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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3727
Experience:  Owner at James Bruce Solicitors
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Can I sue someone for giving a line of credit i do not want

Customer Question

Can I sue someone for giving a line of credit i do not want and have asked them to remove?
JA: Where are you? It matters because laws vary by location.
Customer: Port talbot, Wales
JA: What steps have you taken so far?
Customer: My wife has a phone in my name with Three. She has some mental health problems which means she uses Three Pay to purchase things through Google play store. This has meant missed bill payments. I have asked Three to remove this from the account 4 times within the last year.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that this has resulted in £1000s in extra bill payments. Her phone is currently cut off and I now have to pay the outstanding bill of £400+ and over a £1000 in contract termination charges.
Submitted: 11 days ago.
Category: Law
Expert:  james bruce replied 11 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

If you did not take out the phone in your name with the phone company, then you are not liable for the phone. If you wife took it out in your name without your knowledge then she is liable not you. However, the problem you will then find is that the phone company could start looking at allegations of fraud against your wife for obtaining the phone in your name.

You have shut the account down which is good, however, unless you dispute the account and service, you will be liable as it is in your name.

Customer: replied 11 days ago.
Hi. It is not the fact that the phone was in my name. I took out the contract knowingly and gave the phone to my wife to use. What I am asking is, is there any recourse to wave the charges for Three Pay which they would not turn off when asked.
Expert:  james bruce replied 11 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

If you have proof that you asked them to switch off the account then possibly yes. You would be liable for the early termination charges.

But it is a fine line whether they could be held liable for any purchases made by your wife on the google system. They would argue that was your responsibility, you could have put a lockmon the google pay, or took the phone away etc.

It is very unlikely they would be found liable for the costs.

You could raise a compliant to the ombudsman. There are two different ones dealing with communications. Three network are dealt with by the one whose details I have attached.