Early termination fee for deceased person

[Ext User(Craig Ian Dewick)]

Martin Taylor <mjpt_57@yahoo.com.au> writes:

>will said....

>> On Fri, 11 Nov 2005 02:37:17 +0000, DaN wrote:
>>
>>> If I were you id just ignore Telstra I dont see how they plan to take
>>> your step father to court anyway.
>>
>> They don't. They take his estate to court - which often means next of kin
>> etc.

>What does the next of kin have to do with the step father's "debt"?

If they're listed in the will they will have a lot to do with it, even more
so if they're the power of attorney.

Craig.
--
Craig Dewick (craig@poison.lios.apana.org.au). http://lios.apana.org.au/~craig
APANA Sydney Deputy Regional Co-ordinator. Operator of Jedi (APANA Sydney POP)
Always striving for a secure long-term future in an insecure short-term world
Have you exported a crypto system today? Do your bit to undermine the NSA.

[Ext User(Craig Ian Dewick)]

"Michael" <michael@yahoo.com> writes:

>> If Telstra will not waive the debt (and I don't know receptive Telstra is
>> to such requests), the debt will have to be paid (assuming there is
>> sufficient money in the estate).

>The debt will not be waived, it will go to a debt collector, then a debt
>factorer.

What is a debt 'factorer'?

Craig.
--
Craig Dewick (craig@poison.lios.apana.org.au). http://lios.apana.org.au/~craig
APANA Sydney Deputy Regional Co-ordinator. Operator of Jedi (APANA Sydney POP)
Always striving for a secure long-term future in an insecure short-term world
Have you exported a crypto system today? Do your bit to undermine the NSA.

[Ext User(Peter)]

Craig Ian Dewick wrote:

> Martin Taylor <mjpt_57@yahoo.com.au> writes:
>
>>will said....
>
>>> On Fri, 11 Nov 2005 02:37:17 +0000, DaN wrote:
>>>
>>>> If I were you id just ignore Telstra I dont see how they plan to take
>>>> your step father to court anyway.
>>>
>>> They don't. They take his estate to court - which often means next of
>>> kin etc.
>
>>What does the next of kin have to do with the step father's "debt"?
>
> If they're listed in the will they will have a lot to do with it, even
> more so if they're the power of attorney.
>

No, they must take the executor or administrator to court, not the next of
kin. They must do it within a reasonable timeframe or they may be out of
luck. Attempting to enforce an early termination fee against a deceased
estate where death caused the executor to seek termination could be
regarded as oppressive behaviour under the contract and hence might not be
enforceable. Any decent, honourable creditor would not enforce early
termination fees on account of death, but factor this possibility into the
cost of doing business. The converse also applies - 'rats' could be too
kind a word.

[Ext User(Matthew(The Ghost Whisperer))]

On Sat, 26 Nov 2005 00:23:39 +0000 (UTC), Craig Ian Dewick
<craig@lios.apana.org.au> wrote:

>"Michael" <michael@yahoo.com> writes:
>
>>> If Telstra will not waive the debt (and I don't know receptive Telstra is
>>> to such requests), the debt will have to be paid (assuming there is
>>> sufficient money in the estate).
>
>>The debt will not be waived, it will go to a debt collector, then a debt
>>factorer.
>
>What is a debt 'factorer'?
>
>Craig.

new reality show





****************************************
Wolf Creek:

Liz Hunter: Ben's from Australia.
Ben Mitchell: Yeah, Sydney.
Mick Taylor: Poofter capital of the world.

[Ext User(Tony Smith)]

Craig Ian Dewick wrote:

>
> What is a debt 'factorer'?
>

Really charming people.
They buy debts and then collect on them.

It works like this:-

Company A is owed $1k by Person X

Company B, a commercial factoring company comes along and says "I'll
pay you $100 for the debt owed to you by Person X.


They then pursue Person X to the ends of the earth, and they are very,
very good at what they do.


It can also work commercially like this.

I have a business selling a reasonable volume of high profit goods. My
turnover is pretty good, but my customers (because they are Government
or Big Business) are too bloody slow at paying me which means I'm in
permanent cash flow crises.

A factoring company will look at my books and say "you eventually
collect 98% of all your debts, we will buy your debts off you on a
monthly basis for 80% of their face value.

You can then do your ordering and sales confident in having a regular,
if possibly reduced cash flow, your customers need never know you deal
with a factoring agent (unless they go bad in which case they tend to
find out suddenly). Hopefully your goods are of a type that you can
build in a bit more "fat" into your prices without scaring the
customers away.


