mobile phone contract

[ForHangryCat]

Hi,
My sister has a diagnosed learning disability and anxiety. She is unable to read and write. Her mental health was in a particularly bad place. she has a financial appointee and a carer. She was out with a 'friend' who encouraged her to get a phone contract in her name but the phone would be for her friend. The shop were aware the phone was for her friend, my sister explained she is unable to read or write, its fairly obvious she is a vulnerable person. The shop suggested they could get the contact and then later on transfer the contract to her friend, this was in 2021.
My mother her financial appointee and carer has just become aware of this via a letter from Lowell demanding £1222.
We have contracted three who refused to talk with us as we could not confirm address, we believe her friend transferred over not the contract but the address and did pay a few months.
I would be really grateful if anyone is able to advise.

I'm sorry I don't have any legal advice but it might be worth calling none emergency police to discuss the friend financially abusing your sister

This situation involves several critical areas of UK law, primarily relating to contractual capacity, the duties of a financial appointee, and the responsibilities of a business when dealing with a vulnerable person.
Given the sister's diagnosed learning disability, inability to read/write, and visible vulnerability, the key argument against the validity of the contract is the concept of Mental Capacity to Contract.

The service provider is at fault here as it was clearly evident your sister did not possess the mental capacity. She disclosed her inability to read and write and the law is in your side.
contact citizens advice perhaps for help on who to turn to

I would seek help from the CAB or even a solicitor. Your sister clearly doesn't have capacity and therefore the shop should have never allowed your sister to take out the contract. The so called 'friend' took full advantage of your sister's impairments and has used her. I was chased by Lovell for an unpaid date for someone else, for some bizarre reason the company had my mobile number. Personally, I've never been in debt in my life. These people are ruthless and like a dog with a bone.

Based on what you describe it is likely the contract is voidable, if your sister unable to understand the nature of her actions in signing the contract; and
b) the shop agent was aware of her incapacity. You would need formal legal advice as to whether that will stand up, of course, and evidencing those things is not always straight forward.

First step is to make the network aware of the issue. You say you’ve spoken to Three - was that just a standard agent in the call centre or have you tried to escalate? The usual customer service team will be unable to talk about the account if they can’t check their boxes but call again and ask to speak to the fraud / account takeover team. If the account is still in her name then the address should not have been changed by the “friend” which is fraud in itself, even before getting into establishing any initial fraud. If you can back control of the account this will help and allow you to address the overall issue, by way of a complaint that your sister did not have capacity and the contract was entered into following undue influence of the friend who subsequently took control of the account. Go from there.