help needed re t.mobile contract.

the_gorgeous_one · 15 October 2008 at 9:38PM

My 18 yr old daughter signed as garantor for her 17yr old friend, now ex friend. A lot stupid i know but she insists the shop assistant assured her nothing would come back to her and she was just signing to say the girl could have a phone and it was her 18th 2 weeks later so all would be ok and in her name. Surprise surprise the friend didn't pay her bill and t mobile came straight to my daughter. This has gone on for a few months with daughter phoning t mobile after each letter to explain it wasn't her contract and the 'friend saying she would pay it at the end of the month. Daughter received a letter last week from a debt management company saying they were taking my daughter to court. My daughter has had a rough year and is now at college after losing her job due to ill health therefore doesn't receive any money other than us giving her £30.00 a week for transport to college. I spoke to the company on her behalf and have agreed to pay £20.00 a month and daughter is looking for a job, weekend or evening. All this I am totally sick about, the 'friend' has moved, we dont know how to contact her parents but they are not obliged to do anything anyway. What i am most annoyed about is that an immature 18 yr old was persuaded to sign a contract for an immature 17 yr old. This must be bad selling which is unlawful for insurances and banks. If I write to t mobile will this just to be to vent my frustrations or is there some loophole that we can follow. The bill went from £146.00 tp £616.00 because t mobile cut off the phone and this was the charge rather than any phone calls. We dont even have the phone.

lawbunny · 16 October 2008 at 3:43PM

Firstly, if the friend has disappeared off with the phone/sim then call T-Mobile straight away and report it as lost/stolen. They will suspend the sim and block the phone so the friend cannot use it. Your daughter can get a replacement sim card delivered to herself so at least she can use the contract, but she will not get a new phone.

Secondly, T-Mobile do not offer a "guarantor" system. Sounds like your daughter was talked into actually taking out the contract in her own name, so it is actually her contract, she was just letting the friend use it. Additionally, even if she was advised she was a "guarantor", this also means that she would be held solely and wholly responsible for the contract should the friend default payment anyway.

Yes, your daughter may only have been 18 but legally she is deemed old enough to fully comprehend the terms and responsibilities of a legal contract, and to be bound by its terms. I assume she signed the contract of her own free will?

You can register a formal complaint with T-Mobile at [EMAIL="cust.rel@t-mobile.co.uk"]cust.rel@t-mobile.co.uk[/EMAIL] but you would have to try to prove she was missold the contract.

the_gorgeous_one · 18 October 2008 at 12:36AM

Thanks Lawbunny for your advice. I told my daughter what you said and she has phoned t mobile and trading standards. T mobile confirmed her name was on the contract and have also advised she put her complaint in writing to t mobile. Trading standards recommended we get a copy of the contract and contact them back when we have it. In the shop today we spoke to the manager who was helpful in that he got a print out of the contract and will get the original copy for next week to see who signed what as the friends details were on the contract as well as my daughters. I live in hope that we can sort this mess out and am prepared to try for I believe there was some misselling going on as there is with some insurances such as mortgage protection and PPI. Lots of people took these out without realising the consequences. Wish me luck please. If it has to be paid, so be it but I don't plan to part with my hard earned cash till I have tried to fight it.

lawbunny · 19 October 2008 at 10:55PM

No problem, glad to help.

Her friend's details may indeed be on the contract, as you can add "user details" on to a T-Mobile account, but this doesn't really count for much. Ultimately, the account holder (your daughter) is responsible for the contract. I'm glad to hear the store manager is helping you, but if the paper copy of the contract shows your daughter signed it then the only other option is really contacting T-Mobile with a formal complaint.

I realise that sometimes salesmen in stores will sometimes bend the truth a little or omit details in order to get a sale and commission, but proving it is hard.

Good luck to you though!

help needed re t.mobile contract.

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