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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 741
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Approx 1 1/2 years ago my dayghter (now 21) was given a mobile

Customer Question

Approx 1 1/2 years ago my dayghter (now 21) was given a mobile phone and tablet for her birthday by her boyfriend (now 22). the contract for the items were in the boyfriends' name and he is responsible for the monthly payments. As parents we suggested our daughter offer a contribution to the payments as the payments were £80 per month - so the boyfriend told her. The offer was made and the figure he said he wanted was £60 per month. A Standing Order was set up to transfer the money into his account each month. No other conditions or terms were discussed or written down, he seemed grateful for the suggestion. They parted company in January of this year and the boyfriend is now demanding my daughter pay off the contract. We have visited our local phone store who advised us that as the contract is in his name they cannot give any information as to when the contract is due for renewal or how much it would cost to cancel it. The standing order into his account was cancelled at the end of January this year, however he is still demanding she pay the money and in his words "will continue to demand until he gets the right amount".
My daughter has tried on several occasions to return the phone and tablet to him but he pushes it back at her saying its not his, he doesn't want it. As we believe the items to belong to him as they are under contract with him we feel he needs to have them, they were posted to his home address in Stafford but returned the following week. The local store will not accept them back on his behalf either.
We have requested he find out how much the contract costs to cancel and give us an idea of how much is left to pay to no avail. We have offered as a gesture of goodwill the sum of £300 towards the cost of cancelling, however as he is not willing to tell us how much is owed we are at an impass. His e-mails to my daughter are becoming quite unsettling, he has turned up unannounced on our doorstep to hassle her about the breakup but will not discuss the phone situation with her, made appointments to meet at the phone store then cancelled them claiming pressure of Uni work (1st year Law Student), then turned up on the doorstep - waiting hidden until she arrived home - hassleing her again. Each time she has told him the only thing to discuss would be the phone contract which he then pushes to oneside and he becomes aggitated so she has to come inside as she is worried what he will do.
As parents we have tried to advise her and have informed his parents of what is going on but have now run out of suggestions as to where to go next, especially as he is threatening to sue her for the money and stated he will not stop until he gets his money!
Any help would be gratefully received as this is now beginning to affect her at work.
Mrs D Barden
Submitted: 10 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Mrs Barden Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask - he has never at any point confirmed to you how much money he is saying is due and has never provided you with any proof in respect of the amount required to 'pay off' the contract? or what the monthly payments are? Kind regards Caroline
Customer: replied 10 months ago.
Hello Caroline
Thank you for responding.
He has never confirmed any amount of money and one of us have seen the contract or any proof of how much it will cost although we have asked for it in writing. As far as I am aware he has never provided any proof of what the monthly repayments are.Regards
Diana
Expert:  ukfamilysolicitor replied 10 months ago.
Dear Diana Thank you for confirming that for me. It is possible that he is going to say the contract was taken out in his name for your daughter rather than this being a gift. As the contract is in his name then he is the one that is liable for this contract and there was any default then he would be the one that they would pursue. He could however issue a small claims against your daughter in respect of any monies owed - arguing that even though the contract was in his name - this was an agreement between them that he would be repaid. From what you have said - you have made every effort to be reasonable with him. As things stand if he wants to pursue any monies owed then he needs to make it clear what the costs would be - and you should write to him and formally ask for this information to be provided to you. If he was to issue a small claims - then he would need to provide proof of what is alleging is owed - so he isn't going to make much progress at court if he doesn't present this information. You really cant proceed without this information being provided to you and his claim isnt going to go far at court if this information is not provided. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline Please kindly remember to star rate my service so that we receive credit for helping you today
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 741
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Caroline
Thank you for your response. We have just received a letter from his father stating exactly what you suggested.
He is supposed to be leaving an invoice this evening, however this would be the third time we have been told this so don't hold out much hope.
I will contact again should the need arise
Regards
Diana
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Diana Thank you for your response. If you keep me updated - then I will assist you further. Kind regards Caroline

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