My Mother Took Out A Mobile Phone Contract In Her Name For Me As I Have Poor Credit Rating. She Recently Passed Away So I Asked If The Phone Could Be Transferred To My Name Being As The Direct Debit Has Been From My Bank For The Last 8 Months.

[Montymoo]

I was told i couldnt have the phone in my name, however as i knew the password ccount i could leave the account in her name and just continue with a new direct debit in my name (the old one was cancelled when i notified them that she had died). Im now worried that this is fraud and am not sure what to do. I dnt want to be without a phone but i dont want to break the law either. It seems ridiculous that a dead person can have a contract but i cant!!!

[boxtops]

If the phone company knows about it, and is happy with it, why would it be fraud?

[Montymoo]

well surely if i ran up a bill and didnt pay it they cant chase her for it? (not that im planning this) but it doesn't make sense that they would allow this. All letters come to my address in my mothers name with (deceased) after it. I keep thinking someone will see it and just cut it off again or say the sales person was wrong and i shouldnt be allowed to do this.

[Canary42]

I think you should get in touch with them again and point out you are paying for the contract so why can't it be in your name ?

Since you have advised them of her demise there is no way you could be accused of fraud - they have chosen to continue the dead account, and they have chosen to accept your payments for it (which sounds ridiculous to me, including for the reason you give re non-payment).

I would also be tempted to tell them you have got a better offer from another company and unless they transfer the phone to you, you will cancel it.

[March-Hare]

Is our credit rating any better now? Could you get a contract in your own name?

[Montymoo]

i did tell them id been paying it from the beginning but they said i still cant change it over to my name as credit check came back as no. Think you probably right though they know i have notified them so hopefully will be ok. Thanks for the advice

[Montymoo]

no it's no better they turned me down recently,

[Old_Geezer]

Worst comes to worse you can always go PAYG. I always have done.

[LazyGun]

PAYG seems the most logical solution. Stops all this worrying dead in its tracks, and unless you are a super high user of minutes and texts or someone who wants the latest smartphone every 24 months or so, it could be argued that contracts are worse than PAYG in terms of value for money....

[factor-fiction]

I'm a bit confused by this, Montymoo.
Have the direct debits always been from your account?

You say at one point "i did tell them id been paying it from the beginning".

You also say you've been paying it for 8 months which means from before she died as she died only recently.

Yet you also say the old DD was cancelled when your mum died and you were told to set up a new DD in your name after she died.

Please can you clarify when you started paying. Thanks

[factor-fiction]

If she switched to PAYG, though, LazyGun I'm wondering whether the Mobile company may demand that the estate pays the balance of the contractual amount, just as if someone cancels a contract mid-term. I think they may not push for the payment though if you refuse

[LazyGun]

I suppose that might be the case, fiction. Were I in that position, I would be tempted to tell the phone provider that the contractee has passed away. In those circumstances, would the phone provider chase up the balance of any contract?

I have no idea, myself :)

[factor-fiction]

They may ask for the handset back though

[Montymoo]

They cancelled the direct debit and cut the phone off the day before her funeral so i phoned them and explained i needed the phone and would like it changing to my name. They reconnected the phone and set up a new direct debit. I then got the latest bill and phoned to pay it as the direct debit was almost a month away. Thry took the payment and passed me to another dept to change to my name. They told me i couldnt change to my name so should keep in mums name with dd in my bank as before!!!

[Montymoo]

The payments have always been from my bank since the contract started 8 months sgo

[factor-fiction]

Perhaps they should have checked you were entitled under probate to have the phone, but if they are happy with the arrangements I'm not sure why you feel you may be breaking the law. Try to get something in writing for peace of mind. Or just cancel, return the handset if requested to do so, and do PAYG for complete peace of mind

[Canary42]

They sound a very stupid Company - can you name and shame them here ?

[Montymoo]

By old dd i mean the original one from the beginning prior to mums death. Sorry for confusion. i had the contract phone as i do use it alot to keep in touch with my children who only use mobiles and never have credit so they txt me to call them which is expensive on the house phone. The daft thing is i could get a credit card for £1000 if i wanted or a loan if i needed but not a mobile contract which i have proved i can pay without missing a payment.

[Montymoo]

Its Three.