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Business recovering payment

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simpleguy71 View Drop Down
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Joined: 30/January/2012
Location: Australia
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  Quote simpleguy71 Quote  Post ReplyReply Direct Link To This Post Topic: Business recovering payment
    Posted: 30/January/2012 at 14:33
Hi

Hoping someone can answer this.

I had a product that was under manufacturers warranty (3yr)during this time it went faulty, it took 9mths to replace the item.

as part of that replacement i had to agree to sign a non disclosure agreeing to terms which set out, one of those being a few thousand payed to them in change over.

when i went to change the item they did not ask for the money. months later they are now asking for it.

the issue however is the item i received was not as agreed nor was it transferred into my name and now the revenue office is chasing me for money.

my question is if i remain non responsive what is their course of action. i understand in my case it would be the fair claims tribunal in vic.

what is the process for businesses seeking payment from individuals.?

happy to discuss this in court, i am sure they would not be.

appreciate any advice.
SG71

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 31/January/2012 at 13:02
If you are trying to avoid paying this demand the process is similar to the method I outlined above. Which was to use the small claims court.


You write to the company who is trying to get money out of you denying responsibility and if they do not reply or they dispute your letter you lodge a relief from payment claim with the small claims court.









Edited by MartinO - 06/February/2012 at 11:31
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

simpleguy71 View Drop Down
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  Quote simpleguy71 Quote  Post ReplyReply Direct Link To This Post Posted: 06/February/2012 at 18:30
Hi Martin O

Thanks for replying and your feedback, sorry i went searching for the original thread today and could not get it back to see any replys, not very computer savvy.

A question though, your response on the 31st Jan "If you are trying to avoid paying this demand the process is similar to the method I outlined above. Which was to use the small claims court." but I am not sure what the "outlined above" is?

am i missing a comment or link?

appreciate the response.

simpleguy71 View Drop Down
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  Quote simpleguy71 Quote  Post ReplyReply Direct Link To This Post Posted: 06/February/2012 at 18:32
ah disregard, i see this was edited today.

cheers

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/February/2012 at 18:41
Yes sorry, from your original post it appeared that that perhaps you were trying to get money out of someone and my first reply was along that line. Today when I read this it became clear that my second post in that thread was what applied so I deleted the original reply and edited the second one to fit the request.

Yes a small claims case for relief from payment seems to be the best way to avoid paying for something you don't want.

You will need to present a convincing case, I don't expect you should have any problems as it all came about because of a warrantee claim.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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