As RS will probably say, in practice it's a tad more complicated that
above, but that's the general gist of it.




Tony Smith

[Ext User(Rod Speed)]

Craig Ian Dewick <craig@lios.apana.org.au> wrote
> Martin Taylor <mjpt_57@yahoo.com.au> writes
>> will said....
>>> DaN wrote

>>>> If I were you id just ignore Telstra I dont see how
>>>> they plan to take your step father to court anyway.

>>> They don't. They take his estate to court

Wrong, as always.

>>> - which often means next of kin etc.

Wrong, as always.

>> What does the next of kin have to do with the step father's "debt"?

> If they're listed in the will they will have a lot to do with it,

Wrong, as always.

> even more so if they're the power of attorney.

Wrong, as always.

Its the executor that gets to pay outstanding debts on death, stupid.

[Ext User(Reginald P)]

Tony Smith wrote:

> Craig Ian Dewick wrote:
>
>
>>What is a debt 'factorer'?
>>
>
>
> Really charming people.
> They buy debts and then collect on them.
>
> It works like this:-
>
> Company A is owed $1k by Person X
>
> Company B, a commercial factoring company comes along and says "I'll
> pay you $100 for the debt owed to you by Person X.
>
>
> They then pursue Person X to the ends of the earth, and they are very,
> very good at what they do.
>
>
> It can also work commercially like this.
>
> I have a business selling a reasonable volume of high profit goods. My
> turnover is pretty good, but my customers (because they are Government
> or Big Business) are too bloody slow at paying me which means I'm in
> permanent cash flow crises.
>
> A factoring company will look at my books and say "you eventually
> collect 98% of all your debts, we will buy your debts off you on a
> monthly basis for 80% of their face value.
>
> You can then do your ordering and sales confident in having a regular,
> if possibly reduced cash flow, your customers need never know you deal
> with a factoring agent (unless they go bad in which case they tend to
> find out suddenly). Hopefully your goods are of a type that you can
> build in a bit more "fat" into your prices without scaring the
> customers away.
>
>
> As RS will probably say, in practice it's a tad more complicated that
> above, but that's the general gist of it.
>
>
>
>
> Tony Smith
>
Good sumation , but they can and often are beaten because of the manner
in which they attempt the recovery , it takes some effort to do so but
very possible

[Ext User(Rod Speed)]

Craig Ian Dewick <craig@lios.apana.org.au> wrote
> DaN <news@danscomp.net> writes

>> If I were you id just ignore Telstra I dont see how
>> they plan to take your step father to court anyway.

> They won't - they'll take action against whoever is
> the power of attorney or go after immediate relatives.

Legally they cant do either.

> That's why it's important to to get someone at Telstra
> to manually over-ride the automatic billing system
> that's spitting out the breach of contract notice.

Wrong, as always.

[Ext User(Heretic)]

On Sat, 26 Nov 2005 14:08:12 +1300, Peter wrote:

> Craig Ian Dewick wrote:
>
>> Martin Taylor <mjpt_57@yahoo.com.au> writes:
>>
>>>will said....
>>
>>>> On Fri, 11 Nov 2005 02:37:17 +0000, DaN wrote:
>>>>
>>>>> If I were you id just ignore Telstra I dont see how they plan to take
>>>>> your step father to court anyway.
>>>>
>>>> They don't. They take his estate to court - which often means next of
>>>> kin etc.
>>
>>>What does the next of kin have to do with the step father's "debt"?
>>
>> If they're listed in the will they will have a lot to do with it, even
>> more so if they're the power of attorney.
>>
>
> No, they must take the executor or administrator to court, not the next of
> kin. They must do it within a reasonable timeframe or they may be out of
> luck.

Why "out of luck"? The normal statute of limitations on debts applies.

[Ext User(Heretic)]

On Sat, 26 Nov 2005 14:08:12 +1300, Peter wrote:

> Craig Ian Dewick wrote:
>
>> Martin Taylor <mjpt_57@yahoo.com.au> writes:
>>
>>>will said....
>>
>>>> On Fri, 11 Nov 2005 02:37:17 +0000, DaN wrote:
>>>>
>>>>> If I were you id just ignore Telstra I dont see how they plan to take
>>>>> your step father to court anyway.
>>>>
>>>> They don't. They take his estate to court - which often means next of
>>>> kin etc.
>>
>>>What does the next of kin have to do with the step father's "debt"?
>>
>> If they're listed in the will they will have a lot to do with it, even
>> more so if they're the power of attorney.
>>
>
> No, they must take the executor or administrator to court, not the next of
> kin. They must do it within a reasonable timeframe or they may be out of
> luck.

