Opinions please on SNAD

[keysandcaps]

Afternoon all , Just would be interested in a few opinions on a radio i recently purchased , it was listed as new (other) , title and description stated NOS ( new old stock).

 Now the the radio was shown in its original polystyrene foam packaging , 3 pictures all up , 2 showing it in the packaging and one close up of the radio.

 Fantastic , Radio arrived as shown in the packaging , all good , very happy chappy ,

 now move forward a week and a half , seller lists more of the same radio as buy it now, has 6 listed , no problem , i buy all six ,

 when the 6 radios arrived , they had No packaging and they were just wrapped in plastic shopping bags with one layer  of bubble wrap.

 As these units are approx 30 years old and proving that an item of that age is in fact new old stock, I believe the packaging has a significant impact on the value .

What i suppose i am asking here is , do others think that, as they arrived with no packaging but loose and just wrapped in plastic shopping bags , do i have a reasonable expectation to be a bit more than disappointed here?

on a item of that age , the value does have a lot to do with the original packaging.

 I tried to sort it out with the seller involved but he just kept side stepping the issue and wouldnt give a direct response.

 I honestly think he threw out the original packaging and repacked them to make the parcel smaller for postage but he wont admit to any thing.

[i-love-my-sheep]

I engaged the help of a lawyer because they did. I thought I would have no chance against them as I speak medical, not legal. The first couple of court visits were in Sydney and I represented myself. It was only when I successfully had the case transferred to my local court that I engaged the lawyer.

As it turns out, their lawyer was 'sick' and unable to make the 560km round trip to my town to represent them. They tried to get me using Consumer Law, but as the magistrate stated, I am not a business, it was a one off item, therefore CL didn't apply. He then ruled in my favour.

The magistrate stated that the buyer had to pay all my legal costs, plus other expenses incurred, including trips to Sydney and lost wages from having time off work.

It's been over 12 months, so I'm not sure I could do anything now as far as getting any money out of them.

I am still not a business. I am selling off some low value stuff I bought I few years ago and once that's gone, it's doubtful I will continue to sell. The item in question that took me to court was nearly $8,000. I would be quite surprised if someone wanted to take me to court over a $10 rock.

[tall_bearded01]

What you seem to have obtained is what is called a Summary Judgement. Furthermore considering the kind of buyer you were dealing with - engages a solicitor and then initiate proceeding over a $10 rock - it's a fair bet that they ran up a pretty hefty legal bill themselves and their solicitor may be having a few problems getting paid, but that there problem.

As the actual forms and process varies from state to state, all you need to do is go back to the court and speak to the Registrar, and tell them you are now unrepresented, that you have an order as to costs and wish to pursue it, and could they provide you with the necessary forms and details as to the process.

Now they can’t give you advice on how to formulate your claim, but what they can provide you with literature which informs of the process, and a copy of the schedule that tell you what you can claim and any ceiling if they apply.

Now this costs you nothing and therefore is worth pursuing, and then when you know what’s involved and how much it costs, that’s the time when you need to make a decision as to whether to proceed or not.

[i-love-my-sheep]

The item that landed me in court was a nearly $8,000 food van. They raised the SNAD due to it not being registered, despite it clearly stating that in the ad and I even sent her a message after she hit the BIN as I had a feeling she probably hadn't read the listing. The items I am offloading now are $10 rocks, which I don't think would land me in court. I'd hope not anyway!

Thanks for that info. I'll see if I can find the court documents and go down to the courthouse. It can't hurt to try.

[cq_tech]

If it's not a rude question sheepie, what is the amount of the unpaid costs that you are seeking? If, as TB01 says, you can pursue the case at no cost to yourself, as long as it's in excess of a couple of hundred dollars or so, it would be well worth investing a bit of time and effort in chasing them down for the money they owe, particularly if there's a good chance that you'll be successful.

[modestbods]

It's NSW yes sheepy...

Costs of enforcing a judgment

http://www.lawassist.lawaccess.nsw.gov.au/lawassist/recovery_of_goods/getting_your_goods_back/legal_...

If you win your case and get judgment in your favour, it can cost money to enforce that judgment. There are fees to pay when you try to enforce a judgment. You can add these kinds of fees to the amount that the debtor has to pay you. You may not be able to get the fees back if you can't find the defendant or if the defendant has no money or assets.

For more information on enforcing a judgment and the costs involved, seeEnforcing a judgment.

Enforcing a judgment

http://www.lawassist.lawaccess.nsw.gov.au/lawassist/recovery_of_goods/getting_your_goods_back/enforc...

If you want to enforce a judgment for the recovery of goods, you will need to file a Notice of Motion for a Writ for the Delivery of Goods with the Local Court. This allows the court to make an order that the sheriff go and collect the goods from the defendant.

 If you want to enforce a judgment for a money amount, such as for payment of the value of the goods, for lost or damaged goods, for damages, or for costs, there are a number of options you can use, such as:

• serving an Examination Notice to find out what property or money the defendant has
• getting the Sheriff to sell the defendant’s property
• serving a Garnishee Order on the defendant’s bank or employer.

