How to get out of a dreadful contract with EE

mobilejunkie

It's also highly likely that CPW have broken the Data Protection Act provisions; I suspect a threat of reporting them for that may make them jump.

Rev

Call EE and ask them why they're taking money out of your bank for a contract that isn't in your name and according to them you didn't take out. Tell them to stop taking money from you immediately.

I assume they will then contact your husband at which point he can tell them he knows nothing about this contract and ask why have they allowed a contract to be taken out in his name? and he is 100% unaware of it.


Play them at their own game. If they're insisting it's not yours and your husband didn't sign anything then they can't take money from you for it nor can they chase your husband for it as they can provide zero proof or evidence that he took the contract.


If they happen to realise their mistake in the mean time then great.


Surely any damage done to your husbands credit file will have to be removed upon complaining as he signed nothing. And if that's not the case anyone can take a contract out in some one else's name and trash that persons credit file.

gjchester

Herongull wrote: »

I would disagree with the statement: "If the contract (however wrongly) is in his name, he is responsible for it."

No one is legally responsible for contracts that are nothing to do with them.

Sorry bad phrasing.


If the contract was made over the phone then as a verbal contract it carry's the same weight as a written one its just harder to prove. It may be the Sales man asked if this was your address and you said yes, hence the linking of accounts, 6 months is a long time to remember a conversation.


You cannot be made responsible for a contract you didn't sign or agree to, however someone would have received letters and biils, and the question would be why has this not been noticed for six months.
There's no question that the account is the OP's its just set up wrongly, trying to claim its not the OP's when it is may lead to other potential fraud issues

Anoneemoose

Rev wrote: »

Call EE and ask them why they're taking money out of your bank for a contract that isn't in your name and according to them you didn't take out. Tell them to stop taking money from you immediately.

I assume they will then contact your husband at which point he can tell them he knows nothing about this contract and ask why have they allowed a contract to be taken out in his name? and he is 100% unaware of it.


Play them at their own game. If they're insisting it's not yours and your husband didn't sign anything then they can't take money from you for it nor can they chase your husband for it as they can provide zero proof or evidence that he took the contract.


If they happen to realise their mistake in the mean time then great.


Surely any damage done to your husbands credit file will have to be removed upon complaining as he signed nothing. And if that's not the case anyone can take a contract out in some one else's name and trash that persons credit file.

You can have a Direct Debit taken from anyone's bank account as long as you have their permission. It doesn't have to be the contract holder. As we have said, CPW should really be sorting this out by contacting EE - EE are not the ones who have put in the duff info. As I suggested, if OP has the paperwork to show the contract should be in her name, then someone should look at that but really it is CPW who need to confirm this.

As far as EE are concerned CPW have verified the customer's details and that is why, at present they believe OP's husband to be the account holder. Until he tells them otherwise, they are right not to discuss to account with OP.

Anoneemoose

Rev wrote: »

Call EE and ask them why they're taking money out of your bank for a contract that isn't in your name and according to them you didn't take out. Tell them to stop taking money from you immediately.

I assume they will then contact your husband at which point he can tell them he knows nothing about this contract and ask why have they allowed a contract to be taken out in his name? and he is 100% unaware of it.


Play them at their own game. If they're insisting it's not yours and your husband didn't sign anything then they can't take money from you for it nor can they chase your husband for it as they can provide zero proof or evidence that he took the contract.


If they happen to realise their mistake in the mean time then great.


Surely any damage done to your husbands credit file will have to be removed upon complaining as he signed nothing. And if that's not the case anyone can take a contract out in some one else's name and trash that persons credit file.

EE, as far as we can tell from the info here are not the ones who have made the mistake. You can have a Direct Debit taken from anyone's bank account as long as you have their permission. It doesn't have to be the contract holder. As we have said, CPW should really be sorting this out by contacting EE - EE are not the ones who have put in the duff info. As I suggested, if OP has the paperwork to show the contract should be in her name, then someone should look at that but really it is CPW who need to confirm this - especially as OP says her husband's time is too precious to sort it out.

