T Mobile Bill after 2 years ** DISCONTINUED **

[jh35]

My daughter has had a claim form come through, we havent had any letters from HL, no phone calls etc. Now the story goes, my daughter took a contract with T Mobile before she was 18, her ex boyfriend made her. She had mental health issues at the time, she is better now, and now in Full time Employment. They claim she owes £299.00 we dont have a breakdown, and im unsure what to do. She now has another contract with T Mobile, which she has had for nearly 2 years.

[Conniff]

Have moved you into the Telecoms - mobile or fixed section and given you your own thread called - T Mobile Bill after 2 years.

[ericsbrother]

You say claim form, do you mean from a County Court? If it is a court claim it will have a box at the top right hande side with the issuing court name and a reference number and a (normally red) stamp on it. If the summons was issued online it will say Northampton county Court. If it isnt like that then you can safely ignore it and if it is a court document but not stamped then phone up your local county court and report the matter.

When waa the contract she entered as a minor terminated or last payment made? If she was still a minor at the time then there is not a problem, it just becomes more complicated if the contract rolled forward past the age of majority.

[jh35]

Hi,

 

I can get those details from them, and let you know. Is that ok?

[jh35]

Hi i have the claim form in front of me, no red stamp, however has a claim number on it, in the Northampton Court at the top, and court address as county court bulk centre?

[jh35]

date of contract taken out was may 2010, last payment was 31/07/2010, my dob is 12.92

[jh35]

Any help please?

[seanamarts]

Did anyone stand as guarantor for your daughter?

 

If you are under 18, you cannot enter into a monthly contract for a mobile phone. However, you can buy a pay as you go mobile phone as this does not require a contract.

 

Debt

 

As a child or young person, you cannot normally be taken to court for debt. This is because you cannot be legally held to a contract you make when you are under 18. However, there are some exceptions to this rule. You can be held legally responsible for any debts you run up to buy things that you need like food, shelter or clothing.

 

There may be other debts you can be held legally responsible for. If in doubt, consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

 

As a parent you are not usually under any obligation to pay the debts of your child. However, if you acted as a guarantor for a contract they entered into, you will be responsible for any debts under the agreement.

 

Quotes taken from CAB

http://www.adviceguide.org.uk/wales/debt_w/young_people_money_and_consumer_rights.htm#content

[jh35]

i didnt stand as gaurantor, She is now 20, we spoke to HL Solicitors, and they dont care that she was only 17, she knows she did wrong, what shall i put in the defence? And will she get into trouble for fraud?

[seanamarts]

I suggest you contact T mobile and let them know that your daughter was under the age of 18 at the time she signed the contract, from what I am reading from the quotes above the debt should become null and void due to her being underage, unless you or any one over the age of 18 stood guarantor for her then it would be them or you who are liable.

 

However if the are sending the court papers to your daughter then I doubt if any one did stand guarantee for her.

[jh35]

i didnt, she did give her date of birth wrong though

[seanamarts]

i didnt stand as gaurantor, She is now 20, we spoke to HL Solicitors, and they dont care that she was only 17, she knows she did wrong, what shall i put in the defence? And will she get into trouble for fraud?

 

To be honest Im not sure, but I doubt it.

 

She would have been asked for her date of birth when signing up for the contract and the salesman should of seen some proof before signing her up, more fool him if he didnt. HL should care if she was 17 as Im sure the contract becomes void. Perhaps you should send HL the link I gave you.

[jh35]

The contract i believe was done on line, does that make a difference?

[seanamarts]

Im not entirely sure without reading the contract.

 

I would get onto T mobile and explain the situation to them, its best to either write or email them. Offer proof of her age at the time the contract started.

 

Im sure others would know more, it might be best to seek legal advice on this or have a chat with the CAB.

[jh35]

Thank you, will wait for more to advise me,

[locutus]

The name on the court papers "T-Mobile" or "hl"?

[citizenB]

Can you please let me know the date of issue of the claim form - you will find that at the top right hand corner of the claim form. We need this so we can advise the timeline you have to adhere to.

 

Can you please also let us know exactly what it says on the form - the reason they have issued the claim.. that will be the block of text at the left hand side of the form under the addresses Then we can help you draft a defence.

[jh35]

the date is the 5th June 2013, i dont have the form with me, but i can let you know when i return home from work later

[citizenB]

the date is the 5th June 2013, i dont have the form with me, but i can let you know when i return home from work later

 

Ok,

 

Date of issue - 5th June + 5 days for service = 10th June + 14 days to acknowledge claim = 24th June + 14 days to submit defence = 8th July.

 

So you have a little bit of time in hand Just make sure you acknowledge the claim online by the 24th June. Once you have let us know what the claim is about then we will be able to advise if you need to ask for further information etc. I have sent out an S.O.S for you as well.

[jh35]

Many thanks

[AndyOrch]

Responding to CB,s request.

 

JH..... question why would your daughter have 2 accounts with T Mobile was the first for her ex ?Was it terminated ? Does she still retain the phone and did she ever receive notice of arrears or a Default Notice?

 

Regards

 

Andy

[jh35]

Morning, claim details are

 

Part of the balance outstanding under a contract made between EE ( T Mobile ) and the defendant for the supply of mobile telecommunications services by EE ( T Mobile ) to the defendant account number xxxxxxx the benefit of which was assigned to the Claimant on 21/12/2012. The terms of the contract were breached upon the defendants failure to make payments due under the contract. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

 

Any payments should be directed to the claimant HLLC.

[jh35]

Responding to CB,s request.

 

JH..... question why would your daughter have 2 accounts with T Mobile was the first for her ex ?Was it terminated ? Does she still retain the phone and did she ever receive notice of arrears or a Default Notice?

 

Regards

 

Andy

 

She had the first one when she was under 18, yes for her ex, no she didnt terminate it, ex had the phone, i cant recall any letters from 2010. I do know that she hasnt had any letters from HL this year though

[seanamarts]

Have you tried to contact T mobile yet?

[jh35]

yes, as we cant remember the phone number or pass word wont talk to me