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Family member taken out phone contract in my name and not paid it

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  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the OP was 17 at the time the account was opened then surely the contract is invalid and debt is unenforceable? At least against the OP: Giffgaff would need to pursue the fraudulent applicant directly.
    No free lunch, and no free laptop ;)
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP maybe ask over on the GG forums, something isnt right about this apart from the age thing, GG dont do conteacts though, its stated on the website. Be interesting to see what the breakdown of the debt is.
  • kaMelo
    kaMelo Posts: 2,856 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Whilst GG don't do airtime contracts (so impossible to run up an unpaid bill) they do sell phones on a pay monthly basis so possibly this is how a bill has been run up.
    This doesn't explain how it was possible for it to happen when the OP was only 17 of course.
  • ict_guy
    ict_guy Posts: 32 Forumite
    10 Posts
    edited 29 August 2020 at 5:01PM
    Has the OP spoken to the sister yet? Pointless providing any advice until he/she has....

    Things aren’t adding up here. Debt collectors should know exactly what the debt is for.
  • Hi all, another update.
    I have contacted GiffGaff directly and they have been extremely unhelpful. They have said they can't locate the account without more information, i.e an order number (which of course I don't have). I informed them I was under 18 at the time and they stated that ID and DOB isn't necessary for a phone (which from my research I've seen it is since I couldn't have legally agreed to a credit contract) and they have informed me that the credit for the phone is done through Rate Setter and that I should contact them instead of GiffGaff. However, this is the company that the debt agency who's in contact with me now has bought the debt from.

    As for my sister, she is denying that it was her despite it having her email address on the account.

    Again, anymore advice would be appreciated.
  • Grumpy_chap
    Grumpy_chap Posts: 18,247 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is it possible that it is not your sister and someone else entirely that got the phone?  
    Have GiffGaff confirmed where the phone was delivered?  And proof.

    Please consider the scenario that a complete stranger got some of your information, but not enough for a fraud.  They also had some of your sister's information, but not enough for a fraud.  Putting the two together and then some 'filling the gaps' and convincing 'blagging' maybe they got enough of a cover story to get away with a phone and sell for cash?
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