Mobile network sent out someone else's sim instead of mine

beardyco

I lost my mobile phone last week. I called my mobile phone network to get a replacement sim card. 4 days later I received a sim in the post. Popped it into my PAYG cheap phone I bought and I started receiving random texts from unknown numbers.

Called my network to activate the sim to my number and they are saying they couldn't do it, she put me on hold to try calling my actual number and said that it was ringing.

So it seems that I have received someone elses number/sim and they have my number/sim. They have told me to wait 3-5 days for another sim to be sent out already activated but I'm thinking they have breached my contract somehow.

Could anyone else confirm I have something here. I could have been receiving personal information from friends/family/banks/online with usernames/passwords/contact numbers and someone has been receiving the information for the past 4 days.

The network is saying they took all the precautions and suspended my number but only because I alerted them.

JJ_Egan

No breach of contract .
Have you read the contract ??

dealer_wins

OP you can now cancel your contract, get a refund of every bill you have ever paid (Including your council tax and utilities) and receive 3 million in compensation.

beardyco

Nice to see people can be quite unhelpful when not required

NFH

JJ_Egan wrote: »

No breach of contract .
Have you read the contract ??

There are terms of the contract that are not necessarily included in the written contract. For example Section 13 of the Supply of Goods and Services Act 1982 states:

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

Clearly by sending you someone else's SIM card, they have breached this implied term.

forgotmyname

I had a new SIM supplied with my new phone, The wrong size though.

I thought just pop the SIM in and away you go as previous upgrades. Nope not this time. I had to log onto the net and goto the SIM swap page.

Input the new and old numbers.

Thats a 1st.

Can i get compensation also 3 minutes of my life wasted.

JJ_Egan

NFH wrote: »

There are terms of the contract that are not necessarily included in the written contract. For example Section 13 of the Supply of Goods and Services Act 1982 states:

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

Clearly by sending you someone else's SIM card, they have breached this implied term.

In that case the OP can refer this post and cancel his contract under SOGA . Presume that would be best done in writing rather than a phone call .

NFH

JJ_Egan wrote: »

In that case the OP can refer this post and cancel his contract under SOGA .

SOGA is the Sale of Goods Act 1979. We're not talking about goods here.

Buzby

Since incompetence is allowed - and you have to admit that this was such an error, 'reasonable care and skill' is an aspiration - but not one the consumer is an arbiter - especially if their credit file is ripe for a big juicy default.

It's fine playing games and stamping your feet, but not if you've let them access your file and your bank account - that's just lighting a fire you'll find it hard to put out.

JJ_Egan

NFH wrote: »

SOGA is the Sale of Goods Act 1979. We're not talking about goods here.

You said
There are terms of the contract that are not necessarily included etc etc .

NFH

JJ_Egan wrote: »

You said
There are terms of the contract that are not necessarily included etc etc .

Yes, I did. But I said nothing about SOGA (Sale of Goods Act 1979). That legislation does not apply here.