illegal mobile phone contract?

bkerbabe41

Hi everyone, never done this before so please be gentle. I'd appreciate some help if you can, my son's ex girlfriend has taken out a mobile phone contract in his name, which he knew about but she said she would be paying it. Now she's told him she won't pay anymore and t mobile say he has to pay for it. the police have been informed as she's used his bank details without his knowledge as well as the bank and t mobile. anything else i can do? please.

spiro

If he knowingly let her take out a contract in his name then technically I think he is an accessory to fraud. If this has been going on for some time before she stopped paying them T-Mobile will argue that he was responsible and may well have a case for him to be liable for the bill (need someone with more knowledge on law for this). How long is the contract, how long to go and how much per month?

essexman77

You say your son knew about it being taken out and sounds like they have split up now she does not want to pay for it.Your son is responsible if they made a deal where by she pays him but if she took out contract without him knowing at all then she has done it by deception but by the sounds of it he knew.

JJ_Egan

my son's ex girlfriend has taken out a mobile phone contract in his name, >>>which he knew about><>>>

That was fraud by both parties .
Suggest he sees CAB or some other form of legal advice .

jje

gjchester

bkerbabe41 wrote: »

my son's ex girlfriend has taken out a mobile phone contract in his name, which he knew about but she said she would be paying it. Now she's told him she won't pay anymore and t mobile say he has to pay for it. the police have been informed as she's used his bank details without his knowledge as well as the bank and t mobile. anything else i can do? please.

T-M are correct in that he's the person who signed up, what agreement he had with the ex is not their concern.

It's not fraud at all as they agreed about it at the time of the start of the contract that payment would come from his account. It's no different to say a married couple where the cash comes from one account and they split up for any reason.


It's a civil matter between the two parties involved over the agreement they had between them then and now, but it's not fraud.

Sorry it's proably not the answer you were hoping for.

jayme1

he could at least take the mobile phone that came with the contract off her and sell it then use the money to offset the cost of the rest of the contract and then use the sim for his calls or give it to someone he trusts to use it (eg a sibling or parent) who could use the free mins/texts.
this way may be better value for money than selling the mobile and paying off the rest of the contract.

TwistedPsycho

and if she is still using the phone and refusing to pay for it, report the thing as lost to get it blocked.

keith1950

Hi, bit of a confusing post, could you tell us more facts ?

Did this happen after they split up?

Did your son agree to this in any way?

When you say your son knew about this what do you mean?

If she has taken out this contract completely unknown to him , then explain that to the police and they will deal with it.

If your son in any way knew she was going was going to do this or actually previously agreed to it then he is most probably responsible.

As has already been said, if this contract was taken out some time ago so that he has had direct debits going out and since splitting up he has now brought this up then it does look that he was complicit.

Your post suggests that he agreed to her using him to get the contract but she was going to pay the direct debits, in which case he is complicit to fraud.

Are you sure he didn't just get her a phone in his name and now they have split up she isn't paying?

It all sounds a bit dodgy. Unless she has done this completely by herself and he only noticed it when to first direct debit came out in the last few days I would be very carefull what you say to the police as he would be complicit to fraud.

Gordon_Hose

Report it lost.

neil40

Gordon_Hose wrote: »

Report it lost.

At least then you will only have to pay the minimum line rental & not any potential international calls etc.

swanswan1

If his ex said that she would pay him back each month for the contract, then she has entered into an oral contract with your son to pay this.

The mobile phone company have no obligation to end the contract.

If she refuses to pay the only thing you'd be able to do is go to court about it... However these things are hard to prove, and time consuming.

Also, it is illegal to sign a contract in someone elses name, if your son set the contract up himself it is legitimate but if the girlfriend did it in his name the other posters are right, it's technically fraud.