Cancelling an Eir Contract on Behalf of a Family Member

#1 · 09-10-2019 3:52pm #1

Ive been tasked by my other half with cancelling my Mother in laws Eir account on her behalf as she was recently taken ill and is now in an ICU(Intensive Care Unit) in Hospital and will not be returning home while her husband is in a nursing home and is not “with it” or conscious of the goings on. So I have my mother in laws account number, most recent bill, mobile phone , dob, access to her emails etc. After being waiting on the line twice and cut off both times after 10 minutes, I wait a 3rd time and get through. I explain to the operative that neither parent is living at home and are not conscious of what is going on, house is unoccupied etc and I need to cancel the contract. The guy said that’s fine, no problem “ just get them to write a letter with the account details and reason for cancelling”. I said that’s not possible they are not able to do that and will not be able to any time in future. So his next advice was to get the Doctor in the ICU ward of the hospital to write a letter stating what my mother in laws condition is. ( I had flipped in my head at this stage) I said that is ridiculous and not possible. He then said could the nursing home do it. I said how is that any more clear than me requesting the cancellation of the contract. I then said I can log in right now on the email address linked to the Eir account and do it and he said it cant be accepted due to GDPR and the fact that I said that my mother in law was in an unconscious state. He said as calls are recorded they have me recorded saying it would be me doing it.
After me waiting 30mins in total to speak to someone, we had spent 8mins on the phone. I had said how is GDPR maintained by a random nursing home sending you an email when you wont accept one from the linked email address to the account. He then said to me, we’ve been going around for some time now without getting anywhere and that he was terminating the call. Before I could get a word in, He then hung up.

Im furious and would love to know has anyone any advice on what to do next. We cant cancel the direct debit as we don’t have access to their bank account yet.

Worth noting that Eir used to charge approx. 60€ a month for phone and “broadband” and had them disconnected for close to 5 weeks after storm Ophelia and she still received her bill off them all while getting 0.8mbps ( bearly enough to send/receive a what app message)

whomitconcerns · 09-10-2019 3:56pm

Get your other half to call up saying that she is her mother. Simples

bizzo · 09-10-2019 3:59pm

No they said neither of us is named on the account so they wont authorise it.

Kablamo! · 09-10-2019 4:01pm

bizzo wrote: »

No they said neither of us is named on the account so they wont authorise it.

Get her to pretend to be her mother.

bizzo · 09-10-2019 4:05pm

I may have to, but the way the obnoxious guy spoke it was like he was making a note on the account that i said neither were in a fit state ie wont be calling or emailing. I dont want to trouble my wife with this while she has bigger worries. I just didnt think they would be so cold about it.

Mrs OBumble · 09-10-2019 4:31pm

bizzo wrote: »

No they said neither of us is named on the account so they wont authorise it.

Neither should they: you do not have the authority to cancel your parent's utilities at will. The sheer cheek of even thinking you could is ... astounding.

Go and see the lawyer who the in-laws used to draw up enduring power of attorney papers for such a situation.

Or if they didn't, see a lawyer who can help your family navigate the legalities.

lunamoon · 09-10-2019 4:34pm

Mrs OBumble wrote: »

Neither should they: you do not have the authority to cancel your parent's utilities at will. The sheer cheek of even thinking you could is ... astounding.

Go and see the lawyer who the in-laws used to draw up enduring power of attorney papers for such a situation.

Or if they didn't, see a lawyer who can help your family navigate the legalities.

That's a bit harsh, no? If it's not cancelled they'll be charged for something they no longer have any use for.

OP; I'd chance getting your wife to do it. The only reason they record their calls is to cover themselves and the only way this will ever be an issue is if your MIL makes a complaint.

bizzo · 09-10-2019 4:39pm

Mrs OBumble wrote: »

Neither should they: you do not have the authority to cancel your parent's utilities at will. The sheer cheek of even thinking you could is ... astounding.

Go and see the lawyer who the in-laws used to draw up enduring power of attorney papers for such a situation.

