What happens to a mobile phone contract when you die?

mickflynn39

My father-in-law is terminally ill and may only have weeks to live. He wants to take out a 2 year contract with T mobile which includes a new phone. What happens if he dies one month into the contract? I would imagine the contract will be cancelled but what about the 'new' phone. What happens to that? I can't imagine that they will just let us keep it. No-one wants to take the contract on when he is dead.

nearlyrich

I can't believe that the last wish of a dying man is to scam a phone from a company?

billyboo131

nearlyrich wrote: »

I can't believe that the last wish of a dying man is to scam a phone from a company?

Totally agree! Why would someone in that estate want to take a phone out in the first place.

I use to work for TSC which was outsourced to T-Mobile, and the rules with dead people were the money was taken from the estate for the whole amount of the contract plus a can charge.

If there is no money, they would normally try and chase the next of kin.

Herongull

billyboo131 wrote: »

Totally agree! Why would someone in that estate want to take a phone out in the first place.

I use to work for TSC which was outsourced to T-Mobile, and the rules with dead people were the money was taken from the estate for the whole amount of the contract plus a can charge.

If there is no money, they would normally try and chase the next of kin.

What complete nonsense! If TSC really were trying to do this they would be acting completely unlawfully.

Contracts always end with the death of one of the parties. When a person dies, his phone contract will naturally end. Nothing more to pay. No debt (other than if he had missed payments when he was alive). Finished. Nothing is owed by the estate (unless he missed payments when he was alive).

In relation to real debts eg if he owed money on say a bank loan, then the estate is liable, but never the next of kin. People are never liable for others debts (unless they agree to act as guarantor).

d123

billyboo131 wrote: »

Totally agree! Why would someone in that estate want to take a phone out in the first place.

I use to work for TSC which was outsourced to T-Mobile, and the rules with dead people were the money was taken from the estate for the whole amount of the contract plus a can charge.

If there is no money, they would normally try and chase the next of kin.

As Herongull says, absolute nonsense. I worked directly for T-Mobile, the policy was to request the person notifying of the death to forward a copy of the death certificate in, the contract and line were then cancelled once this was done.

It would also be completely unlawful to chase next of kin, no legitimate firm would even contemplate this.

Why post rubbish when someone is asking for advice?

mickflynn39

He's not trying to scam a phone. He genuinely believes he will live for years (he won't). I am trying to build the case for him not taking on a new contract. So far there doesn't seem to be any reason why he can't. It's just plain wrong that he gets a new phone and hasn't 'paid' for it. Surely the phone companies aren't stupid enough to let his family keep the phone at no charge? If I were running a phone company I would have a clause stating that there would be a charge due on the phone unless it was returned.

spacey2012

There is nothing to stop any debt company asking relatives to pay dead peoples bills.
In fact you would be surprised how many actually do pay.
They would just be no legal re-course for them to enforce the debt.
Lots of firms and companies try it on, they would not be where they are if they didn't.

d123

You can't have such a clause, the debt dies with the debtor unless it is covered by adequate funds being realised from the estate.

Anything else would mean that companies would be able to chase next of kin or other family for a debt, something that is quite rightfully unlawful. Would you want to be liable for the debts of other family members?

daffodil

Oh my goodness - the poor man is dying, who cares......

Where's my medication

spacey2012

d123 wrote: »

Anything else would mean that companies would be able to chase next of kin or other family for a debt, something that is quite rightfully unlawful. Would you want to be liable for the debts of other family members?

Liable and asking are two different things, most debt collectors dont have an actual liability other than a brass neck.
They can ask you to pay anyone's bills, as many times and as often as they like until you take out harassment proceedings.
Make no mistake, relatives and next of Kin are "chased" daily for the debts of the dead.
All the law prevents is obtaining a CCJ and enforcement action.
If debt collectors were not allowed to invoice people for monies they had no liability to they would be no debt collectors.
They can Ask, they can pester, they can make veiled threats and they do.

Only been wise and tricky in this world can help you.

Quentin

d123 wrote: »

.... the debt dies with the debtor ............

No. Debts don't die when you die.

But contracts do, which is more relevant to this thread.