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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience:  Over 5 years in practice
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I took out a mobile phone contract on behalf of my ex-boyfriend

Customer Question

I took out a mobile phone contract on behalf of my ex-boyfriend through Orange. Before we split up we agreed this was to transfer over into his name, went online with orange and swapped over the contact details and bank details. Some 14 months later I have been on the receiving end of a letter from a debt collection agency chasing for money owed to orange. I have supplied all the contact details to the debt collectors, they initially said they could not find him. At much personal cost i then contacted my ex and he agreed to talk to them, confirmed to the debt collectors that the phone should have transferred into his name, confirmed he accepted liability for the debt. Orange have come back even though it was an error on their part in not converting the account over, they will not accept the conversion now or payments from my ex - even though he has admitted that he is responsible to the debt collectors. What right of recourse do I have as this is obviously going to effect my credit rating for something that is not my fault?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

I'm not sure I can tell you anything you don't already know and I certainly can't give you good news.

Come what may, you are liable. The contract is in your name. I'm afraid there is no defence in saying that the phone wasn't for you and that you have split up. You remain liable to pay. They do not have to transfer liability to him unfortunately and generally will not do so as it just creates a layer of admin for them that is not worth their while sadly.

If he is defaulting and you have to pay then you do have a claim against him for the sum of your loss if the agreement was between you that he would pay it.

Sadly though, credit ratings companies are not generally interested In where the fault lies. They just record defaults I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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