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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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i was seeing someone and during that period he had got me a

Customer Question

i was seeing someone and during that period he had got me a phone on contract with his name. but i was making all the payments. he had not put no financial commitment to the contract and handset. can i legally keep that handset?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Has he asked you to give him the handset?
Customer: replied 4 years ago.

he turned up at my house with lil force. i had called orange myself to c if i could change the number. they said yes i confirmed my bank to which the direct debt was coming from. i did this to put distance between us. he said i done a fraud act. but was not even bothered before and now is very angry.

Expert:  Jo C. replied 4 years ago.
I am travelling to court at the moment and require about 30 minutes before I will be able to answer your question fully. Please bear with me.
Customer: replied 4 years ago.

ok. i would be grateful. As i really want this ressolved. so i can move one. thanks.

Expert:  Jo C. replied 4 years ago.
Hi

Sorry for the delay.

Is the handset in his name?
Customer: replied 4 years ago.

yes it is. however billing is from me.

Expert:  Jo C. replied 4 years ago.
I am sorry but you cannot then.

The handset is in his name and he is entitled to it.

It is a very bad deal for you obviously but ultimately its the deal you agreed and contracts are hard to escape.

Regrettably the fact that the relationship has broken down doesn't change the nature of the contract that you entered.

If there was an agreement that he would repay you then you can claim at the small claims court your losses. However, if this was just simply a gift then I'm afraid the is no way out just because you have left the relationship.

I'm very sorry.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.

so even if i made all the payments regarding the contract and even paid for a early upgrade for the handset. i still loose out simply because his name is on the contract?

Expert:  Jo C. replied 4 years ago.
Yes, I'm afraid so.

If you had a contrary agreement with him then you can sue him but if its just that you paid for him to have a phone when you were together then you can't escape just because the relationship has broken down.
Customer: replied 4 years ago.

so ive cancelled my direct debit and recalled this months funds back is that ok to do?


 

Expert:  Jo C. replied 4 years ago.
Sorry but if you don't intend to rate I won't be giving you any more information

Opting out