mobile phone contract -deceased person

londonTiger

Hi

My brother passed away a few weeks ago, he has a rolling contract on EE, we want to put a stop to his account and move it onto a payg phone. We want to keep his number live so if anyone tries to contact him we can let them know what the situation is.

Just want to know if EE will allow me (as next of kin) to take ownership of his number or will EE just say "ok this number belongs to person x, not you so you have no right to take over his number" and just cancel it.

debitcardmayhem

First of all sorry for you loss, but unless you are the executor of the estate then you may have problems, unless you can provide them with proof of acting as an executor of said estate. I am just guessing of course but this forum board is not the best place to ask, there may be better areas on MSE to ask. Not much I know but sorry anyway.

Not read this but http://www.moneysavingexpert.com/family/what-to-do-when-someone-dies

ballyblack

try MOBILE forum

http://forums.moneysavingexpert.com/forumdisplay.php?f=14

JJ_Egan

In a similar situation i did not close/inform the bank nor stop any payments for a month or so .

macman

The contract became void upon his death. One way you will be able to do this is if you have access to the account, then phoning up, passing security and requesting a PAC. Then use that to port to PAYG.
Since you have presumably informed the bank, the DD will not go out and his account will be in debt from the next payment due date unless you inform the provider.
There will be a procedure for executors in such cases, but if he was no longer in minimum term, then porting it out will be the simplest way to do what you want.

JasX

macman wrote: »

The contract became void upon his death.

I'm not claiming to be informed but is that really the case?

I'd have thought there is a good chance it becomes a debt to be rolled into the estate -take for example the case of a person who gets a free shiny iphone one day, opens it and uses it for two weeks before dropping dead. There likely remains a debt to the provider covering the cost of the handset?

ChiefGrasscutter

It all depends on how you view the legal term "contract frustration" and its applicablility to such as case.

I'm not an expert by a very long way!

Such arguments usually rears it hear where a telecoms/ISP firm tries to charge a contract termination fee to a deceased's account when the executor wants to close the account - as a totally separate item from any monies debts due for calls made etc.
The argument goes that as the person has died the contract has been frustrated as the person no matter how much you may like it is simply not available anymore to make or accept changes to the contract or indeed terminate it so the contract cannot exist anymore and is null and void.

Fightsback

Under OFCOM rules EE has the right to refuse giving a PAC code so it's down to EE's discretion as to whether they will or not.

http://ask.ofcom.org.uk/help/telephone/refuse_PAC

Contacting customer services in writing would be your first step and hopefully they will be sympathetic towards you but do understand possible reluctance on their part over security and due diligence concerns as fraudsters commonly target deceased persons accounts.

macman

Any debt due at the time of death does indeed become a liability on the estate. But since the contract is void beyond the date of death, the supplier could not for example claim for any payments beyond that date. Evidence from the executors in the form of a death certificate will produce a final bill backdated accordingly. Nor would any minimum term remaining on the contract still apply.
Telcom providers need to get a workable procedure in place for this, as a large proportion of those dying will now have mobile phone contracts, email accounts, etc.

londonTiger

I think it's a bit morbid to claim to be the deceased person and act as them and request the PAC code to leave. But it seems like that will be the only realistic choice.

My brother lived from dat to day and has no assets apart from his car which we can sell through our family car sales business without hassle.

So did not consider a power of attorney (isn't there a lot of legal costs involved with this).

Since his estate is literally just his bank accounts with <£1000 we did not see any point in getting POA and just trasferring his modest assets to his widow and handing over the value from the sale of car to his widow.

Big_Graeme

Speak to EE first. They have a procedure you need to go through and someone will talk you through it.