Being forced to pay for a gift

[simpson2004]

Hiya this is a difficult situation long story short my partners great nans took out a phone contract for my partner as a Christmas present the contract all in her great nans name address etc and obviously the phone is with my partner however my partners great nans daughter has unfortunately forced power of attorney over her and now has cancelled all the o2 direct debits and is trying to force my partner to pay the bill despite my partner never asking for the contract as it was a gift where does my partner stand with this since she is not the actual person who started the contract

[Bambino · Accepted solution]

@simpson2004 This is a customer community. The advice you receive here is limited and not legally binding. 

From my understanding, the responsibility for a contract is with the person named on it. If the bill isn't paid, O2 will ask for payment from whoever is named on that contract or whoever has power of attorney and no one else. O2 will disconnect service if the bill isn't paid. I don't think your partner is obliged to pay. They'll just not have a working phone.

If you're still concerned or unsure, contact a solicitor or your local Citizen's Advice.

[japitts]

Payment of contractual obligations - i.e. regular monthly bills under a minimum-term agreement - is the responsibility of the account holder and no-one else.

[Oxonian]

@simpson2004 

What you do not want here is a family feud over something as trivial as a 'phone. The individual with Lasting Power of Attorney is legally obliged to act in the person's best interests, but also taking into consideration their wishes. The problem is that if both parties involve solicitors, you will quickly incur legal fees that will amount to more than the value of the 'phone contract.

If you possibly can, I would be inclined to meet with the nan and the person who has LPA. Hopefully a conclusion or a compromise might be possible if you both understand the other's point of view. 👍

It is also unlikely that O2 will be sympathetic. If something is not worked out quickly and they are owed money, they will "zap" the 'phone, report the default to credit reference agencies and sell the debt to a Debt Collection Agency. This has the potential to get very messy !