Advice about someone who owes me money ?

Vickrin · Post by **Vickrin** » Sat Jul 29, 2006 3:48 pm

Alright lads, there is a fella who owes me money for some parts which were never supplied. I paid and waited and waited and nothing ever happened so told him i wanted my money back. He agreed and has been fobbing me off with excuses.

Whats the best way to get the money off them, its been a while and ive given the benefit of the doubt so far but im getting desperate for it.
Cops, disputes tribunal ?

We dont live in the same town so its a bastard that way.
I have plenty of proof that he owes me the money so no worries there.
What do ya reckon guys ?

Ae92typeX · Post by **Ae92typeX** » Sat Jul 29, 2006 4:05 pm

Id send him a request one more time, stating (nicely) that you dont want to get the police involved but feel you have no option as you have waited for a reasionable amount of time. If still nothing go through the legal processes.

flat_0ut · Post by **flat_0ut** » Sat Jul 29, 2006 4:08 pm

Ae92typeX wrote:Id send him a request one more time, stating (nicely) that you dont want to get the police involved but feel you have no option as you have waited for a reasionable amount of time. If still nothing go through the legal processes.

seconded

GT4 20 · Post by **GT4 20** » Sat Jul 29, 2006 4:47 pm

TBH, I doubt very much if the Police would be either interested or would get involved.
As above, write to him and send the letter recorded delivery and give a definate date when you want the money to be returned by. If nothing happens, go to the CAB who will best advise you what to do next.
Gary

Adamal · Post by **Adamal** » Sat Jul 29, 2006 6:20 pm

Failing the above, GIVE HIM THE BASH AU!

Chelles · Post by **Chelles** » Sat Jul 29, 2006 6:36 pm

oky doky, from the perspective of a debt collector (its' what I do for a job)…

Fist question: Have you written to him giving him 10 working days to pay up? You need to do this first. Give a final date and tell him if he fails to pay by the date noted you will then seek legal advice.

If he doesn't pay in the allocated time frame you can either lodge a dispute with the small claims tribunal to basically 'sue' him for the money or you can apply for disputes mediation to come up with an arrangement with him to pay. These orders are legal and binding and must be given action by the debtor.

If these methods don't work, with him still continuing not to pay and he is ordered to pay by the court then you can load his debt with Baycorp. That way he will be affected for several years to come.

It’s not easy to get money from someone if they don’t wanna pay, but if you have all your facts and are owed the money then you have every right to chaise him for it.

If you’re not into that then maybe some big boys to ‘chat’ to time about the outstanding debt might work as mentioned. However this is not something that is recommended as he will more than likely turn around and serves a counter action for harassment. Seen it done before and ruined the debt dispute.

I may be a little sick, but I do love the justice of getting someone to pay their debt. Made someone bankrupt who refused to pay and sold their house to recover the debt awhile back. Very exciting indeed.

Good luck

deaf_rattle · Post by **deaf_rattle** » Sat Jul 29, 2006 8:21 pm

note to self, be nice to Chelles :lol:

l1ttle_d3vil · Post by **l1ttle_d3vil** » Sat Jul 29, 2006 10:02 pm

GT4 20 wrote:TBH, I doubt very much if the Police would be either interested or would get involved.

no they wont; been there done that. they won't get involved because it is a "civil matter". unless a crime was committed and the cops were involved from the start, they won't do much about getting your money back.

also, going through the small claims tribunal can be a very long and costly proccess BUT you can claim all your costs back too (as in make the guy pay all of your costs too).

Vickrin · Post by **Vickrin** » Sun Jul 30, 2006 2:36 am

Thanks very much for the help chelles, i got a somewhat excessive bill from my mechanics and NEED the money he owes me. Ive sent him a few e-mails telling him i need it, been giving him the benifit of the doubt but will definitely get small claims or baycorp onto him.

We're on different islands so how does small claims work then ?

