When is a debt not a debt.

[Bobby]

You can ask but it is pretty simple contract law.
I am not coming into this Thread to any significant extent. I am unsure of the legislation/regulations.

I agree - the new legislation could override common law
regarding offer and acceptance.

[billy the kid]

What new legislation...

[Aussie]

What new legislation...

That is my point....and lots of stuff is forced on us by Regulation....the edicts of Dr Jeanette Young, for example.

[Bobby]

What new legislation...

The legislation made covering emergency powers.
I suggest you ask a qualified lawyer.

[billy the kid]

Exactly Aussie...
Another example is the eviction moratorium....
A landlord and a tenant enter into a rental agreement...
The landlord is entitled to his rent...
The tenant is entitled, in return, to peaceful enjoyment of the property.
The tenant loses his job due to covid...
Cant pay his rent...
The landlord cant evict him due to the eviction moratorium...
The eviction moratorium has in effect cancelled the legal contract between
two parties...
Whether you favour the landlord or the tenant is immaterial..
Government cant cancel the rights of the landlord with legislation
which favours the tenant...
Conversely, if someone is compelled to enter quarantine by state
legislation, then any occupation of a hotel room by someone in quarantine
is coerced by the legislation...
Therefore the legality of the contract entered into by the punter is doubtful.
At best, the punter is a reluctant visitor.
If the punter is in hotel quarantine reluctantly, then his attendance has been
coerced.
If his attendance has been coerced, this constitutes a contract under duress..
The fees for quarantine should be paid by the government...
The public is being conned by the state governments and their suspect
legislation.
Its only a matter of time before someone seeks legal advice when'the
debt collectors come a calling....

[Jovial Monk]

Who cares about debt collectors?

Beware the guy with a summons—do something to ward him off: like pay 10% of the debt—they need to get a whole new summons together. Direct debit into their bank account is good: they can refuse a cheque but not money in their bank account, no! So say that is how you pay accounts, no other way so then if you fall on a period of slow income you can stave off the evil day of getting a summons.

I spent many many Monday mornings in the Small Claims Court after my idiot business partner left. I know how to run with the hares and I know how to run with the hounds (Ha! Talking of hounds—I did once sneak my chihuahua into the small claims court, no one ever knew. Just as well my dainty little chi didn’t fart or EVERYBODY would have known, LOL!) Yes, I did summons some slow payers. One creepy guy I had summonsed cornered me at the Central Market “You should have talked to me” said the creepy guy. I made an extra $300 out of this creep, hehehe.

A summons on the Small Claims Court does not cost you much. Best is to pre-empt it by a small payment. When interest rates are high it is bloody useful to delay the day of a summons by many months to 2-3 years. Now, just pay the bloody bill and enjoy your credit rating rising, so useful once interest rates soar again! Oh yes, bloody mortgage rates 3.xx%, interest on savings accounts shitpence per decade, PAY YOUR BLOODY BILLS ON TIME! So useful once rates rise again!

[Jovial Monk]

Offer, acceptance and consideration make a contract. Legislation can also create a debt—e.g. tax.

[Aussie]

Offer, acceptance and consideration make a contract. Legislation can also create a debt—e.g. tax.

...and a shit load of other required elements, including the absence of coercion.

[Neferti]

Talking about "money", have any of you checked to see whether you have any "unclaimed money" due to you? You might be surprised.

https://moneysmart.gov.au/find-unclaimed-money

Just in case anybody is wondering what made me think of this, check the Telegraph.

https://www.dailytelegraph.com.au/subsc ... de=premium

[Aussie]

Talking about "money", have any of you checked to see whether you have any "unclaimed money" due to you? You might be surprised.

https://moneysmart.gov.au/find-unclaimed-money

Just in case anybody is wondering what made me think of this, check the Telegraph.

https://www.dailytelegraph.com.au/subsc ... de=premium

The only thing I wonder on this is why you posted it. Totally irrelevant to the Topic.