Some advice from the Legal guys please

Discussion in 'Legal Issues' started by skater, 9th Dec, 2014.

  1. pinkboy

    pinkboy SS Lookerafterer

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    The bet is off! There's no more chocolate! :D

    I ride so I can eat those things! ;)


    pinkboy
     
  2. skater

    skater Capitalist

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    Go on, rub it in!

    I'm betting there's another block of chocolate in the cupboard.
     
  3. Mr. Fabulous

    Mr. Fabulous Thought Criminal

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    [​IMG]
     
  4. vaughan

    vaughan Member

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    Where are they? At least say the city. :)
     
  5. skater

    skater Capitalist

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  6. coastal

    coastal Member

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    Skater,

    did the buyer stop the claim she filed in the mags courts?
     
  7. skater

    skater Capitalist

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    It's a Mickey Mouse claim. It goes no further unless she spends $135, which she isn't going to do. Especially now, as she's got both the product AND a refund, all of which are proveable.
     
  8. kathryn d

    kathryn d Member

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    Rob and I were discussing this at breakfast.

    He said there should be something written where she must return...which he says puts the onus back on the buyer.

    Simply stating that someone can pick them up, isn't enough.

    Similar to if she bought something, she didn't like it, she must return it, for a refund.
     
  9. Perp

    Perp Member

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    Legally, it's not the same; she had the item delivered to her despite no longer wanting it. The onus is no longer on the buyer.
     
  10. kathryn d

    kathryn d Member

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    You may be right Perp...I don't know the rules here

    I'm curious..did the buyer have the parcel just dropped off, or did she need to sign for acceptance of it?

    I'm curious to whether e-bay will require the buyer to return the parcel, since they required skater to refund the money...
     
  11. starter

    starter Member

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    This isn't a statement of claim.
     
  12. Perp

    Perp Member

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    Sorry, Final Notice of Claim - which I believe is merely a terminology difference. (I'm used to Queensland.)

    In either case, skater needs to file a defence in the form of a Form 4, not ignore it.
     
  13. coastal

    coastal Member

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    Yes,

    skater you may still need to file a defence. In qld you would have 21 or 28 days. Normally there would be another document confirming the buyer does not intend to proceed.

    Ebay is good to start a business, but the buyers are just too demanding.
     
  14. coastal

    coastal Member

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    You just have to be a bit careful of self entitled idiots like this. They seem to have done this before.
     
  15. skater

    skater Capitalist

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    No, it's not the same. I spoke to the Officers at the Magistrates Court. It really doesn't amount to much. It's kind of like a document that tells the other person that there may be a claim on them. In order for it to proceed to a real claim of any sort, they need to pay their $135 and go the next step.

    I also enquired if I needed to file a defence, and was told that unless they start proceedings about me, then no, I don't need to do a thing. I've got it all printed out, just in case.

    I've just lodged a case with Acorn, not that anything will come of it, buy the Police suggested I do this. I can't have her charged, as it's a Civil case, but I can take it to NCAT, but of course, as it's the weekend, I can't do anything about that either. Well, not today, anyway.
     
  16. skater

    skater Capitalist

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    Yes, I get the feeling that they have. They seem to be one step ahead all the way, which is why I don't want to let her win. At least if someone stands up to her, she may have second thoughts about doing it to someone else.

    Like I said before, the $$ value is irrelevant to me now. I've already written the goods off. It is the principal of the whole thing that upsets me.
     
  17. kathryn d

    kathryn d Member

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    That is how we feel many times when going after tenants
     
  18. thatbum

    thatbum law talking guy

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    Unfortunately, lawyers everywhere will roll their eyes once they hear this from clients.

    Because we know it will take time, effort and money to chase some principle.
     
  19. skater

    skater Capitalist

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    Which sucks!

    But, I've got the money to go after her, so just weighing up on how ******** I am.

    Or, maybe I should just concentrate on the next IP? Hmmm.....some interesting ones we're looking at, at the moment.
     
  20. kathryn d

    kathryn d Member

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    We don't use lawyers..we represent ourselves, and win 90% of the time.

    The best part, Landlords in one town we own in,we have finally all started banding together...and 'these' tenants are finding it extremely difficult to find accommodation. :)


    Take her to small claims..when you win skater...have her pay for the court costs.