To keep the phone I was given as a gift?

[NeverGuessWho]

STBXH has reported my phone as stolen.

The contract is his name, and he gave me the phone as a gift. The phone has not been stolen. It has always been in my possession.

There is approximately 15 months of the contract left. I can not afford to pay £33.00 a month for the next 15 months.

I’d appreciate knowing my legal position, if anyone knows.

Also, whether IABU to keep it, as it was a gift.

STBXH has been financially controlling throughout our marriage, as well as emotionally & verbally abusive. There has also been some physical abuse. He is not a pleasant, rational individual who is playing fair on any level.

TIA

You can download apps to transfer things from the old to the new phone

If you go and get a sim deal today, you dont get a handset with it.
You can get your own contract if you pass a credit check. You can move your contacts, pics etc over. The phones basically talk you through it when you turn them on.
Google how to do a factory reset, its easy, and give him the phone back.
If you decide to port your number over, text 65075 from the number you want to keep and give the code that is sent to your new provider.
However- this will terminate his contract immediately and he will recieve a bill for the charges to the end of the contract, all in one go.
If you return the phone at least hd could sell it yo cover some of the bill.
If you cant get a contract in your name, get a cheap pay n go phone and get sim only deal to use in it.
The fairest thing to do is give it him back and start again yourself. He is responsible for the bills. You could run up a massive bill and hes liable.

There’s a good chance that your phone is isn’t SIM Free and therefore won’t accept any other SIM card.

Hand the phone back to the phone provider and tell them it wasn’t stolen.

This is an opportunity to lessen his reach.

In addition to all the previous good advice why would you want your ex to have access to all the people you're contacting? If he is the bill payer he has access to your phone info which I imagine you wouldn't really want him to.

If he has registered it as lost/stolen, the phone and sim will be barred. So even if you get a new sim, it won't work in that phone. Even though it was a gift, if the contract is in his name, its legally his. There isn't much you can do there.

If the contract is in his name, just stop paying the bill. You aren't legally liable. Unfortunately that means that theres nothing you can do with regards to restoring the phone. So I wouldn't bother.
Just get a new contract with a new phone on your name, then he can't touch it. As its legally yours.

Theres an app you can get to transfer stuff from one phone to another.
My advice is to go to a retail mobile phone shop and take out a new contract and get the shop to transfer your stuff from the old phone to the new one. Most places have a one off charge for it but at least you know it's all been copied across.

I would clear the phone and buy a pay as you go sim card instead.

Yup you need to give it back

How long have you had the phone?
As if about 2 years, the contract is almost finished.
I would go the a shop and explain your STBX is lying.
He gave you the phone, and work from there.

If you can get the phone unlocked keep it and put a new sim in. If you can’t get it unlocked then you might as well return, because locked to his account it is useless to you once it has been blocked (because reported stolen). If you return it, let the shop know that the stolen report was false. That’s fraud.

@Cherrysoup

Give it back, port your number and get a new phone/contract. £33 a month is not very competitive. I’ve got 20GB for £20 a month.

depends on the phone

I’d recommend GiffGaff - you can get a SIM card on a really cheap monthly subscription (think it starts at £6 and includes a ton of included data etc) and put it in any old phone you have / are given. Far better than being part of the lies told by your awful ex. I’d also tell the phone company / police he’s lying, but that’s just me.

How long have you had the phone?
As if about 2 years, the contract is almost finished.

OP said there’s 15 months left.

Shop him at the shop.
Take proof of who you are and hand it back.

You need to give back the phone or pay for it.
You said you cannot pay so it’s his.

You need a phone and a SIM. You said this is part of a contract, assume top of the range model based on the monthly cost.

Do you have another mobile device?
If not, get one and start transferring the data, supplier can switch it off any time.

I might be able to help, as I work for a phone company.

If the phone is in his name, he is legally responsible for it, and the payments. Even if he has marked the phone as lost, hes still in contract, and would be obligated to pay under the terms of his contract. I'd maybe contact him, and remind him of this.
You can technically cancel your DD, as any defaults would linked to him, not you.

You also cant port, migrate or make any changes to the account without the account holder being present. Its sucks, but its true.
This means that you cant do a transfer of ownership either, and youd need to take out your own connection, with a new number in your name.

Has he claimed on insurance for a new phone???

If so, I'd recommend contacting his phone network and or insurance companies fraud department.

Pineapple * that wont work, hes the account holder, and technically he doesnt have his phone, so he can claim under his insurance if he would like. The account wouldnt be fraud either, as it's his account.

Also worth mentioning that she wont be able to unlock it, as when its marked as stolen an IMEI bar is placed on the phone which bars the handset. So, no other SIM would work in the phone whatsoever. The phone may work outside of the UK, but that's it.

I wouldn't give it back to him I would speak to the company after stripping it of all my stuff tell them he reported it stolen knowing he had given it to you and you want to return it to them otherwise he could just say you kept it

Or drop it into the police station as a found phone

Mobile phone companies wont care about that unfortunately. He can list his phone as lost or stolen if he want to, and they wont Unbar it without the account holder either.
It would just fall on deaf ears.

If he has reported it stolen then the phone will be locked and a New SIM won't work in it

The contract is in his name, not yours. He is legally responsible for making the payments for the next 15 months. I personally would wipe the phone and drop from a great height (whoops it slipped) before returning.
To be honest i wouldn’t want a phone that had anything to do with an abusive ex, do you really want him knowing all your doings?

Let him have the phone - it's probably useless if the company have stopped it from working and he's got to pay the bill for another 15 months anyway - his loss!

The phone company wont speak to you. You're not the account holder. They would be breaking DPA.
You will be able to port it as you have the handset and now you can just send a text to 65075 since the new OFCOM regulations came in and dont have to speak to anyone to change networks any more. It goes to the sim card attached to the account. It is expected that the account holder will have reported it if stolen if they are not in possession of it. He would however get a massive bill if he has 15months left and if he was abusive previously I wouldnt advise this. Just start again on your own.

If the EX has registered it lost or stolen and barred the line, OP wont be able to text to get the PAC code as the line isn't working.

Also i

He best bet is a new number.