Stolen Orange Mobile- massive bill

macman

Your sister is fully liable for all calls made up until the theft/loss was reported to Orange, she is also liable for the rest of the monthly contract payments as well, as loss of the phone does not end the airtime contract.
If it's uninsured it is the owners' responsibility.

chuckley

even if the driver did have it and was gonna return it, she still shoulda got it blocked and then unblocked once she had it back. i did that even wen i left my fone @ work one nite. i didnt trust the cleaners not to use/steal it.

as she didnt report it, she has to pay as it wasnt reported lost/stolen.

real1314

DUTR wrote: »

Your sister will be responsible for any calls made on the sim until such tome she informed the service provider, the phone was not stolen as per the title but mislaid, I don't think she will have much of a case in court, can you not loan her the money for this bill?

Once the person who had the phone started using it, they committed an act of theft. They used the contract even though it was not theirs to use and deprived the rightful owner of it's facilities.

It would be covered by Common Law. imho.

seaniboy

^ correct, so the police have a duty to investigate all avenues available to them including the release of all information on the location of where the calls originated, this maybe cross referenced via other avenues of enquiry, the police you will probably have to keep chasing up and ask for written details of what action is being taken to forward to Orange, police will prob be laxxed about such a matter taking a report and do very little but make sure YOU force them to investigate as the detriment and impact is severe to the crime victim.

You will need to make the first report and get a copy of such and the Crime Ref Number inform Orange via a call of such (take the advisors name & extention number & keep a record of the call via a bill) ask the amount be placed on hold, send a copy of these and any subsequent police written up investigation to Orange's registered office, the Orange T&C hold you liable for charges but Orange cannot force you to pay IN FULL as a victim of crime until all police enquiry are fully complete against the alleged criminal activity, any debt collection or court action Orange would take against you in the interm would be foolish and a debt company knowing the details at your request would need to send the "debt file" back to Orange, a court would laugh at Orange for taking legal action whilst still a open case of criminal conduct is under investigation & your nominal payment of 10% of the balance each month provides the court with your acknowledgement you at the end of any failure to address the criminal activity through the police & possibly the court system WILL take full LIABILITY of the costs due in line with you & Orange agreed T&C at contract comencement/rewnewal.

Advice I would give over that period of enquiry is pay something (minimum 10% of "on hold" balance) each month to reduce the £300 so if at the end you have no legal redress financially via compensation or court costs to yourself either civil or criminal you are still not stuck with an immediate payment of £300 to Orange. Orange having seen you over the period of enquiry pay something every month would prob then be more willing than not to allow a payment plan on the remaining balance.

chuckley

that is the BIGGEST reach ever. how exactly r the police gonna track the phone when OP cant even prove they wernt in possesion of it, for FOUR whole days. one day YES, they would investiate. but y would the police be interested in sum1 that had their phone missing for FOUR days and didnt report it?!

PLUS its all well and good reporting 'stolen' now, they could look on the case as FRAUD, as well the phone wasnt stolen, it was lost and then found by someone else. many people use taxi's, how will they pin it down to 'that' driver?! it could have been a customer pretending?!

the police cant even track/trace ACTUAL stolen phones, so how the hell they gonna help in this case?!

Stop givin OP false hope, their sister made a big mistake in not reporting it and will have to pay for it as they cannot prove it was stolen, because it wasnt!

DUTR

real1314 wrote: »

Once the person who had the phone started using it, they committed an act of theft. They used the contract even though it was not theirs to use and deprived the rightful owner of it's facilities.

It would be covered by Common Law. imho.

You may well be correct, I'm no lawyer, however I still believe the OP's sister will not have much of a defence and would have to prove that she never gave permission for the holder to use the handset, either way it would be long drawn out for the sake of £300 quid, I would suspect, it is going to be one of those life experiences, since phone locks etc could have been used and prevented this whole episode