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Claim from hire company

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16bit View Drop Down
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Joined: 02/August/2012
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  Quote 16bit Quote  Post ReplyReply Direct Link To This Post Topic: Claim from hire company
    Posted: 02/August/2012 at 13:27
Hello All.

My name is James. I am posting to try and get a bit of advice for my parents who have a problem with a claim made by someone they hired some equipment from while they were building their house.

The situation goes like this.

My parents hired some equipment while they were building their house in Tasmania.

My Dad called them when he was finished with the equipment to come and pick up the equipment that they dropped off (too big for Dad to pick up).

They were billed accordingly and have paid in full for that amount.

However they didn't come and pick up the equipment for several weeks after Dad called them to come and pick it up.

The next thing they got from them (several months after it was picked up) was a bailiff coming out handing them a form saying that they owed them around $5k for the additional time that the equipment stayed on their property after Dad had told them to pick it up and the account had been settled and paid in full.

Dad then called the court and told them the situation that he had called them to come and pick it up and they never came to get it for quite a few weeks. He has the mobile phone records and send it to them. The court told him that this changes everything and they never heard from them again.

Until today. Another bailiff has turned up with a notice to sell for the amount in dispute.

What do you think we should do? Should we get a small claims lawyer like slater and gordon, go to court? not sure what next steps would be as there is no way that Mum and Dad should have to pay them because they were too lazy to come and pick it up.

Thanks All.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 14:11

Nuh. Do it your self and save heaps. If it's a small claim over here in WA then no lawyers are allowed thank goodness. Clear case with good evidence. File it all neatly and counterclaim. Good luck mate.
not legal advice

16bit View Drop Down
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  Quote 16bit Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 14:46
i have spoken to legal aid in tas and my mum and apparently it is already a decision. is there a way they can counter claim or something? the big issue is the claim is against my dad and he is working in qld at the moment. is there anything my mum can do or will dad have to fly back from qld?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 17:06
Why on earth did they not act when they first received the claim? Now it is going to cost thousands to unwind all this due to inaction initially.

Do your parents have any proof of the original notification, if not it probably will be cheaper to just pay the bill.
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.

16bit View Drop Down
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  Quote 16bit Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 17:13
no they were never given anything. the original bailiff wouldn't leave anything with them apparently so they never had any in writing communication from them. do they have the right to get the documents produced? would they have had to sign the documents to say they received them?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 17:34
What they need is proof that they advised the hire company that the equipment was finished with and ready to be picked up. If they do not have that it is just their word against the that of the hire company.
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.

16bit View Drop Down
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  Quote 16bit Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 17:41
they have the phone records. if its too late and the judgement stands is there a chance to appeal or counter sue

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/August/2012 at 17:49
No, but it will cost money to reopen the case. You will need the help of an experience solicitor to do this.
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.

16bit View Drop Down
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  Quote 16bit Quote  Post ReplyReply Direct Link To This Post Posted: 03/August/2012 at 08:53
cool, thanks for the help. dad is going to call the courts this morning and find out what happened and try to get copies of the documents. he is then going to all legal aid and get some advice on what to do next.

Atikin View Drop Down
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  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 07/August/2012 at 14:32
That sounds like exactly the right thing to do. I am guessing that it went to court and the decision went against your parents b/c they didn't defend the claim or even show up. That's usually how it works. If they have any reason for not showing up that will help their case. good luck.

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