Mobile Contract Non Payment Advice Needed

UnemployedDebt

2 months ago my then girlfriend wanted a new phone on contract. She wanted the iphone, so we went to a local O2 shop. They wouldn't take her switch card for a credit check so the salesman asked me if I would use my card. I agreed after being told I would not be responsible for the payments and she would be paying it thru her bank. A few weeks ago her phone was cut off, cos she had used over 30hrs of call time and had an allowance of 10hrs, which now results in a £315 bill, due to be paid on Monday. O2 say her phone will be re-connected when the bill is paid.

We also split up a few weeks ago. I find out today she has not paid her rent for 3mths and also owes her bank £800 in an overdraft, which has been sent to a debt collecting agency. Now I got a feeling she isn't going to pay this mobile bill and that I will be responsible for it. Anyone know my rights in this, any help at all would be appreciated. I've had a contract phone for about 10hrs now, and never missed a payment, recently left T-Mobile and went to Vodafone. I dont want my credit record screwed cos of her.

DarkConvict

The bill is responsible by whoever is named on the contract, not who is paying for it.

You will only be responsible for paying the bill (or in this case liable for the outstanding balance & remaining contract charges), if the phone contract was taken out in your name. Was the phone definitely ordered in the name of your previous half?

May i ask why O2 have got in touch with you, if you are no longer together? Wouldn't data protection prevent them telling you details on her account.

If you are named, you will have the balance to pay off, and then additionally the remaining length of the contract. I.e. 24 Month contract at £30. If you are 2 months in, then ( 22 Months X £30 ) + £315 = £975. Obviously that's a total amount, the monthly charge is paid a month at a time.

foxy-roxy

I think that as you were the one who had the credit check, it is your name on the contract, but the payments were coming out of her bank, and if 02 are contacting you then you must be responsible for the bill.
Have you tried contacting your ex?

Jon_01

If it is in your name report the phone lost to O2 that will at least stop her generating any more costs.

But as above, if the credit check was in your name it looks like the acc is yours and O2 will chase you for the outstanding.

UnemployedDebt

O2 havent contacted me, as the bill is not due until this Mon. She paid her last months bill thru direct debit. I just dont think she is going to pay it this month, and I'm wondering if O2 will come to me for the money. There is no way I can pay her bills, any idea if O2 do come to me and I refuse what will happen?

DarkConvict

UnemployedDebt wrote: »

O2 havent contacted me, as the bill is not due until this Mon. She paid her last months bill thru direct debit. I just dont think she is going to pay it this month, and I'm wondering if O2 will come to me for the money. There is no way I can pay her bills, any idea if O2 do come to me and I refuse what will happen?

The important bit is who is named on the contract.

When it was taken out did you list and your name and sign it. Or did she do it?

O2 will only come after you, if you are the person named on the contract.

Jon_01

As long as your name isn't on the contract or you signed as a guarantor you've got nothing to worry about.

jb66

if you have to pay get the iphone from your ex and sell it, or report it stolen.....

UnemployedDebt

Yeah I signed something, I signed the top half of the form and she signed the bottom with her bank details on. But the salesman said I wouldn't be responisble for the bills. If I am responsible can I get out of it as the contract was missold by the O2 salesman.

UnemployedDebt

She has rang O2 a few times to ask why she was cut off, and they talked to her and not me. If it was in my name I would expect them only to talk to me?

Jon_01

UnemployedDebt wrote: »

She has rang O2 a few times to ask why she was cut off, and they talked to her and not me. If it was in my name I would expect them only to talk to me?

Indeed, if it was in your name the data protection act would mean they would only talk to you. Which would mean the contract isn't in your name. You need a copy of the contract to see what you signed for . . .