Alex B · Post by **Alex B** » Sun Jul 30, 2006 2:19 pm

By excessive you mean you didnt think of a number and doubble it

Bling · Post by **Bling** » Sun Jul 30, 2006 5:00 pm

where is he located, maybe you could organise for the $$$ to be picked up.... if hes lazy, this could be an easy way for him to pay

if in chch, i'd lend a hand if that was possible

Al · Post by Al » Sun Jul 30, 2006 5:13 pm

Vickrin wrote:We're on different islands so how does small claims work then ?

AFAIK they will have to front up to where you lodge the claim.

IH8TEC · Post by **IH8TEC** » Sun Jul 30, 2006 5:39 pm

similar thing was gona happen wiht me, different circumstances but different islands, they said they can do video conference thing

l1ttle_d3vil · Post by **l1ttle_d3vil** » Sun Jul 30, 2006 6:00 pm

Al wrote:AFAIK they will have to front up to where you lodge the claim.

yeah, you can make them come to wherever you are, saves you the inconvenience!

fivebob · Post by **fivebob** » Sun Jul 30, 2006 6:06 pm

You should know that The Disputes Tribunal does not have jurisdiction to deal with debts that are not disputed – in other words, it cannot be used as a debt collection agency.

So if he doesn't dispute that he owes you money (which in this case would be the smart thing for him to do), there's no point in going to the Disputes Tribunal.

Silent Knight · Post by **Silent Knight** » Sun Jul 30, 2006 6:56 pm

Adamal wrote:Failing the above, GIVE HIM THE BASH AU!

^^^ I'm with Adam on this one.
Talking nicely and sending letters don't work. Break his kneecaps and DEMAND your money back.

wde_bdy · Post by **wde_bdy** » Sun Jul 30, 2006 9:02 pm

fivebob wrote:You should know that The Disputes Tribunal does not have jurisdiction to deal with debts that are not disputed – in other words, it cannot be used as a debt collection agency.

So if he doesn't dispute that he owes you money (which in this case would be the smart thing for him to do), there's no point in going to the Disputes Tribunal.

That is a good point, but you also can't use Baycorp etc if the debt is in dispute. So if you threaten them with Disputes Tibunal and they admit the debt then you can pursue it without going through the courts.

Callum

fivebob · Post by **fivebob** » Sun Jul 30, 2006 9:20 pm

wde_bdy wrote:
fivebob wrote:You should know that The Disputes Tribunal does not have jurisdiction to deal with debts that are not disputed – in other words, it cannot be used as a debt collection agency.

So if he doesn't dispute that he owes you money (which in this case would be the smart thing for him to do), there's no point in going to the Disputes Tribunal.

That is a good point, but you also can't use Baycorp etc if the debt is in dispute. So if you threaten them with Disputes Tibunal and they admit the debt then you can pursue it without going through the courts.

Callum

Yes, but Baycorp is about as useful as tits on a bull in cases like this. IME most people couldn't care less if they're listed with Baycorp, and it's not going to make them pay up. Might piss them off a little bit later on if they want credit, but that's not going to get the money back.

10k 20v · Post by **10k 20v** » Sun Jul 30, 2006 10:19 pm

Im in a similar situation myself with a guy who ran into my car while it was parked. He now refuses to admit liabilty so insurance won't cover it as the repair is under the excess and with previous experiance through overdue accounts baycorp doesn't get your money back and at the end of the day if they don't want to pay they won't.

neo · Post by **neo** » Mon Jul 31, 2006 1:22 pm

When I brought my first car, I paid xx $$ for it, on the condition that they had done all the servicing. Well they didnt, and refused to pay back some of the $$ for weeks.

I have a big maori pie loving friend called Jared, Jared got more pie money and I got the rest of thr $$ owing back..

Moral of the story. Pies are wonderful.

Toyspeed

Advice about someone who owes me money ?

Advice about someone who owes me money ?

THANX

Re: THANX

Re: THANX