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Disputes Tribunal
Posted by Raewyn G
Raewyn G
Disputes Tribunal January 11, 2005 06:52AM |
Can anyone help with details on how a person lodges a claim with the Disputes Tribunal. I have someone who owes me some money (around $180) and although its only a small debt, this company needs to face their responsibilities and the fact that they need to pay me for someone else rectifying their shoddy workmanship.
Any advise would be appreciated.
Thank you
Regards,
Raewyn G
Any advise would be appreciated.
Thank you
Regards,
Raewyn G
Re: Disputes Tribunal January 11, 2005 08:07AM |
Go to your PN District Court Raewyn and the people at reception will provide you with the necessary forms to fill in - the Tribunal comes under the umbrella of the Justice Dept.
When you get to the Tribunal hearing make sure that you have absolutely ALL paperwork relating to your claim with you to present to the Tribunal.
Best of luck with it.
When you get to the Tribunal hearing make sure that you have absolutely ALL paperwork relating to your claim with you to present to the Tribunal.
Best of luck with it.
Re: Disputes Tribunal January 11, 2005 09:44AM |
To lodge a complaint in the disputes tribunal it cost $30, you need to provide I think 3 copies of all the documents that you will be using as evidence. You go to the District court but there is quite a bit of stuff you need to lodge the claim so you will need to get the forms from them first.
I bought a icecream maker from trade me last year and when it arrived the gell in the freezer bowl was leaking. He refused to refund the money so I lodged a claim, you cannot claim for the cost of lodging the claim only for what the person owes you.
I got the money refunded, he put it into my bank account the night I lodged the claim so I lost $30 if he had done it a day earlier I would not have lodged the claim.....anyway if they are from out of town and you lodge the claim in your city they have to appear there...hope this helps......Jan
I bought a icecream maker from trade me last year and when it arrived the gell in the freezer bowl was leaking. He refused to refund the money so I lodged a claim, you cannot claim for the cost of lodging the claim only for what the person owes you.
I got the money refunded, he put it into my bank account the night I lodged the claim so I lost $30 if he had done it a day earlier I would not have lodged the claim.....anyway if they are from out of town and you lodge the claim in your city they have to appear there...hope this helps......Jan
Raewyn G
Re: Disputes Tribunal January 11, 2005 10:27AM |
Thank you Renee and Jan, I am going to give this turkey one more chance and then whack him with the Tribunal. $30 will be well spent, if justice is done. You may have read before, I'm a great advocate for "Complain and Win"
So thanks so much for your help, that is awesome!!!!
Regards,
Raewyn
So thanks so much for your help, that is awesome!!!!
Regards,
Raewyn
Re: Disputes Tribunal January 11, 2005 08:04PM |
Just be aware Raewyn that even though the tribunal may find in your favour it does not guarantee that the other person will front up with the money - a bit like all the thousands who owe traffic and other fines and drag their feet about paying up.
Good to hear a first hand account of a successful case from Jan - most people with a modicum of integrity will eventually come to the party:/
Good to hear a first hand account of a successful case from Jan - most people with a modicum of integrity will eventually come to the party
Re: Disputes Tribunal January 11, 2005 08:43PM |
Have been watching that new consumer rights programme on TV. Anyway, they suggest that you lodge the claim against the person, rather than the company. Sometimes the company will go into liquidation, so won't have any money to pay. But I think they're more referring to larger amounts of money.
They said there is no guarantees that putting it in the person's name will mean you'll get the money, but they have more to lose if they go into bankruptcy than for a company to be put into liquidation.
I wasn't aware of this until recently, so hopefully it may be useful to somebody.
Linda.
They said there is no guarantees that putting it in the person's name will mean you'll get the money, but they have more to lose if they go into bankruptcy than for a company to be put into liquidation.
I wasn't aware of this until recently, so hopefully it may be useful to somebody.
Linda.
Re: Disputes Tribunal January 11, 2005 09:44PM |
Re: Disputes Tribunal January 12, 2005 10:19AM |
Hi raewyn,
When you see the court receptionist ask about witnisses and if you ha ve one make sure that they are listed.
My sister and I took my father's tennant to court but I couldn't give testimony nor could the neighbour because we hadn't been listed so the ruling went against us and we were left with about $3000 in back rent and damages,
My advice is to check every little detail even if you feel like a complete idiot
when doing so. If you are not sure ASK!!!!
Good Luck
Kay
When you see the court receptionist ask about witnisses and if you ha ve one make sure that they are listed.
My sister and I took my father's tennant to court but I couldn't give testimony nor could the neighbour because we hadn't been listed so the ruling went against us and we were left with about $3000 in back rent and damages,
My advice is to check every little detail even if you feel like a complete idiot
when doing so. If you are not sure ASK!!!!
Good Luck
Kay
Raewyn G
Re: Disputes Tribunal January 13, 2005 06:47AM |
Thanks so much, especially the bit about witnesses. I had thought of that, and if the you know what hits the fan and I do lodge a claim I will request my witness to be present, or at least be able to lodge a written statement.
I have sent a friendly reminder to this person, and hopefully their concience will help them write the cheque. Am I required by law, to give the person warning that I intend to take matters further?
Just another thought.
Thanks again
Raewyn G
I have sent a friendly reminder to this person, and hopefully their concience will help them write the cheque. Am I required by law, to give the person warning that I intend to take matters further?
Just another thought.
Thanks again
Raewyn G
Re: Disputes Tribunal January 13, 2005 07:08AM |
I'm not quite sure whether required by law Raewyn - almost certain it's not - but sometimes the threat of taking it further is quite sufficient to make people stump up the money!
If you do tell them - put it in writing to add to all your other paperwork to present to the tribunal. Just keep it matter of fact - like "as you have not paid the monies you owe me I am writing to inform you that we have a dispute and I will be taking the matter to the Disputes Tribunal" - silly as it sounds it has to be established that there is a dispute in the first place!!!
If you do tell them - put it in writing to add to all your other paperwork to present to the tribunal. Just keep it matter of fact - like "as you have not paid the monies you owe me I am writing to inform you that we have a dispute and I will be taking the matter to the Disputes Tribunal" - silly as it sounds it has to be established that there is a dispute in the first place!!!
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