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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

  • Andy Millar:


    On the other hand, in a previous employment I remember our company solicitor coming in to give the senior management team a briefing on what constituted theft from a company, and saying we should aim to start criminal proceedings against any member of staff who took a pen home from the office. When we said "don't be daft" (and probably "life's too short") he affected to look scared and to said "I'm going to check whether my car still has it's wheels on since you encourage your employees to steal". Hmmm...I'd say these things aren't as black and white as some lawyers (employed and bar-room!) would like them to be. Which is why good lawyers can charge as much as they do. If any Ricardo lawyers are reading this I will admit that I do use work pens for home purposes, I also use home pens for work purposes...

    The NHS has its own fraud squad staffed by many former police officers - allegedly asked to resign from the police due to a vindictive attitude or a chip on their shoulder - that cracks down even on minor trivial instances of stolen stationery or fiddled expenses claims in order to justify their existence and put the frighteners on staff. 


    Not so long ago they gave a presentation at a local hospital about staff evading car parking charges committing a criminal offence - as opposed to it being a civil offence or a disciplinary matter. Investigations revealed that it is a criminal offence of fraud (overpayment of salary) because the car parking costs are deducted from staff salaries. If however they were paid by direct debit from a bank account then it will only be a civil offence of non-payment of a service charge.
Reply

  • Andy Millar:


    On the other hand, in a previous employment I remember our company solicitor coming in to give the senior management team a briefing on what constituted theft from a company, and saying we should aim to start criminal proceedings against any member of staff who took a pen home from the office. When we said "don't be daft" (and probably "life's too short") he affected to look scared and to said "I'm going to check whether my car still has it's wheels on since you encourage your employees to steal". Hmmm...I'd say these things aren't as black and white as some lawyers (employed and bar-room!) would like them to be. Which is why good lawyers can charge as much as they do. If any Ricardo lawyers are reading this I will admit that I do use work pens for home purposes, I also use home pens for work purposes...

    The NHS has its own fraud squad staffed by many former police officers - allegedly asked to resign from the police due to a vindictive attitude or a chip on their shoulder - that cracks down even on minor trivial instances of stolen stationery or fiddled expenses claims in order to justify their existence and put the frighteners on staff. 


    Not so long ago they gave a presentation at a local hospital about staff evading car parking charges committing a criminal offence - as opposed to it being a civil offence or a disciplinary matter. Investigations revealed that it is a criminal offence of fraud (overpayment of salary) because the car parking costs are deducted from staff salaries. If however they were paid by direct debit from a bank account then it will only be a civil offence of non-payment of a service charge.
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