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Under 18 child signed up for phone upgrade

21 replies

FrankChurchillshairdresser · 07/07/2017 17:49

DD has a phone for which I pay monthly on a 24 month plan. She lost the phone on a night out and I contacted the extremely well known provider to get it blocked.

The next day I rang a high street branch of the provider and asked if they would provide a replacement sim card if she went in to pick it up. They agreed. It transpires that while she was in the shop they signed her up for an upgrade on the account, took an early upgrade fee from her and sent her on her way with a shiny new improved phone - at a cost to me of 42.99 a month for 2 years!! All without my knowledge or permission! I am so angry, have lodged a complaint and waiting for a call from a manager. This just seems unbelievable that they can do this to a child!!! Does anyone know what will happen??

OP posts:

Creampastry · 07/07/2017 17:52

There must be multiple breaches here. Entering into a contract with a minor? Potentially accessing your personal details for payment reasons, Data protection breach. I would go ballistic.


StillHungryy · 07/07/2017 17:54

Pretty sure you ha e a 2 week or something cooling off period to change your mind


KanielOutis · 07/07/2017 17:54

An under 18 can't enter into a credit agreement by law. I'd get them to cancel it.


FrankChurchillshairdresser · 07/07/2017 18:01

Thanks for replies. She went straight from the shop to a party and has unboxed the new phone and started using it!

OP posts:

Floofborksnootandboop · 07/07/2017 18:06

How old is she?


MadisonMontgomery · 07/07/2017 18:09

I'm pretty sure if you're under 18 you cannot enter into a contract - not sure if it's the same if they say it's an amendment to a contract but I would presume so.


KungFuPandaWorksOut16 · 07/07/2017 18:11

How was she allowed too upgrade on your account.

So they allowed a minor to upgrade something on your account without your permission.


19lottie82 · 07/07/2017 18:12

Did your DD say she was you to upgrade the contract or did they let her do it in the knowledge that she wasn't the account holder?


pinkblink · 07/07/2017 18:31

They shouldn't have even opened your account up without you there, you didn't take the contract you aren't liable for it, not only is she not the account holder she is technically a child, a vulnerable person, so it's classed as misselling which is illegal


snoopypoodle · 07/07/2017 18:35

Massive breach!

Did your DD go through any security with the staff or did they just bring the account up and upgrade her?
The account holder needs to be present in order to be able to take any action on the account.
You also have a 14day cooling off period for any contracts/upgrades. Which network is it?
How old is your DD?


FrankChurchillshairdresser · 07/07/2017 19:00

Dd is 17. They knew she wasn't me, she didn't pretend to be me.

OP posts:

FrankChurchillshairdresser · 07/07/2017 19:01

I have yet to have a chance to speak to her properly to establish exactly how the conversation went in the shop but I'm so amazed that this actually happened

OP posts:

Groupie123 · 07/07/2017 19:10

Take the phone from her and give her yours if it's shittier. Then raise hell with the company. Accuse them of facilitating fraud and threaten to go to the papers.


FrankChurchillshairdresser · 07/07/2017 19:16

Thank you all very much. I will update when I hear from the company

OP posts:

youwouldthink · 07/07/2017 19:35

She can't legally sign a contract until 18 so its null and void. Make sure you ring the service provider directly and log a store complaint. The contract should be reverted to the original


rjay123 · 07/07/2017 19:50

No cooling off period in store.

Is she an authority on the account?


snoopypoodle · 07/07/2017 19:53

And once you've established all the facts and are confident In everything do not back down!

I once worked in a call centre and had a v upset elderly lady call who told me about how she went into a shop to check something and left with a 12month sim only contract without even realising it! She raised it with the store and kept being put off and sent home until the 14day cease period ended and then got told they can't do anything!

They're cheeky so and sos!!!


FanSpamTastic · 07/07/2017 19:57

If I was you I would actually go straight to the top. Every mobile company has a regulatory department. Call their head office on Monday and ask to speak to someone in "Regulatory" and explain that you wish to lodge a complaint about breach of your data.

Alternatively follow their normal complaints process - details should be on their website e.g. Vodafone


rjay123 · 21/07/2017 18:18

So what happened?


DrMadelineMaxwell · 21/07/2017 18:24

Are you placing any of the blame with your DD here too? At 17 she is a minor and yes, the shop is clearly in error, no question.

But your DD also knew that she was going in to collect a sim card only, I assume, and therefore was in the wrong also to agree to whatever she agreed to. At 17 she's surely old enough to know that she was clearly in the wrong.

Hope the shop sorts this out for you asap.


wrenika · 21/07/2017 19:18

She can't legally sign up for an upgrade so hopefully you can get this sorted out easily with customer services. My OH worked for one of the mobile companies, and he used to have under-18's attempting to sign up because they thought they could fake it by calling the sales line rather than going into the shop. They were weeded out and denied; there can't be a contract made with someone under 18. It's not legal.

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