How do you take a dead person to court?
By CanadaGal
@CanadaGal (4304)
Canada
June 11, 2008 1:44pm CST
Have you ever heard of someone, or some company, taking a deceased person to court?
I was having a great day, until I got a phone call from my former ISP. I canceled the account there over 6 months ago... it had been in my (now deceased) father's name, and their service was crappy anyways. I sent them a copy of the death certificate, I sent them back their equipment (modem and various plugs, etc), and to be sure they wouldn't try and pull a fast one, I paid for a stop payment on my bank account, after already paying for an extra month for services I wasn't receiving because THEIR computers were down and hadn't recorded my cancellation information the first time.
These people are driving me CRAZY! They still expect me to pay for services I never got. I ask to speak to a manager, and I'm denied. He tells me that his manager will tell me the same things he is. I ask them to tell me what the procedure is for someone who doesn't pay the bill, and if it's court, to bring it on... that I will bring my father's ashes with me for the judge to see (as it seems the death certificate is not good enough for their company). I am told that I am responsible to pay my dead father's debt (which is b.s. btw). Then I tell them that I am going through a bankruptcy, and that I will give them my trustees phone number and they can deal with them... but no.. they refuse to take the number. What a bunch of phoquetards!!! 
And it did NOT help matters any when I couldn't understand half of what he was telling me because of a "language barrier" (that's the NICE way of saying that his overseas accent was so thick that it was hard for me to tell he was even speaking english).
It took me a good few hours to calm down to even come here to vent it out. And yet I still wonder... will they take me to court? I would LOVE them to do that. Heck.. I'd call the media and have a heyday with it too. My father was pretty photogenic... I bet his ashes are too.
And it did NOT help matters any when I couldn't understand half of what he was telling me because of a "language barrier" (that's the NICE way of saying that his overseas accent was so thick that it was hard for me to tell he was even speaking english).
It took me a good few hours to calm down to even come here to vent it out. And yet I still wonder... will they take me to court? I would LOVE them to do that. Heck.. I'd call the media and have a heyday with it too. My father was pretty photogenic... I bet his ashes are too.10 people like this
13 responses
@CanadaGal (4304)
• Canada
11 Jun 08
I could, but I don't think I should. I don't want the drama and trouble of it all. For what purpose, you know? I believe in karma, and what goes around comes around. They'll get theirs in the end. It's all good. :)
1 person likes this
@scorpiobabes (7225)
• United States
11 Jun 08
How rude! I can't believe that they're so stupid that they can't get it through their skulls that your dad has passed! We had a problem when my mom was ill and sedated in the hospital....all my dad wanted to do was PAY her car payment! They refused to take the money...how weird is that? And to make matters worse, when I related the story a few weeks ago (this happened 6 1/2 years ago) to someone, they said, "Oh, well all you needed was a notary there and she could have signed an X". SHE'S SEDATED!!! I'm supposed to wake her up just to have her sign an X? Some people are so stupid! 
Just like when I'm referred to as Mrs. Wallace and I tell them, No, Mrs. Wallace is deceased, I'm Ms. Wallace and THEY STILL REFER TO ME AS MRS.! I'm the most happily divorced woman in NJ! 
I can't believe that they're so stupid that they can't get it through their skulls that your dad has passed! We had a problem when my mom was ill and sedated in the hospital....all my dad wanted to do was PAY her car payment! They refused to take the money...how weird is that? And to make matters worse, when I related the story a few weeks ago (this happened 6 1/2 years ago) to someone, they said, "Oh, well all you needed was a notary there and she could have signed an X". SHE'S SEDATED!!! I'm supposed to wake her up just to have her sign an X? Some people are so stupid! Just like when I'm referred to as Mrs. Wallace and I tell them, No, Mrs. Wallace is deceased, I'm Ms. Wallace and THEY STILL REFER TO ME AS MRS.! I'm the most happily divorced woman in NJ! 
@scorpiobabes (7225)
• United States
12 Jun 08
You poor thing--I hope you get it straightened out soon, without having to display your dad--that'd be oh so tacky (but a brilliant move with media watching!) As for the satellite service, there's a small credit left on the account that would be applied to a future bill if he took up the service again would stand to make someone a fortune!
Some people think we make this stuff up!
Some people think we make this stuff up! 1 person likes this
@scorpiobabes (7225)
• United States
12 Jun 08
That's what you think...Dad's watching from the urn! 
Just like Moorestown, NJ still thinks that my dad AND mom are going to pay the taxes!
Just like Moorestown, NJ still thinks that my dad AND mom are going to pay the taxes! 1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
You CAN'T make this stuff up... it's near impossible.
A few years ago when I was dealing with StarChoice, I guess I could have insisted on getting that money from them... but really, I just wanted to make sure no more bills would be coming in for a service that was obviously not being used anymore.