As far as EE are concerned CPW have verified the customer's details and that is why, at present they believe OP's husband to be the account holder. Until he tells them otherwise, they are right not to discuss to account with OP.

I can't help thinking there's more to it than this. I don't understand how CPW would put in the details of someone they have nothing to do with, unless OP gave them?? CPW cannot access EE systems to gain that info (it is possible however that OP's husband has previously taken contracts through CPW and they have details on file from that which then got muddled up somehow).

d123

batsintheattic wrote: »

When I set up the contract it was done through Carphone Warehouse. One of the questions (I think for credit clearance) was if I had any other contracts with EE. I said I did not, but that my husband paid for one for our daughter. Therefore, this was referenced at some point, but he was not with me and his details were not used for my contract, nor did he sign the contract, I did!

It could well have been the case that we were separated, or indeed we could become so - therefore it would be a huge breach of privacy to give him control/access of my private phone records.

So it's a CPW issue?

So what does the paperwork you would have been given on the day state? Your name or your husband's name?

grumbler

Rev wrote: »

Call EE and ask them why they're taking money out of your bank for a contract that isn't in your name and according to them you didn't take out. Tell them to stop taking money from you immediately.

Because the OP agreed for money to be taken from this account by a DD?
It's not uncommon for mobile contracts to be paid from other person's bank account.

Rev

Anoneemoose wrote: »

EE, as far as we can tell from the info here are not the ones who have made the mistake. You can have a Direct Debit taken from anyone's bank account as long as you have their permission. It doesn't have to be the contract holder. As we have said, CPW should really be sorting this out by contacting EE - EE are not the ones who have put in the duff info. As I suggested, if OP has the paperwork to show the contract should be in her name, then someone should look at that but really it is CPW who need to confirm this - especially as OP says her husband's time is too precious to sort it out.

As far as EE are concerned CPW have verified the customer's details and that is why, at present they believe OP's husband to be the account holder. Until he tells them otherwise, they are right not to discuss to account with OP.

I can't help thinking there's more to it than this. I don't understand how CPW would put in the details of someone they have nothing to do with, unless OP gave them?? CPW cannot access EE systems to gain that info (it is possible however that OP's husband has previously taken contracts through CPW and they have details on file from that which then got muddled up somehow).

I'm sure there's more to it too.


But as far as EE are concerned the OP didn't take out the contract. Her husband did. As such she can tell them to stop taking money out of her account. She according to them didn't agree to this contract.


And since the OP's husband didn't agree to it they have zero proof he did. They can chase him for it but it won't come to anything since they have zero proof he signed up for the contract.


They can't have it both ways. Expect OP to keep having money taken from her account for a contract whilst denying she took it out and refusing to give her access. Either she took it out, or she didn't. They're saying she didn't. So Surely she is perfectly within her rights to ask them to stop taking cash from her account for a contract they themselves say isn't hers and isn't in her name.


Still all sounds rather strange.

grumbler

Rev wrote: »

... So Surely she is perfectly within her rights to ask them to stop taking cash from her account for a contract they themselves say isn't hers and isn't in her name.

Surely. Or she can just cancel the DD.
However, this doesn't solve the problem and only makes things worse.

Rev

grumbler wrote: »

Because the OP agreed for money to be taken from this account by a DD?
It's not uncommon for mobile contracts to be paid from other person's bank account.

I know. I have done it myself on the past.


My uncle set up his son on laws contract to come out of his bank. Son in laws name, uncles bank account. Son in law was supposed to pay him every month. He didn't. Uncle called O2 and told them to cancel the direct debit. It wasn't his contract and he no longer agreed to them taking cash out of his bank for a contract that wasn't his.


O2 said 'okay sir, thank you'. And that was the end of that. Besides irate phone calls from his scum bag son in law asking how dare he stop his free ride.