Guarantor on a mobile contract

Micklincs

Hello, 
I hope I can get some helpful advice. Thanks in advance.
I was a guarantor on a mobile phone contract taken out in 2012 and since split from the person who I was helping. 02 have no record of me going in to store and having account checks to help me remove myself from the account. This was in 2016...
The phone holder has in 2019 renewed the contract again and not paid the bill. 02 did not make contact with me and I was totally unaware of the problem until the debt was passed to moorcroft debt collectors who landed me with £1000.
I had a separate contract with 02 and have done since 2016 when I separated from them. This is on a different contract and always kept them up to date with my address etc...
My question is...
Have 02 got a duty of care as part of the contract to inform me of a debt incurring on my account before it got to the debt collector? Surely 02 is legally responsible somehow to inform me of such debts incurring on an account?
I knew nothing about the debt and knew nothing about me still being the guarantor on the account. For all I understood 02 sorted this in 2016 when I went in to store.
I just need to know if 02 had an obligation legally to inform me of the problem so it wouldn't get to this cost. If I knew about it I could have done something about it.
Please help, thankyou

Scottishgal87

Never heard of anyone being a guarantor for a mobile phone contract.  Are you sure that’s what it is? 

Micklincs

Yes, 02 accepted the guarantor as the person who wanted the phone couldnt get credit at the time.

Scottishgal87

Surely you set it up so you received notification each month of your bill etc? 

Micklincs

When the phone holder had the account they had their own password and user name. Changed it and security settings when it was set up. Tried to call as soon as debt collectors told me about it and as this wasn't my account and I was just the guarantor they didn't let me go further as I didn't pass security questions. No letters or bills as they were all in the phone holders name. If 02 wanted to contact me they had my details on another account at all times. No contact was made to me regarding the phone holders debt until now.

liggerz87

Iv never heard of garentour phone contract I think whst happened was is they applied for it In your name so it yiur name on the contract and the other person pays it then they failed to pay it and it default and come after you 

d123

Micklincs said:

Yes, 02 accepted the guarantor as the person who wanted the phone couldnt get credit at the time.

Nope, I'll bet the contract is in your name and the other person is listed on the account as an authorised user.

Micklincs

I have been told by 02 the account shows me as the guarantor and the problem is I haven't been notified of any missed payments and now have £1000 they are now chasing me for as they cannot chase the phone holder for as they stated they can't get him to pat so as i am the guarantor on the phone it falls with me. But surely they should have legally been bound to inform me of any debt before now. This is my point please help with advice on this part. No matter what I can't get away from the responsibility but having no knowledge of a debt being incurred isn't helpful. Thanks

d123

Micklincs said:

I have been told by 02 the account shows me as the guarantor and the problem is I haven't been notified of any missed payments and now have £1000 they are now chasing me for as they cannot chase the phone holder for as they stated they can't get him to pat so as i am the guarantor on the phone it falls with me. But surely they should have legally been bound to inform me of any debt before now. This is my point please help with advice on this part. No matter what I can't get away from the responsibility but having no knowledge of a debt being incurred isn't helpful. Thanks

Guarantor or account holder, you are liable for any charges on the account.

Micklincs

This may be the case but not the question I have. Thanks anyway but the question is the awareness of the debt and not telling me until it reached £1000. Surely there must be a requirement to inform the guarantor in good time then I could have done something about this.

sdduk

OP If  you are the Guarantor or account holder then O2 will come after you for the money thats owed the trouble is even if O2 haven't sent you any letters or contacted you...How do you prove it...Sorry but you can't so it's your word against there's.