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lost phone

wife recently got a expencive mobile phone on contract for son,on t mobile,been a tmobile customer for years,and got insuance out on it,after 2 weeks he lost it,then she got the phone blocked,rang insurance up to get a replacement phone only to be told that becouse he is not down as a main user the insurance is void,was told after ordering phone she should of stayed on line to listen to the term and conditions,surly this is not right,have not receaved anything through post,your thoughts please:(

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sounds right to me, the contract, and subsequently the insurance, is in her name therefore if someone else loses the phone it wouldn't be covered. Maybe you could try looking at your home insurance to see if you got any cover via that.
  • RadoJo
    RadoJo Posts: 1,828 Forumite
    1,000 Posts Combo Breaker
    edited 26 February 2010 at 12:26PM
    Having literally just come off the phone from taking out an insurance policy, I can confirm that I was offered the opportunity to listen to a full list of terms and conditions on the phone and when I refused (as I want to read them all when my policy comes) I was asked to confirm that I would take responsibility for reading through them myself.

    As such, I would say that unless the terms of your policy specifically allow claims to be made for a third party losing the phone, then you are on a hiding to nothing. Insurance companies are generally very well covered for this kind of thing as otherwise they would be paying out on claims left, right and centre, so I wouldn't have thought you'd have any recourse with them unless your wife was specifically told that you would be covered for your son losing it, and even the you'd have to prove it.
  • bribri_2
    bribri_2 Posts: 271 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 26 February 2010 at 2:36PM
    Have a look at the OFT website on distance selling regulationshttp://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

    in particular Para 3.10 Page 14 which states that contractural information on the phone must also be given in a durable (e.g. written) form as well.

    I am unsure, however, whether insurance is classed as a financial service as this document also states that "
    Contracts relating to financial services to consumers. However,
    these services are likely to be subject to the information giving and
    cancellation provisions contained in the Financial Services (Distance
    Marketing) Regulations 2004 (SI: 2095 2004) (FSDMR) and, where
    relevant, the Consumer Credit Act 1974 (CCA)."
  • A bit like pretending that you are the main driver of your 17 year old son's car. You tried to fiddle it and got caught. Tough.
  • stugib
    stugib Posts: 2,601 Forumite
    1,000 Posts Combo Breaker
    A bit like pretending that you are the main driver of your 17 year old son's car. You tried to fiddle it and got caught. Tough.

    Not really. Any phone insurance I've seen is a flat rate and not priced according to risk. Unless there's clauses about under 18s etc it would've been the same price and policy regardless of whether the OP or her child were the policyholder.
  • quick word,lads 20 was a birthday present
  • Hi I got insurance with T Mobile for 2 phones both in my name they said I could call insurance up and put another person on to insurance who would be fully covered, pity your wife didnt say it was her phone :o
    If you think nobody cares if you're alive, try missing a couple of car payments.;)


    Everyone is entitled to an opinion whether you think its right or wrong, courtesy costs nothing :cool:
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