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>it makes sense from a legal perspective No it doesn't. This is the work of a second rate player on paypal's legal team. You do not address letters to dead pe
by ABCLAW 8y ago
>it makes sense from a legal perspective
No it doesn't.
This is the work of a second rate player on paypal's legal team. You do not address letters to dead people. You address letters to their estate or if you know who the individual is, the executor of the estate in respect of their estate.
You do not say someone breached a contract when in fact you're exercising a right to wind up the account triggered by death.
Either one of these errors is an annoying mistake. Both of them together is a fairly large fuck-up. Lawyers put a LOT of work into drafting the right tone into their correspondence.
Estates law isn't particularly esoteric, either, but most in-house counsel practice corporate law, primarily, so it's probably just a case of a few corporate guys going "It looks okay, I guess" when proofing the template and not firing off a quick call to their pal that works in estates to review the deceased creditor notice.
- parliament32 8y agoI'm just saying it sounds like legal CYA. Consider [1] defines "you" in the agreement as "The person who applied for this Account and agrees to this Agreement." Further down, section 12 specifies that the account automatically moves to a "in default" state if you "Pass away or become incompetent;" Considering that "you" needs to be notified when their account goes into default, does "you" automatically become "the estate"? Is "the estate" the one who "applied for this Account and agrees to this Agreement"? Can an estate agree to anything? Is it possible a deceased person would be able to get off the hook for this kind of debt is the agreement isn't followed to the letter by the creditor? [1] https://www.paypal.com/us/webapps/mpp/bmlterms#accountAgreement https://www.paypal.com/us/webapps/mpp/bmlterms#accountAgreem...
- vertex-four 8y agoThere isn’t anything to do with the person once they die - obviously you don’t need to notify a dead person that they’re dead. The whole mess with simply becoming “in default” is likely outright wrong in the U.K., as there’s a pile of somewhat complex law surrounding what happens to people’s debts when they die.