CBA Advised Creditcorp of My Father's Death

wl au on 07/08/2017 - 16:55
Last edited 07/08/2017 - 18:29 by 1 other user

Hi All,

1) CBA sold my father's credit card debt to Creditcorp;
2) dad died with out a will;
3) We didn't applied for probate as dad had little savings;
4) We lodged forms to close dad's account with CBA;
5) Just wondering if CBA has a right to inform Creditcorp of my father's death;
6) CBA has given Creditcorp my contact details.

We are not trying to avoid paying dad's debts, we are just surprised CBA hasn't paid out a single cent, but Creditcorp has already called us.

And why Creditcorp didn't chase the debt while dad was alive, as dad had enough money in his accounts to pay the debt.

Just wondering if any one has encountered the same experience.

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Comments

  • Islund on 07/08/2017 - 17:06
    +6

    it is the CBA - sorry to be facetious but they are arses

    • shaiguy on 07/08/2017 - 17:21
      +4

      LOL - tell them you already deposited it in cash at a CBA ATM.

    • vinni9284 on 07/08/2017 - 18:17
      +1

      I second this. CBA in my view are a rubbish bank. You can see for yourself over their fantastic reputation, recent media coverage about their alleged money laundering saga, their shafting of members off their superannuation arm; Colonial First state, their extremely fantastic financial advice and their lovely insurance arm that cannot understand the word "honour a legitimate claim". I stay away from this mob and their affiliates like the plaque.

      • Diji1 on 07/08/2017 - 19:20
        -1

        media coverage about their alleged money laundering saga

        Well, to be fair, that is something that a lot of major banks are engaged in as we see them getting busted continuously, paying large fines with no jail time and then back to money laundering again.

        The Australian gummints uses your money to ensure they don't go out of business by agreeing to bail them out if they ever need it. Literally promising your money to organised criminals if they're ever in danger of going out of business.

        Just vote Liberal or Labour if you want this to continue, you're too easy to take to the cleaners Australia.

        • vinni9284 on 07/08/2017 - 19:25

          Agree. By any way I am at all not referring that others are any better. Obviously, we can agree that CBA has topped to list based on their recent popularity over the years.

  • shaiguy on 07/08/2017 - 17:15
    +1

    Unfortunately, nearly all debt products/instruments can be assigned to a third party without your consent. However, it should be on the same terms and conditions as the original product. Banks will generally undertake this with their "bad debts", i.e. if you are way behind on payments, not responding, gone MIA etc. for a number of reasons, e.g. they need to allocate higher amounts of capital to low rated debt, balance sheet management (they tend to prefer holding higher quality, low risk debt, etc.), do not want the reputation of being debt collectors, etc. Included in the sale of that debt would be details of what you provided.

  • [Deactivated] on 07/08/2017 - 17:15
    +9

    Tell them to (profanity) off.

    Credit card debts are not secured. You don't have to pay them a cent unless you were a guarantor of the loan.

    Have known people in similar situation. There are a reason credit card fees and rates are high.

    Though CBA do have a right, it is not heartless, it is just procedure. Think little of it.

    • shaiguy on 07/08/2017 - 17:20
      +6

      Pretty much this. If there was nothing left in his assets. Then in a way, you could address pretty much by ignoring really. They should be contacting the executor of the estate - it is up to them to figure out who it is. If they keep contacting you then tell them to bugger off. Just because you're their child his debt has nothing to do with you and you are not the executor of their estate. If they ask you who is - tell them you are not legally obliged to answer or do not know who (which is true if there was no will).

      • [Deactivated] on 07/08/2017 - 17:25
        +6

        Also ask them not contact you again. It important to do this, if you want to make a harrasment claim against the debt collector later on.

  • chumlee on 07/08/2017 - 17:33

    well if CBA breached for dads privacy only your dad can sue so doesn't matter

    what do you mean by "surprised CBA hasn't paid out a single cent"

    • [Deactivated] on 07/08/2017 - 17:59
      +1

      well if CBA breached for dads privacy only your dad can sue so doesn't matter

      I'm pretty sure there's no breach … the card T&Cs would allow them to share information with debt collectors.