Why "out of luck"? The normal statute of limitations on debts applies.

[Ext User(--- ylferiF ---)]

"Craig Ian Dewick" <craig@lios.apana.org.au> wrote in message
news:dm89ou$b9b$1@yoda.apana.org.au...
> DaN <news@danscomp.net> writes:
>
>>If I were you id just ignore Telstra I dont see how they plan to take your
>>step father to court anyway.
>
> They won't - they'll take action against whoever is the power of attorney
> or
> go after immediate relatives.
>
> That's why it's important to to get someone at Telstra to manually
> over-ride
> the automatic billing system that's spitting out the breach of contract
> notice.
>

Why did you cross-post this to aus.tv?

[Ext User(Rod Speed)]

--- ylferiF --- <4g213tb7n7h7dd55439@364872346.com> wrote:
> "Craig Ian Dewick" <craig@lios.apana.org.au> wrote in message
> news:dm89ou$b9b$1@yoda.apana.org.au...
>> DaN <news@danscomp.net> writes:
>>
>>> If I were you id just ignore Telstra I dont see how they plan to
>>> take your step father to court anyway.
>>
>> They won't - they'll take action against whoever is the power of
>> attorney or
>> go after immediate relatives.
>>
>> That's why it's important to to get someone at Telstra to manually
>> over-ride
>> the automatic billing system that's spitting out the breach of
>> contract notice.
>>
>
> Why did you cross-post this to aus.tv?

To piss you off.

[Ext User(Zappy)]

"Craig Ian Dewick" <craig@lios.apana.org.au> wrote in message
news:dm89ub$b9b$3@yoda.apana.org.au...
> "Michael" <michael@yahoo.com> writes:
>
>>> If Telstra will not waive the debt (and I don't know receptive Telstra
>>> is
>>> to such requests), the debt will have to be paid (assuming there is
>>> sufficient money in the estate).
>
>>The debt will not be waived, it will go to a debt collector, then a debt
>>factorer.
>
> What is a debt 'factorer'?

Craig, it is someone who buys the debt for a huge fee and then tries to get
the debtor to pay up.

It is a very, very expensive method of business finance.

[Ext User(Rod Speed)]

Zappy <zapkvr@ncable.net.au> wrote
> Craig Ian Dewick <craig@lios.apana.org.au> wrote
>> Michael <michael@yahoo.com> writes

>>>> If Telstra will not waive the debt (and I don't know receptive
>>>> Telstra is to such requests), the debt will have to be paid (assuming there
>>>> is sufficient money in the estate).

>>> The debt will not be waived, it will go to a debt collector, then a debt
>>> factorer.

>> What is a debt 'factorer'?

> Craig, it is someone who buys the debt for a huge fee

Small one actually in the situation being discussed.

> and then tries to get the debtor to pay up.

> It is a very, very expensive method of business finance.

Complete and utter drivel with the situation being discussed.

[Ext User(Zappy)]

"Rod Speed" <rod_speed@yahoo.com> wrote in message
news:3uqiorF12atqoU1@individual.net...
> Zappy <zapkvr@ncable.net.au> wrote
>> Craig Ian Dewick <craig@lios.apana.org.au> wrote
>>> Michael <michael@yahoo.com> writes
>
>>>>> If Telstra will not waive the debt (and I don't know receptive
>>>>> Telstra is to such requests), the debt will have to be paid (assuming
>>>>> there is sufficient money in the estate).
>
>>>> The debt will not be waived, it will go to a debt collector, then a
>>>> debt factorer.
>
>>> What is a debt 'factorer'?
>
>> Craig, it is someone who buys the debt for a huge fee
>
> Small one actually in the situation being discussed.

Dickhead, I am referring to debt factoring. I don't WHAT you are referring
to.
>
>> and then tries to get the debtor to pay up.
>
>> It is a very, very expensive method of business finance.
>
> Complete and utter drivel with the situation being discussed.
>

[Ext User(Zappy)]

"Rod Speed" <rod_speed@yahoo.com> wrote in message
news:3uq9hkF122drkU1@individual.net...
> --- ylferiF --- <4g213tb7n7h7dd55439@364872346.com> wrote:
>> "Craig Ian Dewick" <craig@lios.apana.org.au> wrote in message
>> news:dm89ou$b9b$1@yoda.apana.org.au...
>>> DaN <news@danscomp.net> writes:
>>>
>>>> If I were you id just ignore Telstra I dont see how they plan to
>>>> take your step father to court anyway.
>>>
>>> They won't - they'll take action against whoever is the power of
>>> attorney or
>>> go after immediate relatives.
>>>
>>> That's why it's important to to get someone at Telstra to manually
>>> over-ride
>>> the automatic billing system that's spitting out the breach of
>>> contract notice.
>>>
>>
>> Why did you cross-post this to aus.tv?
>
> To piss you off.

