my address because the order had been placed through my Sky account.

I did sign for the physical delivery when the package arrived. However, my signature confirming receipt of a package is not consent to a credit agreement, nor does it mean that I authorised the purchase or agreed to become liable for the debt. My former girlfriend took possession of the laptop and subsequently left the UK. She is now refusing to make the payments.

The outstanding balance is currently approximately £657, and Sky is continuing to take the repayments from my bank account because the credit agreement was incorrectly associated with my Sky account.

I dispute liability for this agreement in its entirety.

I understand from Sky’s own information that a laptop purchased through this facility is subject to a regulated credit agreement and that the customer is required to sign the credit agreement online before the order is confirmed.

I did not knowingly complete or authorise that process.

I therefore require Sky to investigate how this credit agreement was created and, specifically, how Sky concluded that I personally authorised and entered into the credit agreement.

Please provide me with the following:

1. A complete copy of the credit agreement allegedly entered into by me.
2. The electronic record/audit trail showing how and when the agreement was signed.
3. Details of the authentication and identity checks carried out when the credit agreement was created.
4. The date and time the credit application/order was submitted.
5. Details of the device, including the Apple laptop’s serial number/IMEI or other identifying information.
6. The delivery details and records relating to the order.
7. Details of any fraud, identity or credit checks carried out in connection with the application.
8. Confirmation of the total amount that has already been taken from my bank account in relation to this agreement.
9. Confirmation of whether this agreement or any missed payments have been reported to any credit reference or fraud-prevention agency.
10. Confirmation of what action Sky will take to correct any information that has been incorrectly recorded against me.

I also request that Sky places the disputed credit agreement under formal investigation and does not treat me as having accepted liability for the £657 outstanding balance while this dispute is being investigated.

I further request that Sky does not report any missed payments or adverse information to credit-reference agencies in relation to this disputed agreement. If any adverse information has already been reported, I request that this is reviewed and corrected where appropriate.

I am able to provide evidence supporting my account of what happened, including correspondence with my former partner concerning the laptop and her possession of it.

I am also considering reporting the matter as suspected identity/credit fraud. The Financial Ombudsman Service recognises cases where a third party uses someone’s identity to obtain goods or credit without their consent as potential identity theft. 

I expect Sky to investigate this based on the evidence rather than simply relying on the fact that the order was made through my Sky account.

If Sky believes that I personally authorised this credit agreement, please provide the evidence on which that conclusion is based.

If Sky is unable to demonstrate that I authorised the agreement, I expect the agreement and associated liability to be removed from my account, any money taken from me in relation to the unauthorised agreement to be reimbursed, and any adverse information reported in connection with it to be corrected.

Please treat this as a formal complaint and a formal dispute of liability and provide me with a complaint reference number.

If this matter cannot be resolved, please provide me with your final response/deadlock letter so that I can refer the complaint to the appropriate independent dispute-resolution service, including the Financial Ombudsman Service where applicable.

I look forward to receiving your written response.

Yours faithfully,

Adam lulham

[Daniel0210]

@Adamlulham 
You aren’t talking to Sky by posting here. If you are new to the forum then welcome to the Community which is made up predominantly of Sky customers helping other Sky customers which includes additional help from customers who are Superusers like myself.

You haven't said whether you'd taken the obvious step in reporting it to the police or Action Fraud.

This link explains the methods of making a complaint.

https://www.sky.com/help/articles/how-to-make-a-complaint 

Sky will then have up to 6 weeks to resolve it or you can then request a deadlock letter potentially allowing you to take it further.

Also see this link

https://www.sky.com/help/articles/sky-customer-complaints-code-of-practice/

[GD1]

@Adamlulham  As this is a customer helps customer community nothing can or will happen to your complaint as you need to go through the correct routes detailed above.

Sky won't address or respond to your post here Sky won't know who you are from a community login.

If your accusing another person of setting up a credit agreement in your name have you reported it to the relevant authorities?

Why did you not contact Sky when you received & signed for the laptop if you never ordered it?  Surely then it could have been resolved much quicker?  Did you not question why a laptop was sent to your address under your name?  Why have you waited for so long before raising this?

Despite payments being taken from your bank did you not address it then?  Or are you trying to get the credit agreement nulled since your ex refuses to pay you now?  Was she paying you before?

There is something not right here or you're not giving the full story, Sky will also ask the same kind of questions as you should have raised it when you received the item you didn't order, not wait months down the line and then raise it when your girlfriend leaves?

Sky may be of the opinion you knew about this and have only now raised it as an issue as your ex refuses to pay you.

