EE Phone Contract - Fraud

TJB24

My mother passed away in August, aged 49. She was homeless and a heroin addict.
Around December last year, she walked into an EE store and signed up for an iPhone contract in my grandmother's name, pretending to be her and signing the forms etc.
As far as we know she then sold the phone. My grandmother remaining liable for the bills and was contacted later in 2020 asking her to pay.
My grandmother is not a tech-confident woman, and is also very emotionally fragile given what her daughter put her through. She finally called EE three weeks ago, explained the situation, and had the contracts cancelled. However EE are still saying she needs to pay, the final bill for which is around £900.
My grandmother was a victim of fraud and the perpetrator is now deceased. No Police report has even been filed.
I am in a position to pay the final bill, however I would like to know if legally we have to pay, or what our options are.
Thank you for your help.

PHK

If you don’t/didn’t report the fraud then you stand very little chance of avoiding paying. Unless your grandmother can prove that she didn’t take out the contract in some other way, then all she can do is plead her case to EE.

But if someone owed you £900, would you accept that they shouldn’t pay without some form of proof that they didn’t take out the contract?

 

username

I would suggest perhaps contacting the executive office rather than trying normal routes as they will just want to get you off the phone/chat asap. You might get a suitable reply that way and be able to state your case.
It could help if your grandmother at the same time did a DSAR (subject access request) - form here https://www.bt.com/consumer/edw/privacypolicy/copyform/ee/#/
It will mean that EE have to turn over all of the information which they hold on your grandmother.
Although I am surprised that the EE store would have sold a contract to your late mother without your grandmother (whom the owner of the account is) being present. They will ask to see ID/proofs in store and surely would have questioned the fact that this lady is presenting information of someone older (who was not present) and although could be an avenue to pursue to exit the contract if it was not done by the book. However, if your late mother and grandmother were in the store and together it would be hard to prove anything untoward would have happened or was going on.
However, it appears that it is a your word against theirs situation - although you may have the £900 to pay I would certainly have a crack at getting it written off/reduced.

stragglebod

How do you know it was your mother that took out the contract? How does EE know it was grandmother?

Jon_01

You have a problem having waited so long. The fraud should have been reported to the EE and the police as soon as the first bill arrived.
While contacting the executive office is a good idea for most issues, it's no help with fraud. The fraud team override the executive office unless you have more evidence to supply?  In which case, contact them, give the new evidence and let them present that to the fraud team.
I'd also add, unless you're reported this to the police you are unlikely to get a different result....

liggerz87

Your best making your own thread 

fattyjax

Sorry.  I thought it was!

Bougainvillea

It may be possible to complain to the Ombudsman https://www.ombudsman-services.org/
I would also suggest getting some advice. Some house insurance policies include free legal advice. Or speaking to Citizens Advice Bureau. 
I hope you are successful.

Jon_01

Bougainvillea said:

It may be possible to complain to the Ombudsman https://www.ombudsman-services.org/
I would also suggest getting some advice. Some house insurance policies include free legal advice. Or speaking to Citizens Advice Bureau. 
I hope you are successful.

The Ombudsman won't get involved with fraud cases, they have no powers to investigate (unless things have changed in the last few years?).  Same with CAB (who know next to nothing about fraud).

macman

I see no reason why you cannot still report the fraud. Obviously the police will not investigate it further, given the circumstances, but they should still be able to log it and issue a crime number? Armed with that, EE are presumably able to then claim off their own insurers and will no longer need to pursue your grandmother.