Or if they didn't, see a lawyer who can help your family navigate the legalities.

Its astounding.. really? But being told by an Eir representative to get a lady in the ICU to write a letter isnt? Or get a nursing home to write a letter is any better?

Best of luck to you if you are ever in a situation like this.

whomitconcerns · 09-10-2019 4:39pm

bizzo wrote: »

No they said neither of us is named on the account so they wont authorise it.

The idea is she rings up saying she is her mother. I do it for my father regularly with any TV or internet issues. Saves a lot of hassle.

My father is perfectly capable just easier if I do it as I can answer any technical questions

alibab · 09-10-2019 4:40pm

Ok so mum is incapacitated in ICU at present . The question is is there a chance that mum will make a recovery and be able to make decisions again .

EIR are completely right in there stance . At present as no one has said otherwise or will write a letter to state otherwise Your mother in law still as capacity. Just because someone is in ICU does not mean they may get better and then be able to ring themselves.

If it is the case that there is no chance of a recovery then I don’t see the issue with icu doctors doing a letter to this effect .

Capacity is laws are clear and it’s to protect people for making a decision on others behalf while temporarily incapacitated. Is there a rush on this why not concentrate on the present etc and if no chance of home then look into what Bunmle said above which is the corrrect way to go legally and morally .

bizzo · 09-10-2019 4:40pm

lunamoon wrote: »

That's a bit harsh, no? If it's not cancelled they'll be charged for something they no longer have any use for.

OP; I'd chance getting your wife to do it. The only reason they record their calls is to cover themselves and the only way this will ever be an issue is if your MIL makes a complaint.

Yes i think that is what we will need to do. Thanks very much.

bizzo · 09-10-2019 4:43pm

whomitconcerns wrote: »

The idea is she rings up saying she is her mother. I do it for my father regularly with any TV or internet issues. Saves a lot of hassle.

My father is perfectly capable just easier if I do it as I can answer any technical questions

I used do that for her when she did have issue with them and it all went well. Will look into it again in the near future. Thanks.

Mrs OBumble · 09-10-2019 4:46pm

bizzo wrote: »

Best of luck to you if you are ever in a situation like this.

I have been in pretty close to this situation - just substitute high dependency unit for ICU.

Without an EPA, I had no authority to do anything. Because we had one in place I was able to take the necessary steps.

You simply cannot make contract changes on behalf of a family member without appropriate authority.

And impersonating people is not morally or legally right, no matter how easy it seems.

s0677674 · 09-10-2019 4:46pm

Contact Comreg for advice. I have found them very helpful.

bizzo · 09-10-2019 4:47pm

alibab wrote: »

Ok so mum is incapacitated in ICU at present . The question is is there a chance that mum will make a recovery and be able to make decisions again .

EIR are completely right in there stance . At present as no one has said otherwise or will write a letter to state otherwise Your mother in law still as capacity. Just because someone is in ICU does not mean they may get better and then be able to ring themselves.

If it is the case that there is no chance of a recovery then I don’t see the issue with icu doctors doing a letter to this effect .

Capacity is laws are clear and it’s to protect people for making a decision on others behalf while temporarily incapacitated. Is there a rush on this why not concentrate on the present etc and if no chance of home then look into what Bunmle said above which is the corrrect way to go legally and morally .

I made it clear to the employee that returning home was not an outcome that was possible . It was not that i left him uncertain as to them being needed again down the line. The rush is related to the fact that money is going to be withdrawn regularly for a service that is not needed while other bills are just beginning. Ill take your advice on board though . Thanks.

antix80 · 09-10-2019 4:55pm

Op - you're being unreasonable. You have no business attempting to make changes to her account. If your MIL is not able to sign an authorisation to give you authorisation to make changes to her account, you'll just have to wait until she is.

katie275 · 09-10-2019 5:00pm

OP I'd pretend to be one of them and just ring up and cancel it yourself.
I needed to cancel my account recently, I was unable to call them myself during their opening hours, so my partner (male) phoned up and pretended to be me (female). I'm sure they knew well it wasn't me but the reality is they couldn't challenge it. There is a very slim chance of them pulling the previous call.
It's only an Eir account! It can be set up again if your mother in law's condition resolves and she wants it back

bizzo · 09-10-2019 5:12pm

Mrs OBumble wrote: »

I have been in pretty close to this situation - just substitute high dependency unit for ICU.

