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Mobile phone charge

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  • visidigi wrote: »
    Oh I dont dispute that the responsibility lies with the OP, BUT - he's said he knows this. He understands this. He was asking if there is anything else that may assist him in lowering the charge.

    These threads never end well - to be honest, OP this simple answer is no, there isn't any right to a reduced charge.

    Thanks visidigi

    Just a note - I am a lady :-). Now i know i may be fighting a losing battle, but I will do my best to put together the strongest arguments and pursue this until i get somewhere - I like a challenge. Just a note - I once had a penalty charge because i manage to squeeze my car at the very first (what seemed like a narrower parkign space at a supermarket's car park). It turned out it was for motorcycles?! Couldn't see the sign on the ground very well. I did some research and using the code they gave me (it was incorrect in the first place) I emailed them my arguments and eventually they waived the charge! That was a rare sweet moment of success that i was so proud of..Obviously that is not to say I win every time...but I will try...:-)
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    Thanks visidigi

    Just a note - I am a lady :-). Now i know i may be fighting a losing battle, but I will do my best to put together the strongest arguments and pursue this until i get somewhere - I like a challenge. Just a note - I once had a penalty charge because i manage to squeeze my car at the very first (what seemed like a narrower parkign space at a supermarket's car park). It turned out it was for motorcycles?! Couldn't see the sign on the ground very well. I did some research and using the code they gave me (it was incorrect in the first place) I emailed them my arguments and eventually they waived the charge! That was a rare sweet moment of success that i was so proud of..Obviously that is not to say I win every time...but I will try...:-)

    But you're in the wrong here?

    If your son is so easily influenced by shiny thing, put parental locks on his phone or buy him a proper capped contract, or better still, PAYG.

    You chose to trust him with a contract when he has previous for abusing this privilege. How have you not learned?

    My brother is 11. He's not the smartest of the bunch, but he sure as heck knows that money is money.

    Your son is playing you like a fiddle. Make him pay it back. He has bought a service, and used it. More fool you for falling for it. He's 16. He cannot possibly be responsible or intelligent enough for a phone if this is how he behaved. You've been burned twice now. Learn your lesson.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    True words, MamaMoo, but sadly wasted I fear. One of the worst cases of blinkered vision I've seen here. It's anybody's fault but the son's.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks visidigi

    Just a note - I am a lady :-). Now i know i may be fighting a losing battle, but I will do my best to put together the strongest arguments and pursue this until i get somewhere - I like a challenge. Just a note - I once had a penalty charge because i manage to squeeze my car at the very first (what seemed like a narrower parkign space at a supermarket's car park). It turned out it was for motorcycles?! Couldn't see the sign on the ground very well. I did some research and using the code they gave me (it was incorrect in the first place) I emailed them my arguments and eventually they waived the charge! That was a rare sweet moment of success that i was so proud of..Obviously that is not to say I win every time...but I will try...:-)


    As a side note, the "Parking charge".....amounts to a financial penalty under English law and is therefore unenforceable. They rely on the ignorance of the public thinking that these are actually parking tickets as opposed to an invoice from a private company and covered just like any other breach of contract (in that they are allowed to recover any direct loss they have suffered as a result....the most they lose is the price of parking for the duration you're there, nothing if parkings free). Keep that in mind in future (but tickets issued by police or local authorities are tickets, if you want to learn more, theres a board dedicated to it) :)


    As for them luring people in. Plenty of people play games without spending £1000+ on them. But just like drugs and alcohol, people can become addicted to gaming. No offence meant to either you or your parenting skills, I'm merely trying to help. As I pointed out earlier....the large bills are not the problem, they are the result of the problem. And until you tackle the underlying issues, you'll find yourself right back at square one in a few months again.