1 person likes this
@drknlvly6781 (6246)
• United States
19 Jun 08
The next time they called and started threatening on taking me to court, I would ask them when are they going to file. They are totally in the wrong, and don't deserve a dime. If they are stupid enough to take you to court, it will be them who will be out of the money for filing fees and whatnot.
I had a similar situation with a payday loan I got. The loan was for $200, but since I missed their payment date, they wanted to charge me $900. I refused to pay. I understand there are exorbitant fees when dealing with a payday loan company, but I also know that its against the law to charge that much. Its called usury (sp?). Anyway, a person from their company, with the same language barrier as your person probably, contacted me one day about it. I told them that I wouldn't pay a dime over what I should have been charged for the loan. I told them I would pay them no more than $350 for the loan and the fees because I had taken so long to pay. They threatened me with court, I told them fine send me the papers. The person became a little antsy at that point, I guess he didn't expect me to welcome court proceedings. He then said that he would discount me some of the fees, only charging me $450 for the loan. I told him there is no way that they can charge me over 100% for the loan and I would pay no more than $350 for it. After going back and forth with this for a while, he hung up. I haven't heard from that company since.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
11 Jun 08
In your shoes, I'd get in touch with my local Consumer Advocate and take the story public. I'll bet there a lot of people being harrassed by this ISP provider if that is the attitude they have. Make a phone call and explain the situation and then give them the number of the jerk you were talking to and his name. See what he makes of THEIR phone call! But whatever way you go - go public for sure. It won't cost you anything and should put a stop to things. If you are in the Toronto area, call Goldhawk (he has a webpage I believe) or the Toronto Sun. Either one will help you.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
Nah... I don't want to go public with it. I have more productive things to do with my time. I get my contentment at letting friends and family know to NOT use Primus for any of their services, because their customer service is severely lacking.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
If they're dumb enough to contact me again, then I'll talk over the details with you on skype or via email. But I'm truly hoping they're just going to go away from me for good now.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
12 Jun 08
Ah, Ha! Primus! I didn't know that's who you meant. I remember years ago when they were first starting up in Canada, I was at the airport, flying off somewhere and they had a booth set up and were giving out flyers and blah, blah, blahing all over the place. I was stressed and not really paying attention and I thought they were asking me to sign a list so they could send me promotional material and the next thing you know weeks later I'm being told I signed a contract for services and hassle, hassle, hassle. I just had my lawyer send them a letter of intent to sue and I never heard from them again. It must have been some letter he sent or else they have found more tenacious people to harrass the public with! But I've been thinking, if these people are harrassing you in your situation, you can just imagine how badly they are treating others right? Why not just send Goldhawk an email about it? I'll bet Primus is already on someone's sh*t list of consumer affairs. If you would rather - email me the details and I'll do it for you if you want.
1 person likes this
@dawnald (85135)
• Shingle Springs, California
12 Jun 08
They can't take you to court.
They could possibly take your father's estate to court.
I doubt that they will though.
It's probably some idiot collection agency and they keep up because if they get paid anything they get a commission off of it!
Keep all the proof in case they try to bring it to court though.
Good luck!
1 person likes this
@tessah (6617)
• United States
11 Jun 08
tell them to shove it. unless your father has an estate to be billed and yer the executor, yer not responsible for a damned thing. the next time yer told that youre not allowed to speak to a manager.. tell them you will have their job, customer service people are required to allow you to speak to their supervisor upon the asking of it, and they can and DO get fired over saying otherwise and denying the right. dont take their calls anymore, slap a "return to sender.. addressee deceased" on the invoices they send you and put em back in the mailbox. i just went through this with over my father in law... tell them to drop ten yards and punt..;nods;..
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
I hadn't thought about returning the statements back to them. Good idea.
You know, even if I'd asked his name, I don't think I'd have understood it. It was really hard to understand what he was saying. Not only did he have that thick accent, but he must've had his mic too close to his mouth, b/c it also had a lot of static.
@CanadaGal (4304)
• Canada
13 Jun 08
Oh, I will definitely do the return to sender thing with the mail should I get any more invoices from this point on. As for calling them, I will wait and see if they call me first. I'm hoping they won't of course, but we'll see what happens.
@tessah (6617)
• United States
13 Jun 08
next time call back and without speaking to whomever answers.. request a supervisor. and do put the return to sender on anything sent to you, im still doing it and my father in law has been gone for a year this month. ..;sigh;.. i hope you get this sorted.. its bad enough to lose someone you love without having to deal with the bullsh|t on top of it.
1 person likes this
@ambkeb (782)
• United States
12 Jun 08
I just find it odd that he denied you talking to his manager. They arent allowed to do that. From what I have been told...if you ask to speak with someone higher then them they HAVE to let you. Even if you ask to just speak with someone else they are supposed to let you. Of course that takes away from them getting their pay from if you DID pay it. Since that is how they get paid.