For more information about what to do, see Enforcing a judgment in the ‘Debt – small claims’ topic of this website.

Enforcing a judgment

http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_debt_small_claims_home/lawassist_does_...

If there is a judgment for the defendant to return your goods or pay you money and the defendant doesn’t pay the money or return the goods, there are some things you can do. This process is called 'enforcing the judgment' or 'enforcement'.

You have 12 years from the date of the judgment to enforce it.

Before you take action to enforce the judgment, you should consider whether the defendant  has any income or assets to pay the debt, or pay for the value of the goods if the goods cannot be returned. You will have to pay fees for some types of enforcement action. These fees will be added to the judgment debt, but if the defendant does not have any way of paying you may waste your money.

 After judgment has been awarded, the defendant is also known as the judgment debtor.

You can add the cost of enforcement (such as filing and service fees) to the amount you are claiming.

You can also add interest to debt from the date of the judgment until it is paid. This is called post judgment interest.

If you want to enforce a money order of the NSW Civil and Administrative Tribunal (NCAT) you must first register it as a judgment of the Local Court. For information on how to do this, see Enforcing NCAT orders - Step by step guide.

 Orders of the Consumer, Trader and Tenancy Tribunal (CTTT) can still be enforced. An order of the CTTT is treated as an order of NCAT and you can follow the same steps to enforce it. For information on how to do this, seeEnforcing NCAT orders - Step by step guide.

You can enforce a judgment in the following ways:

• Writ for the Delivery of Goods (N/A)
• Writ for the Levy of Property
• Garnishee Order
• Examination Notice
• Bankruptcy
• Winding up a company

  Writ for the Levy of Property

You can ask the court to authorise the sheriff to seize and sell property belonging to the judgment debtor to pay the debt.

In many cases the arrival of the sheriff with a writ will encourage the judgment debtor to take steps to avoid the sale of their property. They may instead make an application to the court to pay by instalments, or may contact you to try and come to some arrangement. 

For more information, see Writ for the Levy of Property.

Garnishee Order

You can get an order from the court to have money taken from the judgment debtor's bank accounts or wages, or from anyone else who holds money on behalf of the debtor. For example, a real estate agent who collects rent on the judgment debtor's behalf.

For more information, see Garnishee Orders.

Examination Notice

If you are unsure about the judgment debtor's financial position, you can ask the judgment debtor to provide you with information about their income and assets. This is done with an examination notice or an examination order. This information can help you decide whether to take further enforcement action and what action to take.

For more information, see:

• Examination Notice - Step by step guide
• Examination Order - Step by step guide.

Bankruptcy

If the judgment debt is more than $5000 you can have the judgment debtor declared bankrupt by applying to the Federal Circuit Court or the Federal Court. However, this is an expensive and complex way of enforcing the debt and you should get legal advice before taking this action.

Winding up a company

Winding up is similar to bankruptcy. To wind up a company you must show that it is insolvent (unable to pay its debts). This can be done by issuing a statutory demand. If the judgment debtor company does not respond to a statutory demand within 21 days you can file an application for a winding up order in the Supreme Court. This is an expensive and complex way of enforcing the debt and you should get legal advice before taking this action.

[modestbods]

---

@cq_tech wrote:
If it's not a rude question sheepie, what is the amount of the unpaid costs that you are seeking? If, as TB01 says, you can pursue the case at no cost to yourself, as long as it's in excess of a couple of hundred dollars or so, it would be well worth investing a bit of time and effort in chasing them down for the money they owe, particularly if there's a good chance that you'll be successful.

---

tb01 only said that it costs nothing to ask the registrar for 'how to' literature/information, he didn't say it cost nothing to pursue/enforce.

---

@tall_bearded01 wrote:

Now this costs you nothing and therefore is worth pursuing, and then when you know what’s involved and how much it costs, that’s the time when you need to make a decision as to whether to proceed or not.

---

[i-love-my-sheep]

CQ, it's about $3,900. Half of what I got for the food van. Which makes me wonder now why I bothered to sell it!

[i-love-my-sheep]

Thanks for all the info. I have 6 days off coming up in 8 days, I might look at doing something then when I have plenty of time. I thought it would be too late to do anything now...........plus I would have had no idea how to pursue it.

Thanks to everyone who has contributed info from various sites/pages. It's been a HUGE help!

[modestbods]

---

@i-love-my-sheep wrote:

CQ, it's about $3,900. Half of what I got for the food van. Which makes me wonder now why I bothered to sell it!

---

That's okay sheepy, if you enforce the costs order there's a chance you might just have the opportunity to purchase the van back for even less via a sherrifs auction (plus get your $3,900 back).

Who knows, you might have just found your 'Allan Bond'. 

[cq_tech]

Bloody hell sheepie, you're not talking peanuts there! That's a pretty substantial amount of money and well worth chasing up, particularly if you're in a position to do it yourself. Even if you value your time at $40 per hour, that gives you almost 100 hours to put towards your efforts, so why aren't you already down at the courthouse speaking with the Registrar?