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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I've got a phone contract in my name that I got out for

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Hi, I've got a phone contract in my name that I got out for a previous ex of mine, now that we are no longer together I tried getting her to transfer the contract over to her name but she has shown she is not willing to do this. Recently she has not been keeping up with payments and the phone provider is now after me for the payments. I do not think it is right for me to be paying off the contract if I'm not the one using it
Is there any way I can resolve this without having to pay, should I take this to the courts?
My name is ***** ***** I am happy to help you. Can you tell me how long you have had the contract please?
Customer: replied 2 years ago.
I have had this contract for around 5 to 6 months now
Thanks for the additional information. You are the person who is party to the contract, not your ex-wife, so you are the person with all the rights and obligations under the contract. You also have an obligation under the contract to make the monthly payments even though you are not using the service yourself - if you wish to recoup your expenses then you will have to make a claim against your ex-wife; but that is between you and her and not the mobile phone company. Those are the legal steps - the shortest way of bring the contract to an end is to give notice and terminate, but you will be liable for the remainder of the contract which may be another 6 months or so of payments and the downside is that your credit rating may be affected. Happy to discuss further if needed.
Customer: replied 2 years ago.
I know this is between me and her, and not the phone company. I do not wish to take legal action against the company at all, I will be paying the phone company what I owe them as per set out in the contract, my issue is written or not I had an agreement with my ex that she would be responsible for payments, as soon as we broke up she had stopped payments and her usage went over the roof knowing she would not have to deal with any repercussions. Yes I wish to recoup my expenses and was seeing if this was possible through any sort of legal action if possible, what steps to take to achieve this, and what my chances for success are
It's difficult to say what your chances are especially if there are no witnesses to your agreement and nothing in writing; it will be your word against hers if the matters goes to court. But, as a starting pointing, I would recommend that you write to her setting out exactly what you agreed and how much she owes you and ask her to a) give you the phone so you can use it for yourself b) ask her for the money that you've paid so far c) if she will not pay then you can make a claim using Money Claim Online which can be found on the Ministry of Justice website. Happy to discuss further if needed.
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Customer: replied 2 years ago.
I have spoken to her before asking her to change this contract to her name but she had refused to do this, and last time I spoke to her about the payments she assured me she would settle the payments needed which obviously hasn't happened. She also said she would sell the phone in order to do this but I have no idea whether or not she has done this as she will not respond to any of my attempts to contact her anymore.Okay so then the best way to do this is to start a money claim on this website?I've never done this before are you able to provide a little information about how this process works?The phone company has her bank details registered from the start of when the contract was set out, would this aid me in my argument that we had an agreement for her to pay the monthly fees or in any other way?
Customer: replied 2 years ago.
Will I need to provide the claims website with any kind of documentation as proof or anything, and if so what will suffice and how do I obtain it?
Thanks for the additional information. I am commuting presently but will write a full answer for you this evening.
You need to send her a letter of claim setting out exactly why you say she owes you money and give her at least 14 days to pay what she owes all reach some other amicable agreement. You could for example suggest that she pays you for the use of the mobile phone and that she takes over the payments in the future. If you are able to reach a agreement then you should make sure that you get it from her in writing but if you are unable to reach any agreement then the next step is to issue proceedings. You can do this via MoneyClaim Online. There is guidance in the website and its a very simple to follow procedure. Once the claim is issued she will have a maximum of 28 days to defend the claim, failing which you will have judgment against her and can then enforce it.
Customer: replied 2 years ago.
Thank you for your answer, the problem is I have tried to contact her before and she has failed to respond, and it had been well over 14 days, can I start the money claim right away or will they need proof that I have tried to contact her?
If you've already tried your best to contact her to resolve this issue then you shouldn't delay any further, you should press on issuing court proceedings as soon as possible. Make sure you keep all the documents as you may have to produce them as evidence in support of your claim and also to confirm that you have tried to sort he matter out.