My grandma is actually going through the same thing right now. My uncle was killed about 5 years ago and he had lived with them and had cable in his name. Well my grandma has been having problems with this other cable company so she called the ones my uncle had used. Since my uncle had had an account using the same address she can not get anything from them unless she pays HIS bill. She told him that he was deceased and even offered to pay his bill...but she wasnt going to pay for the interest of 5 years. And they wouldnt accept that. So now she is fighting with them. It has really upset her to...to bring all that back up.
Hopefully eventually they will bring all this back into the united states. I get really sick and tired of having a bill collector call me and I cant understand a word they are saying.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
That is awful what your grandmother is going through! What buggers!!! She shouldn't be responsible for his debt at all either. And I'm really surprised they wouldn't accept her payment offer... although she shouldn't have to offer it in the first place.
Yeah, I'm not impressed with the "language barriers" I experience over the phone as well. So far, it's only been when dealing with Primus, but I know there are tons of other companies using Indian call centres as well.
@Ravenladyj (22904)
• United States
12 Jun 08
LOL sounds to me like you have a collection agency on your hands...which means they will hound you, threaten you, belittle you, stress you etc etc....They are basically free to pull any stunt they should so desire which is NUTS..If I were you I'd stand my ground, WRITE EVERYTHING DOWN KEEP RECORD...for example of dates times, what was said, hwat you offered as a solution etc etc...chances of them taking you to court is pretty slim but JUST IN CASE having that record to back you up is a good idea..
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
That's the thing... it's NOT a collection agency... it's the actual company still. The dude on the phone yesterday said that this account could go to a collection agency. I'd rather they just do that and get it over with... maybe the collection agency would be more aware of the rules and regulations and laws regarding this kind of situation. lol.
@Myrrdin (3599)
• Canada
11 Jun 08
They won't and cannot take you to court. Like another poster said send them some of your dad's ashes ;) I know you'd do it too ;).
Next time they call inform them that the conversation is being taped for quality service and your own protection and see how the tune changes. You can buy a device for recording conversations real cheap or just the threat should be enough.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
I don't want to make any threats I have no intention of following through with, and I'm not about to buy a recording device for this situation alone. If I had a funky phone like you, maybe that'd be different. lol.
And you're right, I WOULD send some of my dad's actual ashes... although that is actually illegal. But as I've discovered, incense ashes look a LOT like human ones, so I'd just use some of them instead. lol.
@skinnychick (6905)
• United States
12 Jun 08
I would take that to the media for sure, if they try to take you to court. It's ridiculous, they are rubbing salt in an open wound. They should just let the man rest in peace for fu@ks sake. I would try the better business bureau online as well.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
Oh, if they do have the nerve to take it to court, be assured that it WILL reach the media. I'll look into the BBB online reporting as well.
@Hatley (163781)
• Garden Grove, California
12 Jun 08
canadaGal more power to you. do you know the local media
sometimes here in the states certain media have a special
help line for persons who have been gyped by some company and
they will air your grievance and go to bat for you with the
company. maybe they have something similar in Canada, anyway
take it to the media and you will get it settled I will bet
on that. good luck.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
There are a few media activists here in Canada for sure. None that I know of here in London, Ontario... but Toronto is full of them. lol.
@neildc (17239)
• Lapu-Lapu City, Philippines
13 Jun 08
I have seen this topic once last night, opened it, but never bothered to read the whole topic as I found it too long. I seen this again today, so I read the topic now up to the end. I actually printed it so I can have more time to read. I got interested actually but I have a hard time to find some answers. Anyway, I thought of your situation as something like the law offices, or the collecting agents, that credit card companies here do if you already failed to pay for your account. They will threat you of filing a case in court against you if you do not pay or you keep on failing to pay. So I said, let them sue, let's just see in court. In your case, I guess, if they are really eager to claim from your father, then let them bring the matter to court. Anyway, the court knows best on how to settle the matter. But, as I always say to our clients, having the case hear in court will be very expensive, on both parties...
1 person likes this
@CanadaGal (4304)
• Canada
13 Jun 08
I doubt it will go to court, but you're right, that is a VERY expensive route. I can't see them bothering for a less than $50 amount.
@Zergonipal (807)
• Poland
12 Jun 08
This is quite insane. I would really lough to the phone if they would call me again in such situation and told them to sue me, or I will sue them for such demands. In such situation he just can't say he won't dial you up with the menager. Be calm and cheers.
1 person likes this
@CanadaGal (4304)
• Canada
12 Jun 08
However, it appears that he is not familiar with proper customer service codes of conduct and rules. lol.
