What can O2 do if the contract holder is under aged?

mkr_2

Been going in and out of this site but decided to register and ask for advice. Basically, its a simple question of what can a mobile company do?

One of my close friends has a contract which he says he got and he is under 18, he said he got it from someone working inside o2 and they didnt do a credit check, his has his contract for a few months now and has decided he doesnt want it but o2 the company he is with are asking for payment for the rest of his remaining months which equals over £100.

His saying now that he is not going to pay anymore and they can't do nothing about it because the contract is void as he is under age, is this true?

Im 18 but I could also get this contract and I rather would do it through an insider rather than going through the hassle of checks and the fact that this is a company or business plan means not everyone can get it, however, this person who works within o2 can get them for anyone.

Just wondering what can O2 do if he says' im not paying and you cant do nothing because im 17'? Im sure he can get in trouble for this aswell?

Thank you!

mkr

matrix999

Not 100% sure but your friend on the inside may be done by obtaining services by deception, most certainly he will lose his job by misconduct and abuse of O2's computer systems.

cifpower

As he is under 18 the contract will be null and void. It is an absolute defence in court if O2 ever take it that far to recover money. The person who supplied him with the contract could be sacked if he knew the mobile phone user was under 18.

Jon_01

He isn’t liable for the cost of the contract, nor can he be if he’s under 18. There’s a implied moral obligation to pay for the used calls but that’s about it.

The other thing to consider. I’ve a friend who works with customer credit, she tells me that if the contracts not paid off it will appear as a default on his credit file (the fact he’s under 18, apparently is irrelevant), so that would affect his credit score when he dose try to get credit when he is 18 as these things stick on your file for 7 years.

Jon_01

One other thing. Has anyone else paid the monthly bill ? If they have they can be held to the rest of the contract.

mkr_2

Thats what I thought, I do business studies and we do go into a bit of Law, from what I know, the contract is void meaning o2 cant do anything about it but maybe they can hold his family liable? Can't he get done for fraud in a sense? even though he just spoke over the phone to get the contract?

He paid his first few bills via his sisters or brothers bank account (he got them to confirm, so, payment went through his family's account).

How often does this kind of stuff go on? I thought he was joking at first when he got it but for 3 months he has been using it, obviously paying his bills and O2 havnt even realised? His voice gives it away:p

Thanks for the info.

Lara

He obviously knew what he was getting into and obviously knew it was not legal. Hence he is noe fed up with the contract and knows it is illegal. If the inside person is a friend I wouldn't like HIM as a friend because as other's have said he will almost certainly face the sack.

Your friend has been very irresponsible and immature to sneakily do this. If can do that at 17 god knows what he'll be like in future years. He should carry on paying the contract that HE took out and take responsibility for his own actions.

Bossyboots

Jon_01 wrote:

One other thing. Has anyone else paid the monthly bill ? If they have they can be held to the rest of the contract.

On what basis? They have signed no contract or agreement to pay. Are you saying that anytime I pay something for one of my children I am bound by their contracts? I don't think so!

lazymoezy

Surely if O2 try persue this further only they can get in trouble by letting someone under the legal age of gaining a contract?

Im pretty sure if he wants to get away with it he can, if he planned htis intentially or not (moral issue) he can still get away with it as its o2's duty to do checks on people.

I can understand the other side, which is the fact that he done this knowing incase the bill or whatever is too high he dont have to pay due to his age. Morally it's incorrent, then again it's O2 we're talking about!

All I can say is that your friend kown as the "insider" it gonna be in deep bull$**t!