Been Screwed Royal!!! Please Help

thegrinch620 · 15th February 2007, 20:36

Im gonna cut a long story short here guys. I gave a mobile phone to a colleague of mine and she was gonna pay the bill. She then gave it to somebody else and he was gonna pay the bill. He didn't pay the bill and now I owe £380. I know I am liable for the contract but was wondering if I can claim the money back from him legally and the best way to do it.

Any help greatly appreciated, Cheers.

buzby · 16th February 2007, 00:54

Difficult, as you didn't deal directly with him - however as you're still in control of the phone, at least you can have it switched off and blocked from further use (it can't easily be unblocked though).

LondonPam · 16th February 2007, 08:48

Your "contract" is with the woman and it is her that should be paying your bill. You have no agreement with the guy at all. It is up to her to get the money back from the guy. I'm assuming you did not give permission to her to give your phone to another person.

thegrinch620 · 16th February 2007, 13:10

No I didn't even know she had done until I got a massive bill through the door and questioned what was going on. If I wanted to get the money from her what 'legal' route should I take, the phone is still not in my posession if that makes any difference.

buzby · 16th February 2007, 13:14

Get the phone turned off imediately (NOT barred) and send a text to it asking that the phone be returned to you immediately. You would have every right to forward a copy of the bill to the woman you passed it onto, and request full payment of all charges incurred. You could then take her to Small Claims for the balance owed, and the phone.

Since there has been no consideration paid to you, the equipment remais yours and you are entitled to its return. She may say she only borrowed it, but her passing it on to someone else is of no matter to you.

thegrinch620 · 16th February 2007, 16:12

The phone has been barred because of the outstanding bill and the debt has been passed to a DCA which is why I am now getting really annoyed as it is affecting my credit rating. Is it going to be relatively straight forward to take her through the small claims process, I did this in law years ago but have completely forgotten lol. Does it seem pretty straight forward that she owes me the money thus giving her little or no defence at all.

MrShed · 16th February 2007, 16:14

It kind of depends on the verbal contract. If she has said she will pay "the bill", then I cannot see much of a defence - unless of course she says there was no agreement regarding paying!

buzby · 16th February 2007, 16:17

Barred from the network or blocked (as in stolen?). The phone still has a value, but if you are being hit with the disconnection fees etc, it may be better to try and get the phone back and be reactivated so that you can actually use the minute bundles you're going to have to pay for.

As to getting a judgement, it might not be straighforward if she decides to sat she reached no agreement with you, and that you loaned it to her. What helps you is that she passed it on tos omeone else, so hang on to those itmeised bills!

thegrinch620 · 16th February 2007, 17:34

It was barred for being unpaid but I got it properly blocked. I actually work in a phone shop so have 2 other mobiles so im not too bothered about the mins and texts. I just want to get the phone back and the £280 owed!!! As im getting chased by DCA's I need to know the quickest way for me to get it and roughly how much I will have to pay to get it done. I have never used the small claims process before thats all.

Many thanks

MrShed · 16th February 2007, 17:35

Well, if you are concerned about the DCAs, can you not pay the bill and worry about reclaiming it afterwards?

thegrinch620 · 16th February 2007, 17:38

I have made a couple of payments and will continue to do so but they are starting to ring and ask for more than £30 per month. I am just so frustrated and would be more than happy to take SOMEONE through a legal channel, I just don't know which one to take and who to drag through it lol.

MrShed · 16th February 2007, 17:41

It could take some time, possibly many months, to follow the recommended pre-court steps, get a court date, get a judgement, and enforce the judgement. Have you informed the mobile phone provider of the situation? It is a long shot, but they may call off the hounds until you have resolved the legal challenge. Doubt it though!!

But...you may be able to additionally sue for compensation for the effect on your credit record...

thegrinch620 · 16th February 2007, 18:08

Yeah spoke to the mobile phone company and they said there was nothing they could do. I suppose I will just have to that, is there anywhere on this site which gives guidance of the all the court proceedings. I have had a look but there is just sooooooo much useful stuff to trawl through and I keep getting sidetracked for hours reading through it.

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