Tesco Mobile Mis Sold SIM Contract

babalooty

A friend was between addresses but needed to buy a mobile phone.
She went to a tesco mobile store.
Part of the process was to register a SIM to an address.
Not being of fixed address she called me at work and asked to register the SIM to my address.
A little wary i spoke to the salesman over the phone.
He assured me my details would not be linked to any contract and my details would only be used to register the SIM.

I gave him my address.
He then asked for my bank details assuring me that they would not be used for a contract the details being used only by his system to confirm my address for registration.
I gave my bank details on the firm and clear understanding that i wanted no involvment in a contract. He assured me saying since i was not in the store I could not sign anything so could not possibly have a contract.

3 weeks later i get a letter welcoming me to tesco mobile pay monthly. i have ben entered into not one but TWO contracts in my name!!!

Calls to tesco customer care have yielded nothing, police do not want to know, the store, they only keep till records for 3 weeks and cannot tell me who processed the sale as they have a duty of care towards their staff!!!

My " friend" has dissapeared.

I am about to take the store to small claims court to recover what it is going to cost me to cancel the contracts. I am paying the monthly bill now to prevent the debt beng passed to a debt collection agency and damaging my credit rating.

Any thoughts anyone?

Tesco fraud team say hey have investigated but they have lied, i have found out from the store that they have not been contacted.

I have asked tesco mobile to show me a copy of the contract with my name on but they refuse saying no record exists.

Can anyone advise me?

Thanks

wealdroam

If Tesco state that they have no record of your agreement, then stop paying.
By paying the monthly bill, you may well be deemed to be acknowledging that the contract is yours.

If there really is a debt, they will have proof... they must have proof.

If the so called debt gets passed to a debt collecting agency, then deny the debt and ask them for proof of the debt.

lateandlive

I find it very hard to believe that without your signature on any form of contract, that their argument would stand up in any court. That's like me putting a random address onto a form and claiming that constitutes a binding agreement.

Equally, I'd think that the Tesco store probably mean they keep the paperwork for 3 weeks before it's forwarded to their Head Office, and the Police will have no interest as it's not a criminal case.

Tesco's fraud team may well have investigated; I doubt they do so by going to the store (especially if that store have forwarded the contract documents), more likely they do it from their head office as all the computer systems would be linked up to the tills. The store probably don't even know they're being investigated.

It'd be interesting to know the wording of the letters. If you've contacted Tesco and they say there's no record of a contract, how can they also be charging you a monthly fee? I would think something's cocked up somewhere, prospectively the way it's been put through the till by the sales assistant.

xxJudexx

You say you got a letter so did you give them your name as well or is the letter addressed to your friend? Surely if it is addressed to your friend then the contract is in their name and they owe the money? Or has your friend completely conned you and intended it to be in you name all along?

babalooty

I have to pay the debt or risk credit rating damage, the letter is in my name. No idea what the friend intended as she has dissapeared, no idea if she forge my signature.

lateandlive

I just find it....odd, I suppose. I mean, however much it might be a mistake in the processing of the purchase, I very much doubt Tesco would allow forging of signatures and so on. To open a mobile phone contract you have to do credit checks, have copies of your ID taken and sign the relevant forms - NONE of that could have been done without your express presence in the store. Even if your 'friend' forged your signature, they couldn't have shown ID to them.

If it's simply a mistake in processing then that's one thing, however if you genuinely think your friend forged your signature and opened a contract in your name then that IS a matter the Police would be interested in.

It's just the fact Tesco have no record of the contract...yet they're charging you for it?!

wealdroam

babalooty wrote: »

I have to pay the debt or risk credit rating damage, the letter is in my name. No idea what the friend intended as she has dissapeared, no idea if she forge my signature.

If you have no contract, then you do not have to pay the monthly fee.

Tesco on one hand tell you there is no contract, so how on earth can they charge you for this non-existent contract?

I have already said that by paying the monthly bill you may be acknowledging that the debt is yours.

What do you want people to say?

Sort it out with Tesco... it's the only answer.

babalooty

Yes you make the points i made. I have spoken to the store they say they canot do anything at store level customer " care" send me bact to the store. I think court action is the only way forward. I have witten letters and they have gone unanswered. Frustrated to the max tesco simply will not listen or do anything to help, they say they want money at 10£ a request for further information. They say is a civil action between me and my friend but the store used my details against my permission.

babalooty

I have paid the bill for this month, we are about to remotgage. I saw it as a balance frisk better to pay the bill than risk bad credit rating. If i was nt movig house i would not pay. I have made a log with customer care saying i have made a payment under duress.

lateandlive

babalooty wrote: »

Yes you make the points i made. I have spoken to the store they say they canot do anything at store level customer " care" send me bact to the store. I think court action is the only way forward. I have witten letters and they have gone unanswered. Frustrated to the max tesco simply will not listen or do anything to help, they say they want money at 10£ a request for further information. They say is a civil action between me and my friend but the store used my details against my permission.

Okay, there's clearly some confusion here. You need to approach Tesco and establish where the confusion has occurred. I appreciate it's not easy, but in reality both parts of the company (store and customer services) believe they're in the right.

You need to find out from them whether this contract does or doesn't exist. If Tesco say no and that it never has, then you need to get them to send you confirmation of this in writing and then stop paying for it. Anyone who questions that - you've got proof. You then need to approach them to get your existing payments back from them.

visidigi

babalooty wrote: »

between me and my friend but the store used my details against my permission.

You gave them all your details over the phone - including your bank details - I highly doubt a court would look on that favourably - as it is can you prove what was said and when on that call?

babalooty wrote: »

I have paid the bill for this month, we are about to remotgage. I saw it as a balance frisk better to pay the bill than risk bad credit rating. If i was nt movig house i would not pay. I have made a log with customer care saying i have made a payment under duress.

Proper way to do it, admittedly a pain, you're spot on by paying it until sorted out.