It's better to be pissed off than pissed on.
>
>

[Ext User(Peter)]

Zappy wrote:

>>
>> What is a debt 'factorer'?
>
> Craig, it is someone who buys the debt for a huge fee and then tries to
> get the debtor to pay up.
>
> It is a very, very expensive method of business finance.

There seem to be two types of debt factoring. The first one is where a
creditor 'sells' a book of current debts for a discount where it is
expected virtually all will be paid by due date or soon after.

The second one is where a creditor sells a a book of bad debts at a very
deep discount for the factoring firm to collect the best they can. Some
may be capable of being successfully disputed as a bare ledger entry would
generally be insufficient to prove the debt and the supporting paper or
computer records may be lost. In this case the factoring company has to
resort to bullshit and bullying to try and get the money.

[Ext User(Tsunami Australia)]

Michael wrote:
> "Justin" <nospam@insightbb.com> wrote in message
> news:slrndn4eqs.tma.nospam@debian.dns2go.com...
>> Jack Mitchell wrote on [Wed, 09 Nov 2005 12:01:39 GMT]:
>>> You have three options: transfer of ownership into another name and
> continue
>>> the service & contract. Or disconnect the service and send the phone
> back
>>> (they will give you an address) and they will waive the ETC. The final
>>> option is to have the number deactivated and accept the ETC (and keep
> the
>>> phone), the estate becomes liable for paying the final bill.
>> The phone wasn't recovered from the accident site. Nobody has been able
>> to find it.
>
> Ok then you have 3-1 = 2 choices
>
> Dont want to sound harsh, but a debt is a debt, its not Telstras fault.
>
> Do you expect the opposite, say, that $10000 in their bank account is now
> forfeited to the bank because the person is dead?
>
> Assets and liabilities continue after debt
>
>

Yes I do, when I took out a loan a few years ago, I only had to sign one
line and had full death cover, as in, if I died, the loan was forgotten.

[Ext User(Ken Taylor)]

"Peter" <peterwn@parazzdise.net.nz> wrote in message
news:43883411@clear.net.nz...
> Zappy wrote:
>
> >>
> >> What is a debt 'factorer'?
> >
> > Craig, it is someone who buys the debt for a huge fee and then tries to
> > get the debtor to pay up.
> >
> > It is a very, very expensive method of business finance.
>
> There seem to be two types of debt factoring. The first one is where a
> creditor 'sells' a book of current debts for a discount where it is
> expected virtually all will be paid by due date or soon after.
>
> The second one is where a creditor sells a a book of bad debts at a very
> deep discount for the factoring firm to collect the best they can. Some
> may be capable of being successfully disputed as a bare ledger entry would
> generally be insufficient to prove the debt and the supporting paper or
> computer records may be lost. In this case the factoring company has to
> resort to bullshit and bullying to try and get the money.
>
>
That's only one type of factoring. The difference is the amount of risk that
the factoring company is prepared to take on.

Ken

[Ext User(Rod Speed)]

Zappy <zapkvr@ncable.net.au> wrote
> Rod Speed <rod_speed@yahoo.com> wrote
>> Zappy <zapkvr@ncable.net.au> wrote
>>> Craig Ian Dewick <craig@lios.apana.org.au> wrote
>>>> Michael <michael@yahoo.com> writes

>>>>>> If Telstra will not waive the debt (and I don't know receptive
>>>>>> Telstra is to such requests), the debt will have to be paid
>>>>>> (assuming there is sufficient money in the estate).

>>>>> The debt will not be waived, it will go to a debt collector, then a debt
>>>>> factorer.

>>>> What is a debt 'factorer'?

>>> Craig, it is someone who buys the debt for a huge fee

>> Small one actually in the situation being discussed.

> Dickhead,

Fuckwit,

> I am referring to debt factoring.

So was Mikey, fuckwit.

> I don't WHAT you are referring to.

The debt factoring Telstra does with its unpaid debts, fuckwit.

No 'huge fee' involved with those.

>>> and then tries to get the debtor to pay up.

>>> It is a very, very expensive method of business finance.

>> Complete and utter drivel with the situation being discussed.