Early termination fee for deceased person

[Ext User(Justin)]

My step father recently passed away in an auto accident, we can't find
the phone and Telstra is wanting to charge us $1000 for breach of
contract. The phone was under his name. Because we can't find the phone
and we don't know his "password" they are wanting to charge this fee.

Does that even sound remotely right? Who would I need to talk to to get
this settled?

[Ext User(Rod Speed)]

Justin <nospam@insightbb.com> wrote

> My step father recently passed away in an auto accident,
> we can't find the phone and Telstra is wanting to charge
> us $1000 for breach of contract. The phone was under
> his name. Because we can't find the phone and we don't
> know his "password" they are wanting to charge this fee.

> Does that even sound remotely right?

Nope.

> Who would I need to talk to to get this settled?

The TIO, www.tio.com.au

[Ext User(will kemp)]

On Thu, 03 Nov 2005 16:13:22 +0000, Justin wrote:

> My step father recently passed away in an auto accident, we can't find
> the phone and Telstra is wanting to charge us $1000 for breach of
> contract. The phone was under his name. Because we can't find the phone
> and we don't know his "password" they are wanting to charge this fee.
>
> Does that even sound remotely right? Who would I need to talk to to get
> this settled?

Right or not, it certainly sounds like Tel$cum!

Unfortunately, though, generally liability for debts and contracts
doesn't end with death. I came across a case once where a landlord wanted
compensation from a dead man's estate because he'd died in the middle of
his tenancy agreement and terminated the agreement early! The bastard
probably got his compensation too. It's not uncommon apparently.

However, there may be different provisions in the telecommunications act
or related laws. So, as Rod said, get onto the TIO.

Will

[Ext User(grumpy@mailinator.com)]

On Thu, 03 Nov 2005 16:13:22 GMT, Justin <nospam@insightbb.com> wrote:

> My step father recently passed away in an auto accident, we can't find
> the phone and Telstra is wanting to charge us $1000 for breach of
> contract. The phone was under his name. Because we can't find the phone
> and we don't know his "password" they are wanting to charge this fee.
>
> Does that even sound remotely right? Who would I need to talk to to get
> this settled?

Give them his "new" address. If that fails to get rid of them, ACA and Today Tonight would love the
story.

[Ext User(Giles)]

> My step father recently passed away in an auto accident, we can't find
> the phone and Telstra is wanting to charge us $1000 for breach of
> contract. The phone was under his name. Because we can't find the phone
> and we don't know his "password" they are wanting to charge this fee.

Make a request to Telstra for *them* to cancel his service, under
s8.7(c) of their General Terms for Consumer Customers.
http://www.telstra.com.au/customerterms/docs/hf_general.pdf#page=20

This section provides for applicable early termination fees to be
waived if *Telstra* cancels a service after the customer dies.

Whoever has power of attorney to manage his affairs should be able to
act on his behalf in these circumstances, even if they don't know the
nominated password. Ask to escalate to a more senior rep if the front
line won't comply. Be prepared to fax through a death certificate if
they ask.

[Ext User(Hulkster)]

Ring Neil Mitchell at 3AW

"Giles" <call125111@email.com> wrote in message
news:1131068573.118372.226700@z14g2000cwz.googlegr oups.com...
>> My step father recently passed away in an auto accident, we can't find
>> the phone and Telstra is wanting to charge us $1000 for breach of
>> contract. The phone was under his name. Because we can't find the phone
>> and we don't know his "password" they are wanting to charge this fee.
>
> Make a request to Telstra for *them* to cancel his service, under
> s8.7(c) of their General Terms for Consumer Customers.
> http://www.telstra.com.au/customerterms/docs/hf_general.pdf#page=20
>
> This section provides for applicable early termination fees to be
> waived if *Telstra* cancels a service after the customer dies.
>
> Whoever has power of attorney to manage his affairs should be able to
> act on his behalf in these circumstances, even if they don't know the
> nominated password. Ask to escalate to a more senior rep if the front
> line won't comply. Be prepared to fax through a death certificate if
> they ask.
>

[Ext User(John)]

Hulkster wrote:

> Ring Neil Mitchell at 3AW

Wow what's Neil gonna do for you?

[Ext User(Horace_ Wachope_)]

On Sat, 05 Nov 2005 15:22:13 +1030, John wrote:

> Hulkster wrote:
>
>> Ring Neil Mitchell at 3AW
>
> Wow what's Neil gonna do for you?

Why all the nosey questions, John?

[Ext User(John)]

Horace_ Wachope_ wrote:

> On Sat, 05 Nov 2005 15:22:13 +1030, John wrote:
>
> > Hulkster wrote:
> >
> >> Ring Neil Mitchell at 3AW
> >
> > Wow what's Neil gonna do for you?
>
> Why all the nosey questions, John?



Dunno just wondering why 3AW was mentioned?

