If you are stuck in such a situation, here is what to do.

Mr. Sharma, a resident of Westbridge, was alarmed to receive a notification from his long-term internet provider, ConnectFast Ltd, stating that his service was being terminated. The reason given was that a new broadband service had been ordered for his address from a different company, MegaNet Solutions. Mr. Sharma had not authorised this change. Upon investigation, it appeared an unknown individual had fraudulently used his address to sign up for a new contract. With the switchover imminent, he contacted both companies but found the process to resolve the issue confusing and slow, leaving him worried about being without a crucial service and unsure of his legal standing.

Advice in such cases

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.
• Immediately contact both your current provider and the new provider. Inform them that the switch was not authorised by you and is potentially fraudulent. Request an immediate halt to the switchover process.
• Document everything. Keep a detailed record of all communications, including the date and time of calls, the names of the representatives you speak with, and any reference numbers provided. Save all emails and letters.
• Do not use the new broadband service. Even if it becomes active, using it could be interpreted as accepting a contract you did not agree to, which could complicate your case.
• File a formal complaint with both providers, outlining the situation clearly. This creates an official paper trail and obligates them to investigate under their complaints procedure.
• If the providers fail to resolve the issue satisfactorily within eight weeks, or if they issue a “deadlock letter,” you can escalate your complaint to the Communications Ombudsman service, which is a free and impartial body for resolving such disputes.
• Report the incident to Action Fraud. This is the UK’s national reporting centre for fraud and cybercrime. This action helps create a record of the fraud and may assist in wider investigations.

Applicable Sections of Law

Several pieces of UK legislation and regulation are relevant in this scenario:

• Fraud Act 2006: Specifically Section 2, Fraud by False Representation. The person who signed up for the new service falsely represented that they were the resident of your address or had your authority to do so, with the intent to make a gain (obtain broadband service) for themselves.
• The Communications Act 2003 & Ofcom General Conditions: The communications regulator, Ofcom, sets rules that all providers must follow. General Condition C7 covers switching. The gaining provider (MegaNet Solutions in this story) has a responsibility to ensure that any switch is genuinely requested by the legitimate customer. A failure to have robust checks in place is a breach of these regulatory conditions. This practice is often referred to as ‘slamming’.
• Consumer Rights Act 2015: Your contract with your original provider (ConnectFast Ltd) requires them to provide their service with reasonable care and skill. Allowing your service to be terminated based on a fraudulent request from another company could be argued as a breach of this contract.
• Computer Misuse Act 1990: If the fraud involved hacking or otherwise gaining unauthorised access to your online account with your provider, this Act could apply.

If you are the complainant

As the person whose address has been used, you are the primary complainant. Your immediate goal is to prevent financial loss and restore your legitimate service. You must proactively inform all parties that you do not consent to the new contract and that it is fraudulent. Follow the advice steps meticulously, focusing on clear communication and evidence gathering. Your complaint to the providers and the Ombudsman should detail the inconvenience and any costs incurred due to the loss of service.

If you are the victim

As the victim of this fraud, your priority is to secure your personal information and correct the record. Beyond the disruption to your internet service, your address has been misused. Reporting this to Action Fraud is crucial. You should also consider checking your credit report to ensure no other fraudulent accounts have been opened in your name. You have the right to have your original service restored without penalty and to not be held liable for any charges from the new, fraudulent account.

How the police behave in such cases

In most instances, the local police will not investigate this type of fraud directly. They will direct you to report the matter to Action Fraud. Action Fraud’s National Fraud Intelligence Bureau (NFIB) will then analyse the report. If there are sufficient leads or if your case is linked to a larger series of frauds, it may be passed on to a police force for investigation. However, for the individual victim, the most effective path to resolution is typically through the providers’ internal complaints processes and the Communications Ombudsman, not the police.

FAQs people normally have

• Can I use the new internet service if it’s active?
  It is strongly advised that you do not. Using a service for which you have no contract could be seen as acceptance of the fraudulent contract’s terms and conditions, making it harder to dispute the charges later.
• Will I be responsible for the bill from the new provider?
  No. A contract cannot be enforced against you if you did not agree to it. You are a victim of fraud. However, you must actively inform the new provider that the account is fraudulent to prevent them from pursuing you for payment and potentially damaging your credit rating.
• How can I get my original internet service back?
  Your original provider has an obligation to help you reverse the unauthorised switch. This is an industry-recognised issue. If they are not helpful, a formal complaint and subsequent escalation to the Communications Ombudsman is the correct procedure. The Ombudsman can compel the provider to take action.

What evidence is required?

• Copies of any letters or emails you received from either provider about the switch or the new account.
• A log of all phone calls, including dates, times, representative names, and what was discussed.
• Your formal written complaint to the providers.
• The crime reference number you receive from Action Fraud after reporting the incident.

How long will the investigation take?

The timeline can vary. Providers’ internal complaints teams should ideally resolve the matter within 1-2 weeks, but it can take longer. If you escalate to the Communications Ombudsman, a case can take several weeks or even a few months to be fully investigated and resolved. An Action Fraud investigation has no set timeline and may not result in a direct resolution for you, as its purpose is to identify and prosecute criminals.

Advocate Sudhir Rao, Supreme Court of India