What sort of solicitor do I need?

[monstertufts]

Years ago my ex took out a mobile contract in my name, without my knowledge or permission. In 2012 he stopped paying it, and I learned of its existence when I started getting letters from debt companies.

I have done everything I can re reporting the debt as fraudulent, and let the company know. The company refuses to remove the debt from my credit record. I have several times asked them to produce evidence that shows that it was me who took out this contract - they have never done that, but simply keep denying that it was fraudulent. They say that they have communication from me from 2007 giving my ex permission to speak to him about the account ... they haven't said what sort of communication, so I'm guessing either a phonecall (not from me!) or an email from an account that was set up to look like it was me (all pretty much bread-and-butter activities from my ex).

I reported this to the Ombudsman, who told me that they don't deal with cases of fraud, so can't help.

So, I am now looking to engage a solicitor. But I don't know what type of solicitor I need. When I search online for solicitors who deal with fraud, I find ones who represent people accused of fraud ... that isn't the case here. Can anyone help point me in the right direction?

Right. So fraud as a civil action is very rare and the burden of proof is very high. There are very few cases of private persons bringing actions for fraud. That’s why you are unlikely to find anyone who represents. What you are looking for really is a commercial litigation/contract litigation specialist plus. You need to find someone who has a good understanding and experience of litigation and contractual matters and who has the brains to tackle the fraud issue (be warned, many solicitors are quite thick). Best to avoid high street firms unless someone specific is reccomened to you. Which part of the country are you in? Do you know anyone who has been involved in litigation recently? Ask them who they used.

Thank you Racecardriver. I'm in Oxfordshire. Re the burden of proof ... would the company not have to prove that I took out the account, or knew about it? If that's not the case, then wow ... there seems not much stopping anyone from taking out a contract in anyone else's name.

If you are in Sth Oxon and can go to Reading I would suggest Ally Tow at Boyes Turner.

Thank you ShalomJackie - I just looked her up and left a message with the receptionist at Boyes Turner!