mobile phone guarantor problems!

liamphughes

Hi, just looking for some advice,

Basically to cut a long story short my ex girlfriend was guarantor on a mobile phone contract taken out for a 24 month term in August 2011 and I was the one paying the bills, however we have subisquently broken up and are no longer in contact,

I paid the contract every month despite not using it until the end of the 24 months at which point I tried to contract Orange to tell them it needed to be cancelled, but they would not speak to me due to data protection.

So I therefor cancelled the direct debit coming out of my account after the 24 months of the contract had ended, however I have been contacted by my ex stating the contract has continued beyond this and stating I owe her money for the length of time the contract had run outside of the original 24 month period set out in the contract,

She has sent me a letter demanding I pay this money despite me being unable to contact Orange at the end of the original 24 months due to data protection and her being guarantor on the contract, I am just wondering am I liable for any of this outstanding balance as she is threatening court action,

Thanks in advanced and sorry for the lengthy explanation

helencal80

Did you try to contact her after the contract ended to get her to cancel it?

liamphughes

Hi, yes I did via email regarding the cancelling of the contract
However she did not respond and I had no other contact details for her, thanks

Knalchemist

Was the contract in your name, with your ex as the guarantor?

If so then I believe you will both be jointly liable for the contract.

She cannot take action against you though. A part of her signing up to be your guarantor was that if you failed to make the payments... she would.

liamphughes

I don't believe the contract was in my name otherwise Orange would've been able to talk to me on the phone, however I was paying for the contract via direct debit from my account, so to clarify as guarantor she cannot take court action against me that would result in a ccj?

Monkeyballs

Hi,

Weird, and sounds like she is taking you for a ride?

She needs to either call and cancel the contract (then you can sort out payments between yourselves but I know what I'd do) or she needs to set up a new DD then and take over payments...

Keep us posted

MB

FireWyrm

So, who's name was the contract in? This is the crux of the matter. If the contract is in your name, you are the one liable to her for the cost you have incurred. If the contract is in her name, she is solely liable in all cases both as the contractor and the guarantor. If you cannot cancel the contract, I cannot see how you could be held liable in any way shape or form. You emailed her as a courtesy telling her to cancel the contract. If she failed to heed your warning, then the onus is on her. Also, as a guarantor, she is liable for the cost of the contract anyway if you dont pay, that is the point of being a guarantor.

You need to know who's name is on the contract. This defines how you proceed and where you stand. Without it, we have no idea what you might or might not be liable for and therefore cannot advise.

Knalchemist

Doesn't make sense....If your ex is a guarantor, it would mean that you took out the contract, and her name is on the contract as a guarantor, for if you didn't pay.

If your name isn't on the contract, then it means the whole contract is in her name, and ultimately, it has nothing to do with you. She can't take you to court or anything. She wouldn't be a guarantor in this scenario.

If the contract was in your name, then Orange could (in theory) take you to court for a CCJ. Your ex can't though.

spacey2012

The signatory is the one responsible for the contract .
You should always serve written notice of termination of contract and keep proof of postage.
Then worry about calling them, they all have a UK head office.

liamphughes

Basically, at the time of taking the contract out I failed the credit so they then said I could proceed if they took her details as guarantor, however the trouble I am having with this is if my name was on the contract how could Orange possibly be unable to speak to me because of data protection, I find that quite confusing and also after making an effort to cancel the contract and to contact my ex after the 24 month term had ended (never missed a payment during this time) how can I possibly be responsible for any cost outside of this 24 month term?

FireWyrm

liamphughes wrote: »

Basically, at the time of taking the contract out I failed the credit so they then said I could proceed if they took her details as guarantor, however the trouble I am having with this is if my name was on the contract how could Orange possibly be unable to speak to me because of data protection, I find that quite confusing and also after making an effort to cancel the contract and to contact my ex after the 24 month term had ended (never missed a payment during this time) how can I possibly be responsible for any cost outside of this 24 month term?

a) the contract was not for 24 months and then it stops...it was for as long as you had it and it had not been legitimately cancelled via their terms and conditions. You have to explicitely cancel a contract, otherwise, it just continues on a rolling monthly agreement. Often, they make you give them 30 days notice, which, if you time it wrong, means you end up paying two months contract. Anyway, I digress. It is up to you as the contractor to end the contract explicitly and in writing.

b) The contract is in your name, you are responsible. The more you say, it sounds like your ex-gf has no control over it. However, as a guarantor, she is liable to the company. Whether you are liable to her is a different matter and one likely to be allowed to be tested in court. Essentially, you have incurred unnecessary cost to her without explanation through your own misunderstanding of contract agreements. She is (in my opinion) right to be annoyed with you.

I would cancel the agreement with Orange IN WRITING and then, pay your ex the money she has lost.