Mobile Phone fraud... apparently !!!

[TheWeeOne]

Hi

 

My son is sixteen years of age and I applied for a mobile phone contract in his name online a few months ago - I mistakenly must have supplied his age or date of birth incorrectly (I cant actually remember which) making the mobile phone company think he was over 18. The direct debit for the contract was from my account however.

 

I had cause to telephone the mobile phone company recently and, when I did, they asked to speak to my son because the contract was in his name. They asked him his age and he said 16 (nothing to hide!!). They said that you cannot have a mobile phone contract unless you are at least 18 years of age. They then immediately barred his phone and explained that he/we had committed fraud by supplying incorrect information online. So now the phone contract is with their fraud department.

 

I phoned the company several times since and was asked to fax a letter to the fraud dept to explain that this was an innocent mistake - I did this and 5 days later I still had no answer from them so phoned back today and was told they were waiting for a copy of my sons birth certificate to prove he was under 18 years of age and that, when they receive this, they will then decide if the contract will be terminated or transferred to me.

 

They are however, saying (threatening?!?) that if the contract is terminated, ?something? will go on to my sons credit file and will affect his credit for the rest of his life. We are understandably furious with the mobile phone company and now actually do want the contract to be terminated but are worried about the impact of his credit file being affected.

 

So, I am looking for advice on:

 

1. What would the impact of this be?

 

2. Could my son get this ?something? removed from his credit file at a later day by explaining that this was an innocent mistake and not deliberate fraud?

 

If you can help with this, please post whatever you advice you have.

 

Thanks

Edited December 16, 2008 by TheWeeOne
misspelling

[SilverLining]

First and foremost your son cannot have a credit file as he is not 18 - therefore nothing can go against him period.

 

I'd forget about that element because it is not possible to have credit unless you are under 18. If anything, the mobile company has broken the CCA by granting a minor credit, basically any court in the land would scrap the debt for this reason and this reason alone. I'd try and be ballsy by threatening them with court action for granting a minor credit - worth a try.

 

On that note you are not responsible for paying the mobile company any money because they cannot put anything on your report as it wasn't in your name and they can't put anything on his report as he is a minor therefore he was missold a contract - misselling a minor credit is severely frowned upon by the courts and the mobile company would get a bigger fine than any deby you may have with them.

 

If anything i'd also CCA them (with the £1 fee) and unless they can provide you a copy of a signed agreement then you have nothing to worry about as technically, there never was an account in the first place!

 

Obviously others will give more detailed advice but that's what i'd do!

 

Best of luck.....

 

By the way - can you name and shame the mobile company?

Edited December 19, 2008 by SilverLining