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caringa
caringa Posts: 676 Forumite
Hi - wonder if anyone can give some advice. Basically my daughter (very stupidly!) took out a mobile phone contract with Orange for her boyfriend as he did not have a good enough credit rating. He was working though and she (stupidly again!) thought nothing could go wrong - which of course it did as he lost his job, couldnt pay the bills and naturally Orange are now chasing her for the monthly fee plus outstanding monies. Although they have split up (surprise surprise!)he has said he will take the contract on but of course Orange will not swop it into his name as he is out of work.

I know this is a very, very long shot but does anyone have an idea of how she can sort this out? She is scared stiff the baliffs will come to the door and the worry is making her ill. The only thing we can come up with it that she will have to pay until the contract ends.

Comments

  • I don't think Orange will be sympathetic to this, unfortunately. She'll need to settle the arrears, and then explain to them, and they might offer her a settlement fee which is less then usual as the contract is actually her boyfriends. I doubt it, though,as she took on liability for the debt.

    Did the contract come with a phone? If so, sell the phone and it should cover some of the fees.
    She does need to phone up and arrange payment or a payment plan, though, or they will give the debt to a debt collectors.
    Signature down for maintenance :rotfl:
  • gjchester
    gjchester Posts: 5,741 Forumite
    Orange can swap the contract but he still needs to pass the credit check, M0obileco's usually don't ask for proof of income, so it may be do-able. If there are other credit issues (as you suggest) then it may not be just to do with income.

    Long and short is unless they had in writing somewhere who would pay the debt is your daughters. Best thing to do is Call Orange and ask them how they can help. You don't say how long the contract has been running for or how much it is. They are unlikely to lower the bills or release her from the contract but they may be willing to do something to make paying them easier, and it may be they can move to a lower tarrif depends how long it's been. You probably *WILL* be paying the contract to the end of the minimum term.

    If he still has the phone get it back so no large bills can be run up, and you can get some benefit out of the money you are paying.

    If you can't get it back report it to orange so phone and Sim are blocked. That way they can't be used or sold on, and keep trying to get it back, you can always get the block lifted as the owner of the phone later.

    You can try getting the police involved if the phone is not returned, but to be honest it could be said it was given as a present in the relationship, rather than a loan and would be hard to prove either way.

    Finally please encourage your Daughter to sort this out (even with your help) burying it will not make it go away, getting in touch now to sort a payment plan out may make it easier than leaving it and debt collectors get involved. Orange will have seen this before and will offer some help, even if it's limited. They have no interest in a bill not being paid they lose out on it too.
  • Annie._2
    Annie._2 Posts: 516 Forumite
    A mobile phone contract is a credit agreement, and Orange are unlikely to be sympathetic and the commitment will need to be honoured.

    Any outstanding payments will need to be made or it will affect your daughers credit rating and the debt will be sold to debt collectors.

    If there are payments outstanding, these need to be cleared before trying to sell the phone since Orange may have placed an IMEI block on the phone.

    Mobile operators now offer a 25% discount for early termination and no VAT.
  • gjchester
    gjchester Posts: 5,741 Forumite
    Ann_S wrote: »
    Mobile operators now offer a 25% discount for early termination and no VAT.


    that should be "offer UP TO 25%"

    Low monthly charge users may find they recieve little or no discount. If you have made a lot of X network calls they may save money by your leaving and you get a discount, or they may not and you get none.

    Not sure if it is VAT able overall. It's still a service so still vatable but they work it out ExVat. Normally all my bill is worked out Ex Vat and Vat bunged on as the last item, it may be non vatable, it may be it is but not clear from the docs. (I can't imaging HMRC would let anything go ex vat to be honest!). Hopefully for the OP it is Ex Vat

    All the details are in the T&C

    http://www1.orange.co.uk/service_plans/downloads/PAYM_PG.v5.12%2820100331%29.pdf Page 40
  • Annie._2
    Annie._2 Posts: 516 Forumite
    gjchester wrote: »
    that should be "offer UP TO 25%"

    Low monthly charge users may find they recieve little or no discount. If you have made a lot of X network calls they may save money by your leaving and you get a discount, or they may not and you get none.

    Not sure if it is VAT able overall. It's still a service so still vatable but they work it out ExVat. Normally all my bill is worked out Ex Vat and Vat bunged on as the last item, it may be non vatable, it may be it is but not clear from the docs. (I can't imaging HMRC would let anything go ex vat to be honest!). Hopefully for the OP it is Ex Vat

    All the details are in the T&C

    http://www1.orange.co.uk/service_plans/downloads/PAYM_PG.v5.12%2820100331%29.pdf Page 40

    There is no VAT on an early termination charge because you are not receiving a service.

    The 25% discount on early termination is an Ofcom ruling which all networks now offer.
  • gjchester
    gjchester Posts: 5,741 Forumite
    Ann_S wrote: »
    There is no VAT on an early termination charge because you are not receiving a service.

    The 25% discount on early termination is an Ofcom ruling which all networks now offer.

    Vat is good new for the OP

    With regardes to the Early termination Ofcom issued Guideleines about termination fee's but it was not law as far as i knew. Can you point me to where it's written down because Oranges T&C explicitly say the discount is not 25%, but varies according to the monthly tarrif.
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