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I get myself into shit sometimes, but my ex is a heartless bitch and would appreciate some serious assistance on this issue if possible please
This is a legal/domestic dispute question. I took out an additional mobile phone contract, in my name, for my now ex girlfriend to have use of as her credit rating was poor and unable to obtain a mobile phone on contract. The initial 18 month contract ended and was upgraded recently to an IPhone 3GS before I split from my girlfriend. She kept possession of the phone and subsequently, I requested it back.
The mobile phone contract is in my name, the contract would include the sim card tariff and the handset. Nothing in relation to the legal contract is in her name, HOWEVER, she registered the IPhone within ITunes under her name. Due to this, she is saying that it is her property and is stating that she has sold it as it was her property and able to do so.
She stated to me she would return the handset and sim card to me but she has decided to only post me the sim card. She obviously understands the ownership of the contract itself is mine but does not consider the handset to be part of the contract, meaning to her, it is not mine but hers.
I would like the phone back as I am now paying for a contract for another 15 months which is a credit agreement towards paying for the handset as well as the tariff agreement.
The mobile network has stated I no longer hold insurance for the handset so cannot have it replaced, which is another concern for me.
So please, where do I stand and where can I go from here?
I posted this elsewhere for some advice but wondered what any of you kind people could advise me.
Cheers in advance if possible and yes, I AM AN IDIOT
If you want to be completely heartless, can't you just tell the police that she stole it from you after you broke up and surely your mobile phone provider will provide you with the IMEI number so that they can clarify the handset was issued by your service provider.
Maybe try telling her this first as she might get a little scared
This isn't legal advice by the way, its just a way she might get scared
kingjayson1 wrote:If you want to be completely heartless, can't you just tell the police that she stole it from you after you broke up and surely your mobile phone provider will provide you with the IMEI number so that they can clarify the handset was issued by your service provider.
Maybe try telling her this first as she might get a little scared
This isn't legal advice by the way, its just a way she might get scared
1. told her about police and she came back saying they couldnt care less
2. waiting for police to come to me now to make a report...already given them information of the circumstances and her details
if you have insurance say it was stolen / lost - the company will disable the phone and you can get a new one, sell it, then pay off some of the contract with the £250/300 you get from ebay.
Even if you dont have insurance they will normaly work something out as they would rather you be able to rack up minutes and data charges / roaming charges when on holiday etc.
RNTGOONER wrote:if you have insurance say it was stolen / lost - the company will disable the phone and you can get a new one, sell it, then pay off some of the contract with the £250/300 you get from ebay.
Even if you dont have insurance they will normaly work something out as they would rather you be able to rack up minutes and data charges / roaming charges when on holiday etc.
no insurance but i cannot understand why...told me i would have to pay for a reconditioned handset, i am not paying any more.
12thGooner wrote:Send here a small claim summonse to repay the remining cost of the tarrif from the date you split up to its completion.
its all in my name though so cannot charge her for that, but can for the phone as i have proof in her writing that she was in possession of my property and has sold it, by her claim anyway
