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Mobile Contract Non Payment Advice Needed


GB69
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2 months ago my then girlfriend wanted a new phone on contract. She wanted the iphone, so we went to a local O2 shop. They wouldn't take her switch card for a credit check so the salesman asked me if I would use my card. I agreed after being told I would not be responsible for the payments and she would be paying it thru her bank. A few weeks ago her phone was cut off, cos she had used over 30hrs of call time and had an allowance of 10hrs, which now results in a £315 bill, due to be paid on Monday. O2 say her phone will be re-connected when the bill is paid.

 

We also split up a few weeks ago. I find out today she has not paid her rent for 3mths and also owes her bank £800 in an overdraft, which has been sent to a debt collecting agency. Now I got a feeling she isn't going to pay this mobile bill and that I will be responsible for it. Anyone know my rights in this, any help at all would be appreciated. I've had a contract phone for about 10hrs now, and never missed a payment, recently left T-Mobile and went to Vodafone. I dont want my credit record screwed cos of her.

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Whos name is the contract in? Prob worth checking your credit report just to be sure (you can do this online with a free trial or get a stautory report for £2)

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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I cannot see how using your CC at the point of sale for a credit check could do your EX any good, unless the deal was sharp practice on behalf of the salesman. It might also be worth checking that it isn't really you as the contract holder or guarantor of the contract. If you've not had any further debits, then you've probably nothing to worry about, but you may be linked on your credit file, so if she's really that feckless, you may want to check just n case.

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  • 1 month later...

The reasons for the card credit 'check' provides the following;

 

1) Proves the person is who they say they are - name matches contract

2) Card proves the applicant is over 18

3) Card proves that by using the PIN, the holder is 'confirmed' as being the stated person, and their billing address.

 

It DOESN'T provide any measure f the persons credit worthiness - only that the releent identity checks have been passed. Mobile Retailers have been using plastic to do this for many years now.

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If your name is not on the bill you won't be liable.

 

02 use 2 systems just like all other networks and independant retailers with mobile phones.

 

1) a credit check where they check the individuals credit score;

2) a 'URU' which is an internal system they use only for security purposes.

 

02 sales reps make 0 commission on iPhone sales. However, the sales rep did exploit a loophole in the system.

 

The URU only uses the card to do a dummy transaction confirming the details for the credit check are correct and not your neighbours so to speak.

 

All it checks is the address and postcode match.

 

I wouldn't worry.

 

Hope this helps!

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