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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I have just recently got back off holiday with my family

Resolved Question:

Hi I have just recently got back off holiday with my family from Egypt and have received a mobile phone bill for my 15yr old daughters phone for £2000 all of which is for data roaming. My daughter didn't even know she had data roaming on her phone is there anything I can do to get this bill either nullified or reduced. I have contacted the phone company EE who do not want to negotiate at all on this. I would have thought that they had a duty of care not to allow this to happen and should have sent texts or emails to let my daughter know about the escalating charges.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did she not realise that she was using data rather than wifi when abroad? Why did she not disable data roaming on her phone before she went?
Customer: She thought she was using the hotels free wifi and she wasn't aware of data roaming.
Alex Watts : Are you saying she only used it within the hotel and not beyond ?
Alex Watts : did she now log into wifi and realise that she has not?
Customer: Yes
Alex Watts : Did she realise she had not logged into wifi?
Customer: She had a code which we got from the hotel reception
Alex Watts : i assume she didn't put the code in?
Customer: The code was put in as I helped her enter it
Alex Watts : Did she have a phone signal abroad?
Alex Watts : i assume she did when she landed ?
Customer: Yes she had a phone signal however there were no phone calls or texts made only data. The phone was in airplane mode whilst on the plane and until arrival at the hotel
Alex Watts : but when she came out of airplane mode did she not wonder why she had a signal when she got to the hotel?
Customer: She is 15 it would not have been in her mindset to understand that charges would have been being incurred
Alex Watts : ok, but did she not wonder why she had a signal when ought not to have ?
Customer: In all honesty I cannot answer that I can only assume that she didn't know that she shouldn't have a signal
Customer: My main issue is that EE should surely have a duty of care to notify that data roaming charges are being incurred.
Alex Watts : No
Alex Watts : Your daughter is the phone user and it is up to her to make sure that she understands it and knows how to work it.
Alex Watts : Who is named on the contract you or her?
Customer: Me unfortunatey I have 3 phones on the same account for my wife and 2 daughters
Alex Watts : Ah. If it was your daughter then the contract would not be enforceable and you could have got out of it,
Alex Watts : Its bad news then I am afriad,
Alex Watts : the contract and is with you, even if there was a duty to care by EE, which there is not, that would only extend to you as the contract holder. EE would not have any liability against a third party.
Alex Watts : Indeed EE can't be responsible for someone using their phone. It is up to the user to make sure they underatand it. Indeed s,art phones have a facility in settings to turn off international roaming or international data to prevent things like this.
Alex Watts : You can also switch them to wifi only mode.
Alex Watts : Sadly EE are not responsible because they are not liable for how someone uses their phone but even if they were your daughter is not a party to the contract.
Alex Watts : Please see for more information http://eecomplaints.co.uk/make-a-complaint
Alex Watts : You can follow the complaints process to see if you can negotiate a lower amount or repayment plan
Alex Watts : I am sorry if this is not the answer you ant and certainly not the one I want to give you, but I have a duty to be honest
Customer: Ok thank you
Alex Watts : Can I clarify anything else for you?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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