Is this contract void?

[aylesford500]

Hi Guys

 

Basically, when my son was 16 I applied online through the carphone warehouse to get him a contract phone with orange. I filled out his info and then filled out my info in the direct debit section. I received an email to say that the application had been received and a day later that the application had been approved and the phone was on its way. My son was happily using the phone, the bills were addressed to him each month and the payment leaving my bank! Last week his phone was stolen, I rang orange and put a bar and blacklist on the phone. Next day I rang them back to request a replacement sim. I was then told that they could not deal with me because I was not the account holder, also they could not deal with my son as he was under 18 and should not have a mobile phone contract!!! I explained the application to them and apparently somewhere along the line his name was put as the account holder with my details.

 

Now I am stuck, orange will not deal with me or my son!! I have requested that the contract be nulled but they cannot do that because of the discrepancy! Help.

[renegadeimp]

Ok. first, tell orange you want the phone and sim reported stolen. This means that they must block the phone and sim from use. If they dont and the charges rack up, then orange will be in deep trouble.

 

Thats the first thing you need to do.

[aylesford500]

Hi

I did do that on the night it got stolen.

[Surfer01]

Hi

I did do that on the night it got stolen.

Did you do it in writing, i.e. letter or email?

[dreadpiratesteve]

Strange as he shouldn't have the account in his name!?

 

Has your son spoken to Orange to give them his permission for you to deal with his account?

[renegadeimp]

From the OP's info, Orange is refusing to have anything to do with either of them.

 

However, what the OP could do is counter that. If Orange wont have anything to do with either of them, then neither of them can be held liable for any charges remaining on the account. To ask one of them to pay the outstanding bill would mean that Orange would need to hold one of them liable, and therefore that person has the right to speak to orange about the phone/contract

[Surfer01]

I think OP wants phone replaced and is now stuck in the middle, but by the same token, if there is no contract then maybe a big refund may be due?

[renegadeimp]

Nah. No refund. But since ORange doesnt recognise either of them as an authorised party to the contract, then both cant be held liable. It contradicts what Orange are saying otherwise. The op could write a full complaint to Orange detailing exactly what has happened, and what they want achieved by way of a resolution.

 

But the OP needs to stay off the phone to them, and start to get everything in writing. With things like this, having a good correspondence trail is the best thing you can have.

[Human Writes]

Hi Guys

 

Basically, when my son was 16 I applied online through the carphone warehouse to get him a contract phone with orange. I filled out his info and then filled out my info in the direct debit section. I received an email to say that the application had been received and a day later that the application had been approved and the phone was on its way. My son was happily using the phone, the bills were addressed to him each month and the payment leaving my bank! Last week his phone was stolen, I rang orange and put a bar and blacklist on the phone. Next day I rang them back to request a replacement sim. I was then told that they could not deal with me because I was not the account holder, also they could not deal with my son as he was under 18 and should not have a mobile phone contract!!! I explained the application to them and apparently somewhere along the line his name was put as the account holder with my details.

 

Now I am stuck, orange will not deal with me or my son!! I have requested that the contract be nulled but they cannot do that because of the discrepancy! Help.

 

Send them a copy of his birth certificate and ask that they cancel the contract, as long as you can prove he is a minor they can't hold him to the contract as it is not legally enforcable.

[Fox Morris]

It's Orange in the wrong here as they never should have contracted with a minor. It demonstrates an inadequate credit check process that I'm confident the ombudsman would be interested in.

 

Before anything cancel any direct debits. They can't legally mark you or your son's credit rating so you shouldn't pay anything further until you have a resolution.

 

They won't be able to keep the phone contract in your son's name but they should be agreeable to transfer it into your name (or they will lose out in the long run). Obviously only agree to do so if they promise a replacement sim and phone free of charge. Get this promise in writing.

Failing that I would demand that the contract is cancelled immediately without any penalty, as your son was ineligible to enter into contract.

 

Write to Orange instead of phoning them (I usually email followed by registered post) and outline all the facts (including a police report for the theft). Tell them that you want the contract transferred into your name or the contract cancelled, and tell them if they do not agree to your proposed resolution that they should issue you with a letter of deadlock.

 

If they still refuse to help, post their response here (redacted) or contact the Ombudsman.

[renegadeimp]

You also need to inform orange that you are cancelling a DD, otherwise they can just set it up again themselves.

[dreadpiratesteve]

I would be very careful in cancelling the DD's as it's obvious that Orange's customer service isn't exactly customer focussed and would probably not give a thought to trashing credit files for non-payment!

 

Certainly keeping everything in writing from now on with the above suggestions!