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Business phone switched to personal contract

13

Comments

  • kilby_007
    kilby_007 Posts: 738 Forumite
    gjchester wrote: »
    Maybe but the contract should be due an upgrade in 3 months, they may tell him that and he's happy with it.
    It could be the number is what's important as the customers know it.

    No, they take new contracts our for new starters anyway. The number is mine - I moved it into my work's contract only a few months ago. And the only work related activity is call-out by the management team as mobile phones are not allowed on site (it's a gas site) so number portability is not an issue.
    gjchester wrote: »
    It could be seen as theft, is it really worth it. Potentially you could be sued for the replacement cost (ie a new iPhone), and the costs to enforce it.
    If you feel they have not paid you out correctly you could sue, but holding on to the companies property could not be seen as someone wishing to negotiate..

    To be honest they'd be pretty stupid if they decided to enforce anything against me. I have too much on them!!
  • I would cancel the contract for the phone, get yourself your own deal and give them the phone back and walk away.

    You then don't have to resort to theft and can walk away knowing you have done the right thing
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    Since the OP doesn't seem to have been given the full information about what they've signed up to, how about writing to the company stating that they believed that the phone was included in the contract when they agreed to take it over, and asking to be provided with a copy of the original terms and conditions of the contract so that they can take legal advice on the ownership of the phone. Surely that's a fair request before handing back the phone?
  • kilby_007
    kilby_007 Posts: 738 Forumite
    I've told them today that if they want the phone back they can buy the contract back off me. Which I think is a fair negotiation. I'll lose my number and iPhone but at least I won't be paying £45 for sim only!!
  • nomoneytoday
    nomoneytoday Posts: 4,871 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As it's in the last 3 months, can you not call Orange and reduce the monthly bill?

    (O2 recently put my monthly bill down from £37 to £27 for the last 5 months of my contract following a call as I don't use 600 mins)
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    tyllwyd wrote: »
    Since the OP doesn't seem to have been given the full information about what they've signed up to, how about writing to the company stating that they believed that the phone was included in the contract when they agreed to take it over, and asking to be provided with a copy of the original terms and conditions of the contract so that they can take legal advice on the ownership of the phone. Surely that's a fair request before handing back the phone?
    There would be no point in asking to see the T&C's as has been explained before the phone has nothing to do with the service contract which has been transferred.

    The only mention in T&C's regarding equipment is that the phone becomes the property of the purchaser at the start of the contract and they have the right to exchange or return within so many days etc.

    As stated earlier the phone is the property of the company not the network
    It's not just about the money
  • oldgrumpygit
    oldgrumpygit Posts: 121 Forumite
    kilby_007 wrote: »
    I've told them today that if they want the phone back they can buy the contract back off me. Which I think is a fair negotiation. I'll lose my number and iPhone but at least I won't be paying £45 for sim only!!

    Mistake I think. It is not your phone to keep, it is theirs.

    If you decide to play hardball with them they may do likewise and accuse you of theft.

    It might ultimately get very messy.
  • kilby_007
    kilby_007 Posts: 738 Forumite
    I've been in touch with Orange and they say I can't upgrade until October, which means shelling out £168 over the next 4 months for a SIM card! So I've asked my boss if she can cancel the contract exchange and I will return the handset to her and take out a new contract. I reiterated the point that the handset was well used. So let's see what the response is.
  • kilby_007
    kilby_007 Posts: 738 Forumite
    Oh great. So, just been on with Orange again. They said there's no way of cancelling a transfer. Distance selling regs don't apply because I agreed to take over an existing contract. So basically, I'm screwed. £168 out of pocket. B&*^&*DS!
  • oldgrumpygit
    oldgrumpygit Posts: 121 Forumite
    I would ask nicely if you can have the phone then as you think it will be of no real use to the new person.
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