[MightyQuinn]

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@Adamlulham wrote:

I look forward to receiving your written response.

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Hi @Adamlulham   I'm afraid that you will be waiting forever. Please see Welcome below for information about this public community forum.

[martswain]

The credit agreement IS correctly associated with your account as the laptop was ordered via that account.

Sky will likely argue that you either did order it yourself or failed to keep your account details secure and enabled a third party to access it.

It sounds a right old mess.

[Mark39]

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@Adamlulham wrote:

.

My former girlfriend accessed my Sky account without my permission and arranged the purchase of an Apple laptop using my account and details.

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You gave her access to your password then. Sounds to me like your claim is against your ex, not with Sky.

[DaveDrizen]

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@Adamlulham wrote:

Dear Sky Complaints Team,

I am making a formal complaint regarding an unauthorised credit agreement for an Apple laptop that was taken out using my Sky account without my knowledge or permission.

I want to make it absolutely clear that I did not request, apply for, authorise or agree to this credit agreement.

My former girlfriend accessed my Sky account without my permission and arranged the purchase of an Apple laptop using my account and details. The laptop was then delivered to my address because the order had been placed through my Sky account.

I did sign for the physical delivery when the package arrived. However, my signature confirming receipt of a package is not consent to a credit agreement, nor does it mean that I authorised the purchase or agreed to become liable for the debt. My former girlfriend took possession of the laptop and subsequently left the UK. She is now refusing to make the payments.

The outstanding balance is currently approximately £657, and Sky is continuing to take the repayments from my bank account because the credit agreement was incorrectly associated with my Sky account.

I dispute liability for this agreement in its entirety.

I understand from Sky’s own information that a laptop purchased through this facility is subject to a regulated credit agreement and that the customer is required to sign the credit agreement online before the order is confirmed.

I did not knowingly complete or authorise that process.

I therefore require Sky to investigate how this credit agreement was created and, specifically, how Sky concluded that I personally authorised and entered into the credit agreement.

Please provide me with the following:

1. A complete copy of the credit agreement allegedly entered into by me.
2. The electronic record/audit trail showing how and when the agreement was signed.
3. Details of the authentication and identity checks carried out when the credit agreement was created.
4. The date and time the credit application/order was submitted.
5. Details of the device, including the Apple laptop’s serial number/IMEI or other identifying information.
6. The delivery details and records relating to the order.
7. Details of any fraud, identity or credit checks carried out in connection with the application.
8. Confirmation of the total amount that has already been taken from my bank account in relation to this agreement.
9. Confirmation of whether this agreement or any missed payments have been reported to any credit reference or fraud-prevention agency.
10. Confirmation of what action Sky will take to correct any information that has been incorrectly recorded against me.

I also request that Sky places the disputed credit agreement under formal investigation and does not treat me as having accepted liability for the £657 outstanding balance while this dispute is being investigated.

I further request that Sky does not report any missed payments or adverse information to credit-reference agencies in relation to this disputed agreement. If any adverse information has already been reported, I request that this is reviewed and corrected where appropriate.

I am able to provide evidence supporting my account of what happened, including correspondence with my former partner concerning the laptop and her possession of it.

I am also considering reporting the matter as suspected identity/credit fraud. The Financial Ombudsman Service recognises cases where a third party uses someone’s identity to obtain goods or credit without their consent as potential identity theft. 

I expect Sky to investigate this based on the evidence rather than simply relying on the fact that the order was made through my Sky account.

If Sky believes that I personally authorised this credit agreement, please provide the evidence on which that conclusion is based.

If Sky is unable to demonstrate that I authorised the agreement, I expect the agreement and associated liability to be removed from my account, any money taken from me in relation to the unauthorised agreement to be reimbursed, and any adverse information reported in connection with it to be corrected.

Please treat this as a formal complaint and a formal dispute of liability and provide me with a complaint reference number.

If this matter cannot be resolved, please provide me with your final response/deadlock letter so that I can refer the complaint to the appropriate independent dispute-resolution service, including the Financial Ombudsman Service where applicable.

I look forward to receiving your written response.

