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

Sorry pressed too soon, also the phone company wont speak to you to resolve it OP as you aren't the account holder and they would be breaking the law by doing so. You are being given some incorrect advice on here.

Your best bet is to get a new contract in your own name with a new UK number and leave your EX to pay the bill on the old one and forget about the phone and number.

Email all the photos etc which you want to keep, to yourself

Restore his phone to factory settings

Give him the phone back

Do not use the old phone number - buy a new phone and sim and start again

@bellesboo2

The thing is.

He's reported as lost or stolen.

He knows for a fact it is Not lost or stolen. He's falsely claimed it was to his phone company. If he has also done the same to his insurance to get a new device this is 100% fraud.

Therfore... Reporting it to his insurance company will be a great idea. It won't matter if the OP isn't the account holder, their fraud department will enjoy the information.

If the phone is still working it’s unlikely that it has been reported as stolen as it would cease to work? Or have I misunderstood that?

Either way.

You need a new handset and sim and a new number.

A SIM only deal won't get you a phone, which is what you need. Have a look at Tesco mobile and get a cheaper phone and contract all in: we're running 3 x iPhone 6s on friends and family perks for the same as your existing phone is costing.

What kind of phone is it? You will need to back up everything on it before it gets blocked.

Get a new phone and sim and don't have anything to do with him if you don't need to ie. Having no kids together. Why would you expect him to pay for a phone for you when you are no longer together?

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

You don’t get a top of the range model on contract for £33/month. More like double that.

If he really has reported it stolen to the Network Provider, they will be banning the phone from their network any time soon.

With 15 months left on contract, if the bill isn’t paid ( by anyone ) the network provider will ban the phone from every network - it’s the 24 months of £33 that’s paying for the physical phone.

I’ve no idea how anyone can prove something was a gift if the giver denies it - without the expense of solicitors and all that hassle.

Have a look at the car phone warehouse website for a range of cheap monthly contract phones. Agree with pp that having a brand new number is to your advantage.

Everything else aside, why should he keep paying £33 a month for a phone belonging to an ex?

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

In 2012 I was selling phones and a top of the range phone with 1gb was £36.

£33a month will get a lower mid range phone at best. 24×33 would get you 2/3 of an iPhone, never mind any data.

We are both on £80 tariffs because the phones have our lives on them. All docs are backed up, we don't have hard copy books/dvds etc

Gosh guys, you are paying too much!
Maybe it’s my provider but I got my iPhone for £22, all inclusive.

(Sorry if it’s not the case for other providers, I went with mine...)