Will try to keep this short: I ordered a new phone + contract online via Carphone Warehouse (with EE as the provider) Several days later, Carphone contacted me asking me to confirm my details and whether I already had an EE number. As my DH is with EE and we share the surname and address, this had somehow caused an issue. Once I confirmed my details and that the number they had on file was DH's and not mine, the Carphone agent said it was all sorted and my new phone would arrive soon.
The new phone arrived, I didn't like it so went to a Carphone branch to exchange it for something else (within the grace period). Sales assistant helped me pick out a new handset and contract with a new provider, and assured me the old one would be cancelled.
Then: DH is charged by EE for the contract I took out via Carphone. We are both massively confused as to how this could have happened, we've been in touch with both Carphone and EE and they have been pretty useless and we've been to-ing and fro-ing between then trying to get this resolved.
DH is now massively concerned about the fact that EE added another contact to his account without his consent. Though it seems Carphone was the culprit as their agent put it through, he has been trying to get some explanation from EE but they keep sending us back to Carphone and saying that if he doesn't pay for the contract (that he didn't authorise!) he will be in breach of contract which could affect his credit rating and result in debt recovery action. They keep reiterating this was a third party transaction and inferring that this absolves them of responsibility.
My question: have EE breached any consumer protection/data protection laws by allowing a third party to take out a contract in DH's name without his consent and is there anything we can do to escalate this? My understanding is that Carphone are responsible for issuing a refund for the charges he's incurred but he feels EE should be taking responsibility for what happened as he finds it dodgy as hell a contract was put through in his name without him knowing about it.