Buyer has item but won't pay.

[jbd73]

I stupidly sent off the item before the buyer had payed.

Now I've had to start an unpayed item case. If the buyer still refuses to pay, how's it going to pan out? Will I lose the item and my money ($455.00)?

[collect247]

You would need to send them from NSW as I don't think there are many goons in QLD

[clarry100]

As far as I'm aware for small amounts (like under $1500) you take the case to the small claims tribunal.

This doesn't cost you anything. But some time.

You present your own case and they present theirs.

Then the judge will make a decision on the spot which is legally binding and there are no appeal avenues. Its final.

I used them a few years ago in QLD when I wanted to dispute a bond withold from a rental agent that I thought was unfair.

I won the case and the agent had to give me back the bond money they witheld.

And cost me nothing but the time to put together my evidence and get a couple of supporting statements from people who knew what had happened. And the time to show up on the day.

The house owners paid the agent to appear for them so would have cost them more than the $300 they lost to me.

Don't know how it works across state lines tho. But there must be a way to do it.

[jbd73]

Thanks clarry. Crikey*mate reckons that jurisdictions don't matter so I've nothing to lose but my time, everything to gain.

Just sent this email to buyer, might shake him up a bit.

As you are aware the invoice (Email reference id: [#382d0ab2fbd94b7b8a8fa798c7613cb2#]) for the above item remains unpaid by you. Despite numerous reminder emails the debt remains owing.

What was a simple breach of contract civil action, has now, due to your fraudulent assertion of payment (Email reference id: [#4c3b37637437425dabc3ac68c2aa837c#]) become of interest to the QLD Internet Fraud Department. http://www.police.qld.gov.au/programs/cscp/eCrime/internet/report/

Accordingly, this is my final demand for payment. Failure to pay will result in police or civil action or both.


- jbd73

[clarry100]

OK so you are in NSW.

If you open a small claims case against him in your local court, NSW.

Then he will get a notice to appear on the scheduled date.

He would then have to bear the cost to travel to NSW for the case of course.

If he fails to appear then you win by default I would think.

If he travels then the expense of that will likely be more than he owes you and he will lose that and likely the case against him.

So he will possibly just pay up as that's his best option.

Then the small claims case is closed of course.

Seems this would be a good way to go.

[jbd73]

Thanks clarry,

I've just been to the NSW law assist website.
Very helpful. Seems a simple and inexpensive process and quite informal; no lawyers required.
I have right on my side with all its accompanying paperwork, so he'd have to cave and pay when served the papers, one would think.
Who knows, the above threat may shake loose his wallet, if not, I have a letter of demand ready to go.

[djk.69]

Be aware that a telephone hearing can be scheduled if the two parties are in different states.  But hey, if it is a telephone hearing he still has to 'appear' - it'd be interesting to find out what he had to say.  

And don't forget the old saying 'lies have short legs' - so if he think he has a HinH of winning, he'd better have a good memory.

Hopefully it will be resolved long before that.

[*crikey*mate*]

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@mooni05 wrote:

That isn't a bad idea but I think that they would take a cut of what is owed and give you the rest but I'm not sure what %,and they I think give you the money from their own coffers and then persue the villian but don't quote me on my assumption as I am 99% wrong most of the time lol

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I don't know either LOL

I just know what happened over my sons gym membership.

The whole family are members, and they're supposed to take the money out of our account each week. We all signed up on the same day, and the other three all come out just fine, but for some reason, they take his out 2 days later and it is attached to some credit card (we don't own a credit card???).

We've tried to sort it out heaops of times, but to no avail

so every few weeks we get a phone call from someone demanding payment .... all over $12 a week...

wish they'd just sort their book work out.

[*crikey*mate*]

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@mooni05 wrote:

You would need to send them from NSW as I don't think there are many goons in QLD

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LOLOL

yep. we're rounding all the bikies and people with tattoos up...

*rolls eyes*

[lyndal1838]

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@crikey*mate wrote:

keep copies of everything and document it.

like a diary iykwim.

also, not sure how they work, but what about a debt collection agency? Is this an area for them?

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Debt collection agencies are for after you get a court order but they charge a bomb...really only useful for debts in the thousands of $$.

[lyndal1838]

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@mooni05 wrote:

That isn't a bad idea but I think that they would take a cut of what is owed and give you the rest but I'm not sure what %,and they I think give you the money from their own coffers and then persue the villian but don't quote me on my assumption as I am 99% wrong most of the time lol

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Selling a debt to a collection agency is really only practical for large amounts of money or businesses that have ongoing bad debts.

Agencies will often only give you 25-50% of the amount owing to you.