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Cellular Phone Forum / Country Specific / UK Group / November 2006

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Liable for Easymobile PAYG "overdraft"

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Spookytooth - 23 Nov 2006 22:05 GMT
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.
Phil Thompson - 24 Nov 2006 00:04 GMT
> Am I
>liable for this PAYG "overdraft"?

I would expect you to be responsible for charges incurred before you
notified the theft.

Phil
Jeremy Pope - 24 Nov 2006 00:43 GMT
>> Am I
>>liable for this PAYG "overdraft"?
[quoted text clipped - 3 lines]
>
> 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/emcontent/company/terms2.html
Jon - 24 Nov 2006 18:31 GMT
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
[quoted text clipped - 5 lines]
>
> 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.
Signature

Regards
Jon

Spookytooth - 24 Nov 2006 20:07 GMT
> 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
Jack Torrence - 28 Nov 2006 11:43 GMT
>> 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

Ask to see a copy of the signed credit agreement.
Beck - 28 Nov 2006 10:45 GMT
> 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
[quoted text clipped - 5 lines]
>
> 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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