Help with phone and sim contract during a separation

[freddielake345]

Me and my partner have split, we both have a new phone and sim contract in my exs name. 

I want to try and cut all ties to my ex this includes the phone contract. The phone has about 2.5 yesrs left and that's not something I want to have to manage for that long or still be in contact with my ex over. 

The phone cannot be transferred due to it being a phone and sim. I cannot afford to pay the remaining balance off the phone to transfer the sim only over. I have informed my ex that I'm happy to give the phone back as I cannot afford to pay the full bill to transfer the sim (as you can imagine, they're not happy about this). I need complete ties cutting, so keeping it and coming to an arrangement isnt an option due to personal reasons. 

If I was to return my phone to my ex, get a new phone and contract out. Would I be able to keep the same number or would I have to get a new phone number? 

[bristolian]

What you effectively want is a legal transfer of ownership - the process is explained under "transfer to a friend, colleague or family member" on https://ee.co.uk/help/profile/manage/change-my-account-in-the-case-of-a-life-event - the call to "donate" the line & the call to "receive" do not need to be one & the same, a password can be given by the donating party, which is quoted by the receiving one.

I'm not sure what you mean by the phone not being transferred, though. Are you currently on traditional contracts (with phone & airtime bundled) or on FlexPay, where airtime & device loan are contractually separated? You reference 2.5years of minimum-term left, which makes me suspect FlexPay - but can you confirm?

If you got a new phone & contract, then by nature it would have a new number. Hence to keep your existing number means to transfer it. You would take over liability for the exact some monthly payments, from the date of transfer - the existing account holder relinquishes this.

[freddielake345]

I think it is flexpay (sounds familiar), I called EE today and the lady explained that it couldnt be transfered as there is essentially a loan on the phone in my exs name so until thats paid the contract couldnt be transferred over. 

I was just wondering since I cant take over the current contract, would my current number be lost or could I get it back?  

[XRaySpeX]

You ex owns the no. You can't get it unless she transfers ownership of the airtime SIM plan, after its min. term expires, to you.

[Chris_B · Accepted solution]

@freddielake345  A flex tariff is a credit agreement and you can not transfer a credit agreement.  The device belongs to who ever took out that credit agreement.       

The account holder should be able to request a change of ownership of the Airtime contract part of the flex tariff.   You’ll have to ask the account holder to call customer support to request that. If you are not present at that time the account holder will be given a passcode that they have to give to you so you can then call customer support to accept the change of ownership and you’ll have to pass a credit check.    The device still belongs to who ever took out the credit agreement for it.   

I cannot tell you what to do but I’ll be taking out a new contract with a new number and phone and returning what I don’t own to the actual owner.  😉

[freddielake345]

As much as I'd love a new number, all my 2 step verification methods are linked to this number 😂 it'll be such a pain to update everything. 

The phone is definitely going back to the owner. I absolutely refuse to stay stuck trying to manage a phone contract for the next 2.5 years. 

If I cant take the number, then I'll have to painfully update everything to a new one. 

[freddielake345]

Its going to be a nightmare updating all my 2 step verifications. 

[bristolian]

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@freddielake345 wrote:

I think it is flexpay (sounds familiar), I called EE today and the lady explained that it couldnt be transfered as there is essentially a loan on the phone in my exs name so until thats paid the contract couldnt be transferred over. 

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So the traditional contracts had one single monthly payment, covering both the device loan & airtime payments. You had a minimum-term agreement but otherwise it was a rolling contract with no fixed end date.

A FlexPay plan splits the two elements. You have a fixed-term finance loan for the device which naturally ends once repaid, and separately a minimum-term airtime plan which is therefore similar to a SIM-only. Both elements are paid independently, but your costs naturally drop once the fixed-term element expires.

If you're on FlexPay, there may be some complications with transferring this - in legal terms it would be a novation but I'm unsure how EE handle this in practice.

[freddielake345]

So the lady I spoke to earlier say that the contract cant be transfered over due to the flexpay and there isnt really a way around getting the contract in my name. 

Other than paying the remaining balance for the phone itself and transferring the sim to me. But that is obviously rather costly and not achievable. 

I was hoping I could have kept my number since im registered and signed up to things with it and it would save the headache of a new number and changing my 2 step verifications and personal details across everything. But I dont even think id be able to keep my current number.