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Stolen phone racked up charges. Why do I have to pay?

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My mobile phone was stolen while I was abroad. I didn't realise it was gone until the morning. I phoned my network and got the phone cancelled, however, I discovered on my return that the thieves had racked up a £350 bill. My network, Orange, say I am accountable and have to pay the bill. They have offered me a couple of ways to do this, one involved paying within the next month and the other is essentially having my phone cut off for a couple of months. Neither of these is a realistic option as my wife is due to give birth to our first child within the next week or so, so I need my phone and all the money I can save.

Am I liable for this bill, as I keep being told I am? Is there any other options open to me? I've been with Orange for so long, never faulted on a payment and never had a bill go above £50, so I'm shocked that they are so unwilling to help.

Any advice would be so gratefully received.

Thanks in advance.
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Comments

  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    First option contact your phone insurance and go through them. Failing that (if you don't have any insurance) take the second option offered, go and spend £1 on a sim card so you are contactable.

    Also are any of the phone charges from after you contacted the phone company to inform them you had lost the phone? £350 sounds a lot for one nights use.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If not you, who has to pay then?
    That's what PIN protection for SIM cards and mobile insurances exist for.
    You had these options available, but decided not to use them. Now you are liable for all calls made before your phoned your network and your only option is to appeal to Orange's better nature.
  • James_Lahey
    James_Lahey Posts: 478 Forumite
    Did you buy holiday insurance? Any chance they might pay out?
  • gjchester
    gjchester Posts: 5,741 Forumite
    Forwandert wrote: »
    Also are any of the phone charges from after you contacted the phone company to inform them you had lost the phone? £350 sounds a lot for one nights use.

    Unfortuantly it's not, Interntational calls to other countries when out of the UK can rack up, anything from £1 to £2 a minute, and thats before you think of any Data use at £3 a meg, so thats just a few hours useage.

    To the OP you are liable, and there no point going over the things like havein a PIN number on the phone now, after the event you have enough to deal with.

    If you REALLY need to have a phone then either pay the bill (you may be able to negotate some good will discount or a payment plan) and if you can claim on an insurance to get your line back, or buy a cheap PAYG phone for now and only tell the wife the new number for the moment until you sort your line out.


    Bear in mind you still need to buy some phone and you are still liable for the monthly bill so you need to get this sorted quickly so you cna at least use your contract minutes.
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I think you're liable only for the cost price, not for the full retail price, of the stolen usage. It's a bit like if you damage something in a shop accidentally; you are liable only for the cost price of the goods, not for the full retail price.
  • 19lottie82
    19lottie82 Posts: 6,030 Forumite
    Part of the Furniture Combo Breaker
    NFH wrote: »
    I think you're liable only for the cost price, not for the full retail price, of the stolen usage. It's a bit like if you damage something in a shop accidentally; you are liable only for the cost price of the goods, not for the full retail price.

    Lol, Not true....
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    19lottie82 wrote: »
    Lol, Not true....
    Why do you say that? Have you researched the law on this before posting such a misinformed repudiation of what I posted?
  • 19lottie82
    19lottie82 Posts: 6,030 Forumite
    Part of the Furniture Combo Breaker
    NFH wrote: »
    Why do you say that? Have you researched the law on this before posting such a misinformed repudiation of what I posted?
    ...have you?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He certainly has.
    Now it's your turn to answer the question.
  • Naf
    Naf Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    NFH wrote: »
    I think you're liable only for the cost price, not for the full retail price, of the stolen usage. It's a bit like if you damage something in a shop accidentally; you are liable only for the cost price of the goods, not for the full retail price.

    Agreed, not true at all. Nothing like being in a shop as those are goods before you buy them, this is a service and associated goods after you have taken possession and started using.
    NFH wrote: »
    Why do you say that? Have you researched the law on this before posting such a misinformed repudiation of what I posted?

    Why do you assume someone is misinformed?
    Unfortunately it is clear that it is you who is misinformed.

    The calls/data etc. have been used on the phone account, and the operator needs to be paid for it. All phones/SIMs offer a PIN lock, most offer a separate phone lock too; mobile operators offer insurance which covers unauthorised usage (as do other companies), so there are plenty of options to either avoid, or remedy this situation: but nothing for after the fact unfortunately. Unfortunately you are liable for all usage up until you tell your operator about the loss: otherwise people could simply rack up a massive bill, then claim loss/theft and avoid paying for what they used.
    I'd be in the same position as the OP were mine to be lost/stolen TBH, as I don't have locks or insurance in place either. I'd have to rely on using the iPhone remote lock. Luckily I'd most likely notice it was missing within a few minutes as I constantly use/check it.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
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