    I do sympathise. However I was once in the position your son was in (albeit I was slightly younger, total bill was £120 and this was prior to PAYG or being able to check your allowances). Parents sat me and sister (she went over too, to the tune of £230) down and told us we were paying anything over £50 on that bill and any future bills and if we didn't pay it, the phone would be taken off us and we wouldn't get another one. We never went over £43 after that! I never then and nor do I now consider it to have been the networks responsibility to ensure I acted responsibly.

    I'm sorry if you think that's harsh but sometimes the truth hurts. That's not to say we're all perfect. I heard this and it stuck in my head (a sort of "learn from your mistakes thing":

    Good judgement comes from experience. Sometimes experience comes from bad judgement.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    I don't know where this comes in and it might not but isn't there some precedent based around fancy waistcoats that a minors parents would be responsible for the debt if it was a necessity but wouldn't if it wasn't?

    Take proper legal advice OP.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why oh why did you not learn from last years experience OP, you were bitten once and still went back for more. Payg is an option for you or go for a Tesco Sim as you can set a limit or better still get an Ovivo sim with calls, texts and internet.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 8 December 2013 at 5:54PM
    AnnieO1234 wrote: »
    I don't know where this comes in and it might not but isn't there some precedent based around fancy waistcoats that a minors parents would be responsible for the debt if it was a necessity but wouldn't if it wasn't?

    Take proper legal advice OP.

    But in this case the minor only has a debt with his parent.

    Because the phone contract is in the parent's name*, it is the parent that owes the money to the phone company.




    *I admit that it is an assumption that the phone contract is in the parent's name. The phone company would not accept a contract in the son's name.
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    AnnieO1234 wrote: »
    I don't know where this comes in and it might not but isn't there some precedent based around fancy waistcoats that a minors parents would be responsible for the debt if it was a necessity but wouldn't if it wasn't?

    Take proper legal advice OP.

    The contract here would be in OP's name though, due to the child being under 18, so OP will be liable for the debt.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AnnieO1234 wrote: »
    I don't know where this comes in and it might not but isn't there some precedent based around fancy waistcoats that a minors parents would be responsible for the debt if it was a necessity but wouldn't if it wasn't?

    Take proper legal advice OP.

    No. Parents are usually only responsible if the debt was co-signed by them (as they have guaranteed it). Usually no one under the age of 18 will be able to get credit without a guarantor as they (the minor) cannot be held legally liable for the debt.


    This is irrelevant to OP given that the company have not provided credit to OP's son, they provided it to the OP and therefore OP is liable for it.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • As a side note, the "Parking charge".....amounts to a financial penalty under English law and is therefore unenforceable. They rely on the ignorance of the public thinking that these are actually parking tickets as opposed to an invoice from a private company and covered just like any other breach of contract (in that they are allowed to recover any direct loss they have suffered as a result....the most they lose is the price of parking for the duration you're there, nothing if parkings free). Keep that in mind in future (but tickets issued by police or local authorities are tickets, if you want to learn more, theres a board dedicated to it) :)


    As for them luring people in. Plenty of people play games without spending £1000+ on them. But just like drugs and alcohol, people can become addicted to gaming. No offence meant to either you or your parenting skills, I'm merely trying to help. As I pointed out earlier....the large bills are not the problem, they are the result of the problem. And until you tackle the underlying issues, you'll find yourself right back at square one in a few months again.

    I do sympathise. However I was once in the position your son was in (albeit I was slightly younger, total bill was £120 and this was prior to PAYG or being able to check your allowances). Parents sat me and sister (she went over too, to the tune of £230) down and told us we were paying anything over £50 on that bill and any future bills and if we didn't pay it, the phone would be taken off us and we wouldn't get another one. We never went over £43 after that! I never then and nor do I now consider it to have been the networks responsibility to ensure I acted responsibly.

    I'm sorry if you think that's harsh but sometimes the truth hurts. That's not to say we're all perfect. I heard this and it stuck in my head (a sort of "learn from your mistakes thing":

    Good judgement comes from experience. Sometimes experience comes from bad judgement.

    Thank you, unholyangel, wise words, indeed i cannot argue :-)
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