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Orange and debt collectors

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noni
noni Posts: 106 Forumite
Hi,
Need urgent advice. Took 24mth Contract with Orange through Phones4U one for myself and have signed one for BF. Salesman said it didn't matter as it was coming out of his bank account.
This now seems to be wrong information.
I have no contact with EX.
Debt Collecters from Orange say I need to pay. However after explaining situation EX BF says they have agreed for him to pay payments over the phon every month.
I do not want to be involved in this.
Can Orange take something in writing from me or him to disassociate me from this debt incurred by him due to non payment?
I cannot afford to pay it.
Contract has now ended - I have just upgraded with Orange on new contract for another 24mths.
Need informed advice.
Thanks.

Comments

  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    The problem is you stood as guarantor for your ex which means if Orange don't get paid they will come to you for the money ;)

    It's going to be a bit late in the day to say you no longer wish to stand as guarantor ...the only thing you can do is ensure that the payment plan that exists between your ex and Orange is adhered to ...thats if it is actualy in place which you need to find out from Orange ;)
    It's not just about the money
  • Jon_01
    Jon_01 Posts: 5,915 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Once you signed the contract you became liable for the debt on it I'm afraid.

    As Silk says, all you can do now is to make sure that your ex pays it off as they'll be looking to you if he doesn't. They won't release you from it now it's been defaulted on.
  • The_Boss
    The_Boss Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hold on - you said the contract has now expired - is that your ex's contract? I.e. come to the end of the 24 month period?
    In this case, it may be easier to disassociate yourself with him, or when he wants a new contract then you'll have to come off.
  • noni
    noni Posts: 106 Forumite
    yes contract is at end of 24month period. It appears that he said he cancelled contract when he lost his job a few months ago. I have had no contact with him until now. Don't understand How I was allowed to take another contract out recently when there was a defaulted contract that I was unaware of.
    He states he has to make telephone payments to debt collectors each month. I have no way of controlling this.
    How do I disassociate from him. Can I get something drawn up for him to sign?
    Thanks for you advice.
  • The_Boss
    The_Boss Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    noni wrote: »
    yes contract is at end of 24month period. It appears that he said he cancelled contract when he lost his job a few months ago. I have had no contact with him until now. Don't understand How I was allowed to take another contract out recently when there was a defaulted contract that I was unaware of.
    He states he has to make telephone payments to debt collectors each month. I have no way of controlling this.
    How do I disassociate from him. Can I get something drawn up for him to sign?
    Thanks for you advice.

    Ok, this is starting to make a bit more sense. When he cancelled his contract a few months ago, this appears to be the default. He's probably decided to cancel the direct debit as he can't pay, and then taken that as 'cancelling the contract'.

    Best thing from your point of view is to say that the term has gone past the 24 month contract, and given his defaults and cancellations, that is the period you are liable for and will settle for. This should be sufficient and then you will be off the hook after settling.

    THe problem is that your credit files are probably also linked and you may need to contact them to disassociate yourself with him too.

    I know this isn't probably what you wanted to hear, but sadly that's the way things go with ex's. As someone that lost a huge amount over a flat bought with an ex, I have much sympathy with you for not wanting to have to be responsible for resolving this - but in this case you have to as you've gone gurantor and don't want to damage your own credit by defaulting on what you agreed to.
  • The_Boss
    The_Boss Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Although the payment plan with the debt collector/orange will likely be a smaller rate over a year or two (maybe as little as £10 a month), so this means there's another 12-24 chances for your ex to default on this and to affect you.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Contract is in your name, so you need to double check that the contract has, in fact, been cancelled. So ring Orange and do just that.

    Other advice is good.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    edited 19 February 2011 at 9:25PM
    noni wrote: »
    yes contract is at end of 24month period. It appears that he said he cancelled contract when he lost his job a few months ago. I have had no contact with him until now. Don't understand How I was allowed to take another contract out recently when there was a defaulted contract that I was unaware of.
    He states he has to make telephone payments to debt collectors each month. I have no way of controlling this.
    How do I disassociate from him. Can I get something drawn up for him to sign?
    Thanks for you advice.
    I take it that the contract was in his name and not yours but you stood as guarantor ????
    If it was in your name you should have been contacted by Orange for outstanding payments etc etc and it should have been sorted by you at the time ;)
    If you were standing just as guarantor against a contract in his name it is probable at the time that the default would not have counted against you when you took out another contract.
    Is it possible that the contract was frozen for a while ie. 6 months instead of cancelled ????

    You realy need to find out from Orange exactly what the situation is as it will have an adverse affect on your credit rating ;)
    It's not just about the money
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What does 'signed one for BF ' mean? You signed in your name, or forged his name? If you signed it in your name, then it's your contract-it's completely irrelevant whose account the DD was to be paid from. Of course the salesman would tell you it's OK-he just wanted his commission.
    If it's your contract, you can't in any way disassociate yourself from it. He is not obliged to pay anything at all, and if he doesn't, you'll be the one that is liable.
    No free lunch, and no free laptop ;)
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