| Author |
Liable for Easymobile PAYG "overdraft"
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| Spookytooth 2006-11-23, 10:33 pm |
| My son's mobile got stolen a while back. It was easymobile PAYG. Thinking
they thief couldn't use any more than the pound or two credit I was slow to
report the theft to Easymobile. Next thing I know the PAYG account is £30 in
debit and EM are hassling me for payment.
Needless to say I hadn't read the T&C in detail and still haven't yet. Am I
liable for this PAYG "overdraft"?
Pls no preaching about rtfm etc. I'm not feeling sorry for myself.
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| Phil Thompson 2006-11-23, 10:33 pm |
| On Thu, 23 Nov 2006 22:05:11 GMT, "Spookytooth"
< spoiler@spoiltrotten
.org> wrote:
> Am I
>liable for this PAYG "overdraft"?
I would expect you to be responsible for charges incurred before you
notified the theft.
Phil
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| Jeremy Pope 2006-11-23, 10:33 pm |
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"Phil Thompson" <phil.thompson@spamcop.net> wrote in message
news:mndcm2d4v7gdetb
bee28p2t390sl9tf17k@
4ax.com...
> On Thu, 23 Nov 2006 22:05:11 GMT, "Spookytooth"
> < spoiler@spoiltrotten
.org> wrote:
>
>
> I would expect you to be responsible for charges incurred before you
> notified the theft.
>
> Phil
Hmmm.............
From their terms and conditions - which I hope are below - there is
probably a reasonable expectation that you would expect to be able to go
overdrawn by up to £10:
6.6 You should ensure that your Account is in credit (i.e. positive
balance). However, upon request or registration for our "Auto top-up
facility" we may allow an overdraft of up to £10 on your Account.
However:
6.7 You Account should not be overdrawn by more than £10 for more than 3
days, if this happens we reserve the right to suspend your Services until
your account is back in a positive balance.
6.8 If we suspend the Services in accordance with condition 6.7 above for
more than 7 days we will send you a reminder by SMS and email and charge you
a reasonable administration fee for this reminder.
Seems to give them carte blanche to allow you to go overdrawn and start
charging surcharges as soon as they see fit.
But, nowhere, does it reference any appropriate consumer credit legislation,
and if you son is under 18, I believe that he is incapable of legally
entering into a credit agreement - which this seems to be - so if you want a
fight over £30, you may have good grounds to do so sucessfully. If,
however, you acted as a guarantor, then there is implicit acceptance of a
credit agreement and so you're probably stuffed - so to speak.
I'm not a lawyer, nor should this be taken as any kind of legal advice, but
unless you query this today, you will end up having to pay and probably a
lot more in surcharges.
Good luck................
http://www.easymobile.com/selfcare/...any/terms2.html
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| spoiler@spoiltrotten
.org declared for all the world to hear...
> My son's mobile got stolen a while back. It was easymobile PAYG. Thinking
> they thief couldn't use any more than the pound or two credit I was slow to
> report the theft to Easymobile. Next thing I know the PAYG account is £30 in
> debit and EM are hassling me for payment.
>
> Needless to say I hadn't read the T&C in detail and still haven't yet. Am I
> liable for this PAYG "overdraft"?
>
> Pls no preaching about rtfm etc. I'm not feeling sorry for myself.
You are liable, but Easy will cease to exist in mid-december so I really
wouldn't worry about it.
--
Regards
Jon
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| Spookytooth 2006-11-24, 3:33 pm |
| > You are liable, but Easy will cease to exist in mid-december so I really
> wouldn't worry about it.
> --
Thanks for the advice. Unfortunately the bailiffs are after the money in the
next 48 hours so I'd better pay up
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"Spookytooth" < spoiler@spoiltrotten
.org> wrote in message
news:rWo9h.53539$TH3.41235@newsfe2-gui.ntli.net...
> My son's mobile got stolen a while back. It was easymobile PAYG. Thinking
> they thief couldn't use any more than the pound or two credit I was slow
> to report the theft to Easymobile. Next thing I know the PAYG account is
> £30 in debit and EM are hassling me for payment.
>
> Needless to say I hadn't read the T&C in detail and still haven't yet. Am
> I liable for this PAYG "overdraft"?
>
> Pls no preaching about rtfm etc. I'm not feeling sorry for myself.
How does somebody manage to get a pay and go phone in debit?
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| Jack Torrence 2006-11-28, 7:33 am |
| "Spookytooth" < spoiler@spoiltrotten
.org> wrote in message
news:jiI9h.19366$Fv1.4206@newsfe2-win.ntli.net...
> Thanks for the advice. Unfortunately the bailiffs are after the money in
> the next 48 hours so I'd better pay up
Ask to see a copy of the signed credit agreement.
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