Phone House - possible fraudulent account?!?

[UnitedFront]

Hi everyone, i have a slightly parculiar problem here now, I will try and make it as short as possible, and any advice would be gratefully received!

 

I've had a call from my sister who is in her 30's, but has sever learning difficulties and has a mental age at time of around 15. Her long-term boyfriend left her a few days ago and since then, it has come to her attention that he has taken out a new 18month T-Mobile contract IN HER NAME!

 

The larger picture is this; she had a contract in her name for him that runs out on 6th feb (no probs with this one, she knew about it) but at the begining of Jan, her now ex-boyfriend received a call on this phone it was people from Phone House.

 

The ex-bf, my sister went on the phone (stupidly) to say that they could talk to the boyfriend. He told her that it was a free upgrade and that there would be no contract etc.

 

Now it has turned out that there was a contract. Part of her learning problems are that she doesn't always remember everything and so I cannot say, at this point, with any certainty what was and was not said. But at the moment, she cannot remember anyone explaining to her that she was agreeing to a new contract and she cannot remember okaying such a move - only okaying him to speak to them about a free upgrade.

 

I know this is all a bit complex, but know he has gone and left her with an 18month contract that is no use to her - and he has taken the phone they sent as well!! We have had the SIM Card blocked so he cannot use it, but he still has the phone and it is outside the 14 day period (just) so we can't just cancel.

 

I guess my quesion really is this; We do not think that it was ever explained to my sister that she was entering into a new contract and we do not think that the agreed to this, and so:

1- How can we prove what was and wasn't said in that conversation? (Subject Access Request?)

2- For this contract that they claim she took out to be valid do they have to have a recording and/or transcript of the conversation? (She has not signed anything).

3- Should we be reporting this to the police?

 

Any advice would be really appreciated because, as you can see, we are in a tricky situation and I am certain that my mentally-ill and learning disabled sister is being taken advantage of!!

 

Please help.

UF

[Conniff]

You need to get your sister to give her permission for them to speak to you and then you will be able to request the sar and see exactly what happened and what was said.

[UnitedFront]

Yes this is what I thought. Thanks for the reply.

Is there any chance you could point me in the direction of a SAR Template for such purpose?

 

Thanks again.

UF

[citizenB]

A Subject Access Request can be tailored to your specific requirements. You will need to enclose a legally required fee of £10.00.

 

If this was done over the phone, then I would think no written contract exists. Would they perhaps have kept a record of the phone call. You would need to request that.

 

I dont want to give you duff information, so I will ask a mod or site helper if they can pop in and advise what information you need to request. Please bear in mind that there are a lot of threads/new posts and only a few mod/site helpers who are all volunteers so they might not pop in this evening.

 

I will pop back and see if you have had any responses and keep your thread nudged.

[UnitedFront]

Cheers citizen, your help is much appreciated!!

 

UF

[caro]

You don't need to put much at all on any Subject Access Request because all you want is all information about the subject. This is a basic template. How to access information - Information Commissioner's Office (ICO)

 

There are regulations regarding disabilities I think, but I'm not too familiar with them. Does your sister handle her own financial affairs or does anyone have Power of Attourney or some kind of guardianship to deal with them for her?

 

It does strike me however that the contract may have been taken out fraudulently so I'd be inclined to contact the police too.

[caro]

Alternatively (and I can't take credit for this) you could write to the phone company with all the details and ask them to cancel the conract. If they refuse, go to the papers.

[UnitedFront]

Thanks guys, can someone possibly clear something up for me please?

 

We know there would be no writted contract, but my understanding is that Phone House and T-Mobile are saying that my sister entered into a new contract over the phone.

 

If, for sake of argument, neither of these companies has a transcript or recording of this call - then where on earth can we go from there?

 

I mean, if they have no transcript or recording then how can they prove that there is a contract and, more worryingly, how can we prove that there is not?

 

Thanks in advance.

UF

[Conniff]

The burden of proof is always on the one claiming. If it was the other way around, the world would be open to a million scams.

 

If they want you to pay, they have to prove that you owe and if they can't there is no debt.