[Ext User(Simon VK3XEM)]

John wrote:
> Horace_ Wachope_ wrote:
>
>>On Sat, 05 Nov 2005 15:22:13 +1030, John wrote:
>>
>>>Hulkster wrote:
>>>
>>>>Ring Neil Mitchell at 3AW
>>>
>>>Wow what's Neil gonna do for you?
>>
>>Why all the nosey questions, John?
>
> Dunno just wondering why 3AW was mentioned?

Probably Because Neil Mitchell would jump on a story like that and the
bad publicity would embarrass them to back down and reverse the decision.


--
The views I present are my own and NOT of any organisation I belong to.

73 de Simon, VK3XEM.
http://www.aca.gov.au/pls/radcom/client_search.client_lookup?pCLIENT_NO=157452

Any information regarding Greg can be sent to intruder@vk3xem.net

[Ext User(Michael)]

"Justin" <nospam@insightbb.com> wrote in message
news:slrndmkdp2.jja.nospam@debian.dns2go.com...
> My step father recently passed away in an auto accident, we can't find
> the phone and Telstra is wanting to charge us $1000 for breach of
> contract. The phone was under his name. Because we can't find the phone
> and we don't know his "password" they are wanting to charge this fee.
>
> Does that even sound remotely right? Who would I need to talk to to get
> this settled?

What do you want to do with the service?

[Ext User(Jack Mitchell)]

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.

A letter from next of kin / probate will be required and possibly death
certificate.

You really shouldn't have to go to the TIO for this kind of thing, most
staff are aware of this procedure.

"Justin" <nospam@insightbb.com> wrote in message
news:slrndmkdp2.jja.nospam@debian.dns2go.com...
> My step father recently passed away in an auto accident, we can't find
> the phone and Telstra is wanting to charge us $1000 for breach of
> contract. The phone was under his name. Because we can't find the phone
> and we don't know his "password" they are wanting to charge this fee.
>
> Does that even sound remotely right? Who would I need to talk to to get
> this settled?

[Ext User(Justin)]

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.

> A letter from next of kin / probate will be required and possibly death
> certificate.
>
> You really shouldn't have to go to the TIO for this kind of thing, most
> staff are aware of this procedure.
>
> "Justin" <nospam@insightbb.com> wrote in message
> news:slrndmkdp2.jja.nospam@debian.dns2go.com...
>> My step father recently passed away in an auto accident, we can't find
>> the phone and Telstra is wanting to charge us $1000 for breach of
>> contract. The phone was under his name. Because we can't find the phone
>> and we don't know his "password" they are wanting to charge this fee.
>>
>> Does that even sound remotely right? Who would I need to talk to to get
>> this settled?
>
>

[Ext User(grumpy@mailinator.com)]

On Wed, 09 Nov 2005 18:09:32 GMT, Justin <nospam@insightbb.com> wrote:

> 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.

Probably souvenired by a scumbag.

[Ext User(Simon VK3XEM)]

Justin wrote:
[SNIP]
> The phone wasn't recovered from the accident site. Nobody has been able
> to find it.
[SNIP]

I would suggest maybe a getting a Stat. Dec. to that effect and if that
fails contact the Police member who investigated the accident, maybe he
can sign something to the effect that no phone was recovered from the
accident scene.

Good luck.



--
The views I present are my own and NOT of any organisation I belong to.

73 de Simon, VK3XEM.
http://www.aca.gov.au/pls/radcom/client_search.client_lookup?pCLIENT_NO=157452

Any information regarding Greg can be sent to intruder@vk3xem.net

[Ext User(DaN)]

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



On Thu, 03 Nov 2005 16:13:22 +0000, Justin wrote:

> My step father recently passed away in an auto accident, we can't find
> the phone and Telstra is wanting to charge us $1000 for breach of
> contract. The phone was under his name. Because we can't find the phone
> and we don't know his "password" they are wanting to charge this fee.
>
> Does that even sound remotely right? Who would I need to talk to to get
> this settled?

[Ext User(will kemp)]

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.

[Ext User(Michael)]

"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

[Ext User(Michael)]

"Simon VK3XEM" <usenet@vk3xem.net> wrote in message
news:4373f429$1_3@news.melbourne.pipenetworks.com. ..
> Justin wrote:
> [SNIP]
> > The phone wasn't recovered from the accident site. Nobody has been able
> > to find it.
> [SNIP]
>
> I would suggest maybe a getting a Stat. Dec. to that effect and if that
> fails contact the Police member who investigated the accident, maybe he
> can sign something to the effect that no phone was recovered from the
> accident scene.

why? It makes absolutely no difference

[Ext User(Michael)]

"will kemp" <will@xxxx.swaggie.net> wrote in message
news:pan.2005.11.11.07.50.28.191276@xxxx.swaggie.n et...
> 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.

Telstra dont take people to court, their debt collectors or debt factorers
do.

I very much doubt they will take anyone to court over ANY ETC on a single
service. assuming every previous bill was paid