  • whooah1979 on 07/08/2017 - 18:12

    5) Just wondering if CBA has a right to inform Creditcorp of my father's death;

    a deceased person normally doesn't have privacy rights.

    • fruit on 07/08/2017 - 18:35
      -1

      You are going to have to cite a source.

      • Baysew on 07/08/2017 - 18:40
        +1

        Privacy of Deceased Individuals

        It is normally accepted that in law, deceased persons have no
        privacy interests. This is presumably on the basis that the raison d’être
        for privacy protection no longer exists, since dead people can feel no shame or
        humiliation. The underlying common law principle here is much the same as in
        the law of defamation, which in most jurisdictions does not countenance civil
        actions that seek to vindicate the reputation of the dead.

      • whooah1979 on 07/08/2017 - 18:44
        +1

        You are going to have to cite a source.

        http://www.alrc.gov.au/publications/8.%20Privacy%20of%20Dece…

        The term ‘natural person’ is not defined under the Privacy Act or the Acts Interpretation Act 1901; however it appears the term is usually used to distinguish human beings from artificial persons or corporations. Whether the term ‘natural persons’ includes a deceased human being does not appear to have been subject to judicial consideration in Australia or the United Kingdom. The Office considers the term ‘natural person’ to mean a living human being as this is the plain English meaning of the term.[12]

      • whooah1979 on 07/08/2017 - 18:48
        +1

        https://www.oaic.gov.au/images/documents/privacy/applying-pr…

        Deceased persons
        B.89
        The
        definition of ‘
        personal information’ in s 6(1) refers to information or an
        opinion about an ‘individual
        .’ An ‘individual’ means
        ‘a natural person’ (s 6(1)). The
        ordinary meaning of ‘natural person’ does not include deceased persons.
        28
        B.90
        Information about a deceased person may
        include information about a living
        individual
        and
        be
        ‘personal information’ for the purposes of the Privacy Act. For example,
        information that a deceased person had an inheritable medical condition
        may
        indicate
        that
        the deceased person’s descendants have an increased risk of that condition. If the
        descendant
        s are identifiable, that information would be personal information about the
        descendants
        . T
        he
        privacy
        interests
        of family members
        c ould therefore be considered
        when handling
        information
        about deceased persons
        .

  • Ocker on 07/08/2017 - 18:24

    I was the executor of an estate for a good (male) friend of mine who was married, owned a house (with a mortgage) in joint names and had a SMSF.

    He also had about $30.000 or credit card debt in HIS name.

    I sent a stat. dec. to the credit card companies to advise them the Estate has no assets (the house and SMSF don't count to pay the debt), and that was the last I heard from them - they wrote off the debt.

  • Trying2SaveABuck on 07/08/2017 - 19:24

    CBA worst bank their CEO is Mr Burns nothing surprises me from those dogs after all the shady shit they have done. I dont know how they still have a licence after the shocking health insurance, financial advisory and 50,000 plus links to laundering that has helped fund terrorism.

    • vinni9284 on 07/08/2017 - 19:43

      Ian Narev is the current CEO. But I agree that CBA is rubbish. LOL

      • Trying2SaveABuck on 07/08/2017 - 19:49
        +1

        Lol i mean it reminds me of Mr Burns would literally drown puppies to make a few dollars and would rob a starving family to fund his next sports car

        • vinni9284 on 07/08/2017 - 19:50
          +1

          Ohhh … hahaha! .. Excelllleeennttt!

  • mreddie on 07/08/2017 - 20:36
    +1

    Bikies

  • alxr0101 on 08/08/2017 - 07:37

    Sorry for your loss.

    Not sorry for the loss to CBA (or any subsequent debt collector agency that purchased the debt for next to nothing and attempt to enforce full payment).

    You are not obligated, morally or otherwise, to repay the debt.

  • BobD on 08/08/2017 - 08:40

    don't forget to do all your contacts with the debt collectors and anyone else in this matter, in writing with dates on it and keep a copy. It will help if you have a fight about it all later.

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