Without an EPA, I had no authority to do anything. Because we had one in place I was able to take the necessary steps.

You simply cannot make contract changes on behalf of a family member without appropriate authority.

And impersonating people is not morally or legally right, no matter how easy it seems.

No EPA in place as things stand. We have just about identified who their lawyers are. Will get it sorted in due course. Thanks.

SusieBlue · 09-10-2019 5:15pm

You might run into issues needing to amend/cancel contracts with other service providers in the near future if your MiL's condition doesn't improve.
Even if you manage to dupe Eir into believing your wife is your MiL, you are probably going to run into a similar issue down the line with another company.

For that reason I would start power of attorney proceedings with a solicitor to ensure that future dealings will go more smoothly and your in-laws won't be charged for services they aren't availing of while you're trying to liase with the various companies.

Bikerman2019 · 09-10-2019 5:16pm

I put myself into an oap account as authorised contact. I knew her date of birth and they just wanted to confirm with her. Get your wife to play her when you call.

Will work easily.

bizzo · 09-10-2019 5:21pm

antix80 wrote: »

Op - you're being unreasonable. You have no business attempting to make changes to her account. If your MIL is not able to sign an authorisation to give you authorisation to make changes to her account, you'll just have to wait until she is.

if my wife has asked me to go through the process as her mother will not be returning to the house then yes i do have business doing it. If it could be argued that I was trying to gain somehow from the situation i would understand the cold response from them but im not. Its cancelling an account that i have told them will 100% not be in use again.

SusieBlue · 09-10-2019 5:25pm

bizzo wrote: »

if my wife has asked me to go through the process as her mother will not be returning to the house then yes i do have business doing it. If it could be argued that I was trying to gain somehow from the situation i would understand the cold response from them but im not. Its cancelling an account that i have told them will 100% not be in use again.

I totally understand but from their perspective for all they know you could be an angry ex son-in-law with an axe to grind, trying to cause inconvenience and disruption to his ex in-laws by cancelling their contract.
I know that isn't the case, but all they have is your word. And as the contract and account aren't in your name, they can't take any chances.

If your in-laws hadn't authorised this and Eir went ahead, they'd be in big legal trouble for cancelling the contract without the knowledge or consent of the contract holders. They have to protect themselves.

They have procedures for these things for a good reason. I would strongly advise you to apply for power of attorney.

bizzo · 09-10-2019 5:27pm

SusieBlue wrote: »

You might run into issues needing to amend/cancel contracts with other service providers in the near future if your MiL's condition doesn't improve.
Even if you manage to dupe Eir into believing your wife is your MiL, you are probably going to run into a similar issue down the line with another company.

For that reason I would start power of attorney proceedings with a solicitor to ensure that future dealings will go more smoothly and your in-laws won't be charged for services they aren't availing of while you're trying to liase with the various companies.

Thanks for the advice its much appreciated. My wife and her sister are going about it at present. Funnily enough the home insurance and alarm company didnt have an issue with helping us out with other matters as it involved us paying them to amend policies etc

antix80 · 09-10-2019 5:29pm

bizzo wrote: »

if my wife has asked me to go through the process as her mother will not be returning to the house then yes i do have business doing it. If it could be argued that I was trying to gain somehow from the situation i would understand the cold response from them but im not. Its cancelling an account that i have told them will 100% not be in use again.

No one's saying you're trying to gain from it. Just that it's not your account, it's not your wife's account.. and you aren't allowed to make changes to it. Sorry for the cold response. That's the law and you posted to "legal discussion".