Yours faithfully,

Adam lulham

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1. In you post you make comments to a credit agreement taken out in your name, however if you already have a sky account  you can order items like lap top and phone without a  actual credit agreement taken for that individual item. I just tried it as established Sky customer to see what happen if I wanted to order a laptop on the Sky.com website like your girlfriend must have done. After logging in to my account all you need to do is find the item you want and select it which goes in your basket. Then you click on and basket and press check out. Then you get a screen that ask you are the Sky account holder and ask you for two selected digits of the bank account that connected with Sky account that takes your direct debit to confirm . I did not go any further with that as I was not actually going to buythe lap top just wanted to see what was involved if I did . But from what I can see that all required to purchase such items on line  as existing Sky account holder. So all your girl friends  need was you Sky account holder login information and your the  bank account information that you pay Sky.  
   So either at some time you must have gave your girlfriend that information or she obtained fraudulently. Either way that was enough information to prove to Sky that it was you the  account holder ordering the lap top. No credit agreement is need you as  already are a exsisting  established   Sky account holder with bank account direct debt set up, therefore  that all Sky needs to take payments and process the order.

[GD1]

@DaveDrizen  I'm afraid your post is incorrect, any item bought on credit will have a credit agreement which is sent to the customer via their account/mysky app &/or email, this needs to be electronically signed.

However your point stands that they must have had acces to the owners Sky account to order anything.

[caesarome]

@DaveDrizen 

A credit agreement will have to be signed so what you have said is incorrect as Sky are not going to give you a device than can cost hundreds of pounds if there is a risk the purchaser is not going to be able to afford to pay it off so to say otherwise is just wrong.

[DaveDrizen]

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@GD1 wrote:

@DaveDrizen  I'm afraid your post is incorrect, any item bought on credit will have a credit agreement which is sent to the customer via their account/mysky app &/or email, this needs to be electronically signed.

However your point stands that they must have had acces to the owners Sky account to order anything.

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Ok point taken though as you the customer has to electronically sign the agreement but Sky  dose not actuly have a copy of my signature  to compare, They have never asked mr for it, so how do they know that person signing the agreement is actually account holder, the signature  or squiggle of a signature as in  this case could be anybodys May be they should also do a ID check as well and and the customer has  to scan a picture of say there  passport or driving licence as well which dose have your actual signature on it  to prove that person or ordering  the equipment is who they say they are, thus not only stoping  things like this happening but will also stop the scamers doing it as well.

[Mark39]

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@DaveDrizen wrote:

Ok point taken though as you the customer has to electronically sign the agreement but Sky  dose not actuly have a copy of my signature  to compare, 

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Sky don't use physical signatures anywhere to verify a customer's identity. They will have sent the docusign request securely to the customer's account, knowing that the customer will have to sign in as usual to their account in order to access amd authorise it. 

Other companies do the same where a 'signature' is required to authorise a contract etc.

[DaveDrizen]

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@caesarome wrote:

@DaveDrizen 

A credit agreement will have to be signed so what you have said is incorrect as Sky are not going to give you a device than can cost hundreds of pounds if there is a risk the purchaser is not going to be able to afford to pay it off so to say otherwise is just wrong.

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I presume attached the credit agreement there also credit check done to insure the customer is able to afford to make payments even though they like me br Sky customer for year and never missed a payment. As you say Sky are not going to give dice costing hundreds of pounds with insuring  the can afford to pay for it. 
To be honest if I was to try to purchase a item like a lap top or iPhone on credit though Sky I think when they did a credit check I would probably fail due to my financial position. Yes I have been Sky customer for years and never missed a payment and in practice have plenty of money to buy such things and have quite a lot in savings. So in reality I could afford shuck items I have iPhone and I pads which I buy paying the full cost at the time of purchase. However apart from some very small pension ( totaling under £100 a month)  the only other only other income we have is mine and my wife state pension which to many would be barely enough to live on never mind afford lap tops and iPhones ect. But as I own the property my wife and I live in out right so there in no mortgage to rent to pay every month. Nor do we smoke or drink so we don't spend on any money such items .  In my circumstances not only I can we live on our state pension but enough to even put some away as savings. However if a credit check is done on me I know it will  probley fail because statistically the amount of income  just  the start pention I have to credit agency's my income  is too low to guarantee the ability to afford such items.

[NickNewark]

@Adamlulham If the package is still sealed and unopened, then I'd imagine if you contact Sky, I'd have thought you'd be able to return it. You don't say how long it's been since you received it ? 

[DaveDrizen]

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@NickNewark wrote:

@Adamlulham If the package is still sealed and unopened, then I'd imagine if you contact Sky, I'd have thought you'd be able to return it. You don't say how long it's been since you received it ? 

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The post says his girlfriend some our took possession of the item and since left country. So he longer has the package to return.

[Daniel0210]

There's a noticeable lack of a response from the OP to questions and points raised on this thread. Like someone has already mentioned I don't think we've had the full story here.