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Who own's my mobile phone when I leave?

Hi,

Hope someone with specific knowledge of the law can advise. I am leaving my company. When I joined I asked them to provide a mobile phone but they told me to go out and purchase one for myself and claim it back on the expenses system. This was 8 months ago. I duly purchased a phone with my own credit card and have an invoice in my name. I also got the full cost back on the company expenses system. the phone is PAYG and I expense a fixed amount for calls every month (£15) all of these payments are also on my own credit card.

From a legal standpoint I would like to know if I still own the title for the phone or is it the legal property of the company I work for.

Reason I ask is that I don't really want to shell out for a new £400 phone.

My take: I own the title to the phone. The company can try to sue me for a proportion of the value of the original expense claim but they would struggle. Morally I am a worm :-)
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Comments

  • ILW
    ILW Posts: 18,333 Forumite
    You can buy a phone for ten quid from Tescos.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    smipx013 wrote: »
    Morally I am a worm :-)

    Clearly!

    The company paid for it (by reimbursing you the full cost) so they own it.

    They may choose to give it to you or sell it to you at a depreciated cost but they don't have to.

    But then I think you knew that!
  • smipx013
    smipx013 Posts: 81 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Uncertain wrote: »
    Clearly!

    The company paid for it (by reimbursing you the full cost) so they own it.

    They may choose to give it to you or sell it to you at a depreciated cost but they don't have to.

    But then I think you knew that!
    Of course (morally) but legally I paid for it and my name is on the invoice. That's why I was asking if anyone (who is a lawyer) might be able to offer their opinion. I know it's not right but then if I went into the whole history of how the company has treated me over the last few months (and how they are treating me now once I resigned) then you might appreciate as to why I want to get everything I can.......

    Not everything is black and white........
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    smipx013 wrote: »

    Not everything is black and white........

    But this is!

    They reimbursed you so, effectively they bought it off you. If you like your expenses claim was your bill to them!

    There is no question that the phone belongs to the company.
  • GlynD
    GlynD Posts: 10,883 Forumite
    smipx013 wrote: »
    Of course (morally) but legally I paid for it and my name is on the invoice. That's why I was asking if anyone (who is a lawyer) might be able to offer their opinion. I know it's not right but then if I went into the whole history of how the company has treated me over the last few months (and how they are treating me now once I resigned) then you might appreciate as to why I want to get everything I can.......

    Not everything is black and white........[/QUOTE]

    This is. If they reimbursed you it's their phone. The number is a different matter, I believe you could argue you still have title for that.
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The sim card is yours, and the phone belongs to them.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Pete111
    Pete111 Posts: 5,333 Forumite
    Mortgage-free Glee!
    Just take it.

    ...But don't be surprised when you find it hard to get a new job in the future. After all, they will be perfectly entitled to inform your prospective employer via a reference request, that you refused to return company property when you left them.

    So your question really is:

    "Is it it worth potentially jeapordising my career for the cost of a phone?"
    Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger
  • smipx013
    smipx013 Posts: 81 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Ah well, Fair enough.
  • Pete111
    Pete111 Posts: 5,333 Forumite
    Mortgage-free Glee!
    smipx013 wrote: »
    Ah well, Fair enough.

    I love it when I can help moral worms 'see the light'....makes me all warm and fuzzy. ;)
    Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger
  • yvonne13_2
    yvonne13_2 Posts: 1,955 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 31 January 2013 at 7:13PM
    It's a phone.....Just buy a new one or ask them if you can buy it from them if your so attached to it.

    OP as you sourced the phone yourself am I right in assuming you had the free upgrade option of a new phone after 12 months?
    It's better to regret something I did do than to regret something that I didn’t. :EasterBun
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