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Jo C.
Jo C., Barrister
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I am asking this boyfriend. Sometime this year he was

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I am asking this for my boyfriend. Sometime this year he was given an iphone 6 as a gift, the person gifting the phone also pays the monthly phone bill. The guy who gifted the phone recently sacked my boyfriend. When the mention of a phone came up, my boyfriend said about the cheaper pay as you go phones, he left the shop, when he returned, he was given the iPhone 6 with a contract for two years, which his ex boss is paying.
As the phone was a gift, I think for letting his boss stay for awhile when his boyfriend dumped him. Is my boyfriend entitled to keep the phone, as it was a gift, he cannot pay the £50+ a month that his ex boss continues to pay. What advice would you give, re the phone and the phone contract. Thank you for your time, I have put a telephone number, but I struggle using a phone, after getting mild aphasia, after my stroke in 2011. An email would be much better for me.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It really comes down to whether or not it is accepted that it was a gift. If it was a gift and there were no contractual obligations then he isn't under any duty to return it or stop using it.
I imagine this person is saying that it was not a gift though. It does get difficult to argue that an ongoing contract amounts to a gift I'm afraid. Given that he worked for him at that time he could try to argue that this was an employment perk which might be accepted I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi Jo

Thank you for your answer, the guy hasn't asked for the phone back, but my boyfriend is worried that the ex boss might block the phone, then it will be useless. Can the ex boss tell him that he has to make payments towards the monthly bill, even though he didn't ask for a two year contract.

David

Expert:  Jo C. replied 1 year ago.
It depends what he is going to say about their arrangement.
He could argue it was a work perk so it should be returned and in default he should be paying for the use. I think, overall, a court would probably think he should be paying for the use.
Customer: replied 1 year ago.

The boss has a narcissistic streak to his character, and is also very controlling, I have met him. My boyfriend was at a very low point in his life, when he met his future boss. The phone is the last thing that he has control over, maybe why he hasn't asked for it back. My boyfriend is thinking of backingall that he has on the gifted phone to icloud, and then installing it on an old iphone 4 that he has.

Has he got any obligation to pay for the £50+ tariff that he didn't want in the first place.

Expert:  Jo C. replied 1 year ago.
I think, overall, a court would probably think he should be paying for the use of a phone that ultimately he is using.
He can always stop using it and return it.
Customer: replied 1 year ago.

Thank you for your time and answers Jo, I shall pass them on to my boyfriend, and he can choose which option to put and end to the situation.

David ūüėä

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‚ÄėFor Jo C‚Äô. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
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