If you have access to her bank account (unlikely but hear me out) you could cancel the direct debit forcing the service to be cancelled.

bizzo · 09-10-2019 5:31pm

katie275 wrote: »

OP I'd pretend to be one of them and just ring up and cancel it yourself.
I needed to cancel my account recently, I was unable to call them myself during their opening hours, so my partner (male) phoned up and pretended to be me (female). I'm sure they knew well it wasn't me but the reality is they couldn't challenge it. There is a very slim chance of them pulling the previous call.
It's only an Eir account! It can be set up again if your mother in law's condition resolves and she wants it back

Thanks very much. Will do it down the line id say.

antix80 · 09-10-2019 5:34pm

SusieBlue wrote: »

I would strongly advise you to apply for power of attorney.

Correct me if I'm wrong but if MIL is incapacitated it's too late for her to grant power of attorney. She could be made Ward of Court, see https://www.citizensinformation.ie/en/health/legal_matters_and_health/wards_of_court.html

bizzo · 09-10-2019 5:36pm

antix80 wrote: »

No one's saying you're trying to gain from it. Just that it's not your account, it's not your wife's account.. and you aren't allowed to make changes to it. Sorry for the cold response. That's the law and you posted to "legal discussion".

If you have access to her bank account (unlikely but hear me out) you could cancel the direct debit forcing the service to be cancelled.

Absolutely! Its funny though, the two services i contacted(home insurance and house alarm) to hand over money to had no problem speaking with myself and my wife. The service that we want to cancel will not. Ironic!!

We dont have the option of cancelling the direct debit at this time but they are in the process of getting the legal side sorted. Will get it sorted then. I really only started the post to see if anyone had been down this road as ive since noticed that Eir are not known for customer support! Cheers

bizzo · 09-10-2019 5:38pm

antix80 wrote: »

Correct me if I'm wrong but if MIL is incapacitated it's too late for her to grant power of attorney. She could be made Ward of Court, see https://www.citizensinformation.ie/en/health/legal_matters_and_health/wards_of_court.html

Thank you for that link.

tphase · 09-10-2019 6:28pm

bizzo wrote: »

I may have to, but the way the obnoxious guy spoke it was like he was making a note on the account that i said neither were in a fit state ie wont be calling or emailing. I dont want to trouble my wife with this while she has bigger worries. I just didnt think they would be so cold about it.

get your wife (or indeed any woman) to do it. With an luck it will be cancelled without any questions asked. If they have made a note on the account and they do ask, get her to tell them she's in remission and sorting out her affairs while she can.
Legally it may not be not kosher as others have pointed but morally there's no problem in my opinion and I would do the same in a heartbeat.

whippet · 09-10-2019 9:23pm

I’ve had to cancel my dads account .. he died months ago .. despite doing as requested by sending in a copy of his death certificate and clearing the balance the bills kept coming .. so I sent a picture of his urn with his ashes and his name plate showing the date of death and told them to address all further correspondence to the grave yard where he is interred ... I haven’t seen another bill yet .. but it wouldn’t surprise me if the local parish office have some post for him

Marcusm · 09-10-2019 10:54pm

SusieBlue wrote: »

I totally understand but from their perspective for all they know you could be an angry ex son-in-law with an axe to grind, trying to cause inconvenience and disruption to his ex in-laws by cancelling their contract.
I know that isn't the case, but all they have is your word. And as the contract and account aren't in your name, they can't take any chances.

If your in-laws hadn't authorised this and Eir went ahead, they'd be in big legal trouble for cancelling the contract without the knowledge or consent of the contract holders. They have to protect themselves.

They have procedures for these things for a good reason. I would strongly advise you to apply for power of attorney.

You cannot “apply” for a power of attorney; it needs to be granted by the individual and is only possible where they have full capacity which sounds like an impossibility at the current time. If the mother in law does not regain her faculties then an application to make her a ward of court (costly) might be possible.

Cancelling an Eir Contract on Behalf of a Family Member

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