Mobile phone contract liability

12bdebt3

This is a problem of someone I know but I'm looking for advice on here for them, because you lot are clued up.

Basically person 1 took out a phone contract on behalf of person 2 with the intention and verbal agreement that person 2 would switch the contract over into their name. This was done because person 2 couldn't set up direct debits, so was intending to pay person 1 monthly. Stupid of person 1 I know, I've questioned the logic in my head hundreds of times!

So obviously there has been a fall out and person 2 didn't switch the name over. Person 1 never went to person 2's house, so doesn't know where they live or anything like that. Person 2 is a builder on contracts so will switch jobs often around the area, so isn't really contactable from work. Obviously they are not replying to any phone calls or texts of anything like that.

Is there anything that can be done? Is person 2 liable for anything?

Personally, I think that person 1 is completely liable because they took out the mobile phone contract in their name and with the intent to switch the names over they would have broke the terms and conditions.

pmduk

all person 1 can do is try and initiate a civil case against person 2.

12bdebt3

Would it be classed as fraud or misrepresentation or just breaking the terms of the contract? Person 1 did not inform the phone company that they intended to change the name of the person on the contact.

P.S. You live right near me; I'm from Swinton.

Wintermute

Person 1 is liable, but Person 1 could always take actions to retrieve any costs incurred and the handset from Person 2 based on the verbal agreement they have. What Person 1 should do is report the phone stolen until they get this sorted and change the security question on the account so Person 2 cannot take any action on the account or have any use from the handset.

pmduk

The phone isn't stolen though, so be careful with that. The phone was handed over voluntarily. You could land yourself in police trouble reporting a phone stolen when it hasn't been

System

But the first thing I would do is report the phone missing to the provider and get the sim & phone blocked. That would put person 1 back in full control of the contract.

Person 1 is fully liable as far as I can see.

Exhortation

!!!!!! wrote: »

Person 1 is fully liable as far as I can see.

That's my take on it, too.

What kind of person takes out a mobile phone contract for someone without even knowing where they live? Some people deserve everything they get in life. :huh:

KingElvis

But if person 1 didn't take it out for person 2, person 1, 2 and 3 would then become liable for the calls made by person 2 on a Tuesday, person 1 on months with 31 days in them and person 7 would be chased for the debt.

Hope that clears it up for you.