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Should non-payment of a mobile phone bill be a criminal offence?

It used to be known as abstraction of electricity on a landline telephone network but it might be better referred to as abstraction of EM waves or photons, depending on how you view the wave particle duality, on a mobile network.


A friend racked up a mobile phone bill of nearly £2000 as a result of exceeding his data allowance whilst abroad back in 2017. He changed his network provider then cancelled the direct debit resulting in this bill going unpaid to today. It's not actually illegal to do this as all the old network provider can do is demand the payment, as a civil matter, and ruin his credit rating. He claims that unlike an unpaid gas or electricity bill, an unpaid phone bill has not consumed any of the earth's precious natural resources apart from a bit of electricity that cost only a tiny fraction of the value of the bill.


A local bobby disagrees and says that theft is theft regardless of whether it's a tangible object or a non-tangible service, so the criminal should be brought to justice and jailed.


Does the IET have a position regarding the legal status of unpaid phone bills and whether or not refusal to pay should be a criminal offence?
Parents

  • Arran Cameron:

    A local bobby ... says that theft is theft regardless of whether it's a tangible object or a non-tangible service,




    I have looked up the act (Theft Act 1968 inc. amendments) for the definition of theft to decide whether this is correct or not, and I am none the wiser.....

    On the whole I would agree with Andy that if you have entered into a contract and payment has been requested in accordance with that contract then it is breach of contract and defrauding the provider if payment is not forthcoming. I suspect that the provider could be legally entitled gain a court order for payment and to make use bailiffs and sequestration of property if payment is not forthcoming, though such heavy handed action would be bad publicity.

    Regarding the fact that BT provide a text to warn of charges outside the contract is good to know but I suspect that this is a service they provide that is not actually specified in the contract. A small cost to them which gives them a big benefit in customer relations (and goodness know they may need it from some other stories I have heard from other areas of their business....) so the fact that other companies do not provide anything similar is not a breach of contract as far as I am aware.

    Alasdair

Reply

  • Arran Cameron:

    A local bobby ... says that theft is theft regardless of whether it's a tangible object or a non-tangible service,




    I have looked up the act (Theft Act 1968 inc. amendments) for the definition of theft to decide whether this is correct or not, and I am none the wiser.....

    On the whole I would agree with Andy that if you have entered into a contract and payment has been requested in accordance with that contract then it is breach of contract and defrauding the provider if payment is not forthcoming. I suspect that the provider could be legally entitled gain a court order for payment and to make use bailiffs and sequestration of property if payment is not forthcoming, though such heavy handed action would be bad publicity.

    Regarding the fact that BT provide a text to warn of charges outside the contract is good to know but I suspect that this is a service they provide that is not actually specified in the contract. A small cost to them which gives them a big benefit in customer relations (and goodness know they may need it from some other stories I have heard from other areas of their business....) so the fact that other companies do not provide anything similar is not a breach of contract as far as I am aware.

    Alasdair

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