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-   -   Difficult position with bond (https://britishexpats.com/forum/australia-54/difficult-position-bond-619166/)

discobay Jul 9th 2009 12:32 am

Difficult position with bond
 
When I made my application for independent skilled migration I had to get an Australian citizen to provide a bond amongst other criteria. Not wanting to use my friend's money I offered to transfer the money for the bond. Now it is two years hence and the bond has matured and I believe can be withdrawn. But on the last year I have had difficulty in keeping in touch with my friend and it may be because of an illness that he has. I have emailed him twice asking about the bond but he has not replied. This is very difficult for me as I still think of him as a friend. I don't know what to do.

Big Galah Jul 9th 2009 1:51 am

Re: Difficult position with bond
 

Originally Posted by discobay (Post 7737259)
But on the last year I have had difficulty in keeping in touch with my friend and it may be because of an illness that he has. I have emailed him twice asking about the bond but he has not replied. This is very difficult for me as I still think of him as a friend. I don't know what to do.

Umm, is this for real?

If not, it sounds like you've been terribly naive and your "friend" has probably done a runner with your money.

POW148 Jul 9th 2009 7:41 am

Re: Difficult position with bond
 

Originally Posted by discobay (Post 7737259)
When I made my application for independent skilled migration I had to get an Australian citizen to provide a bond amongst other criteria. Not wanting to use my friend's money I offered to transfer the money for the bond. Now it is two years hence and the bond has matured and I believe can be withdrawn. But on the last year I have had difficulty in keeping in touch with my friend and it may be because of an illness that he has. I have emailed him twice asking about the bond but he has not replied. This is very difficult for me as I still think of him as a friend. I don't know what to do.

This is a very difficult situation to be in. Dont assume that because you emailed your friend that he actually received the email. Try and make contact either by phone or in person. As your friend lodged the bond (your money) only he can withdraw it, and as far as immigration are concerned, that money is his. Good luck with it all.

Barney:thumbsup:

discobay Jul 9th 2009 10:23 am

Re: Difficult position with bond
 
This is for real, as naive as it may sound. I noticed things were not right when he would not answer my mobile calls or return calls after I had left a message. Once my family and I bumped into him and his wife and they were pleasant and chatty. Since then I have spoken to him once when I rang using my new land line he answered but made an excuse to hang up. I understand that the bond is in his name and it would be pointless me even thinking about approaching DIAC or CBA. That being the case what would you do?

wanttobedownunder Jul 9th 2009 11:19 am

Re: Difficult position with bond
 
Hi,

Judging him by his actions I would say he/she has cashed in your bond and spent it, that is why he/she is avoiding you. Sorry to be blunt but if he only answered the phone because he never knew your new number that sounds as if he/she is avoiding you. take some action ASAP go around and pay he/she a visit with a couple of your mates (if you know what I mean) let them explain their actions first (always give someone a chance to explain/bulls**t) and insist that you get your money within one month or you Will be back. On leaving get any reg numbers make/models of cars in the drive just in case.

discobay Jul 9th 2009 2:53 pm

Re: Difficult position with bond
 
That's probably a bit too threatening for me. What rate do you charge? Seriously though, I was just thinking of small claims court if that exists here. Is there a limit? A concern I have is will I be pulled up for using my own money for the bond?

hopalong Jul 9th 2009 4:39 pm

Re: Difficult position with bond
 
A few random suggestions, take your pick...
Visit in person, maybe he isn't avoiding you but just coincidence. Get him to confirm he has cashed it in. Then find out why (just easy money or is he up to his ears in debt?). How do you know this guy, do you have any mutual friends that could perhaps get more info from him than you could? Is he married, the wife may not know anything about it and may be appalled to find out, so maybe talk to her when he is out? Or even go to his parents or siblings if you know where they live. Embarrassment may help to get it back (telling his work colleagues, siblings, friends etc, how about an ad in the local paper stating what he has done, address, where he works, tho maybe that is illegal :rofl:). Maybe try to devise a repayment plan with him? Assume you don't have anything in writing, but do you have any bank documentation showing transfer, any e-mails or letters discussing it? In UK Citizens Advice bureaus have free legal adivce from local solicitors in the evenings, not sure if there is the same thing here, if not maybe pay to speak to a solcitor anyhow?
Not sure of amount, but if all else fails put it down to an "emigration cost", it got you here and how much would you have paid for that?
good luck.

aasmith1957 Jul 9th 2009 6:39 pm

Re: Difficult position with bond
 
Depending on the amount that the bond was,it got you into the country.They have to give assurity to the goverment that if you could not support yourself; he would have to.

You both took the risk to get you here.

discobay Jul 9th 2009 6:44 pm

Re: Difficult position with bond
 
I understand that if I was soliciting the help of a complete stranger then there would be a cost but I was asking a friend for help. We both knew that I was a safe bet and the whole process was just a formality. If he had asked for a kickback I would have gladly paid it. Anyway the bond is $5,000 (plus interest for the last two years). My feeling is that I have a lost a friend so do I just let it slide?

aasmith1957 Jul 9th 2009 7:13 pm

Re: Difficult position with bond
 
If you didnt get his help to start with, would you have still been granted the visa? If the answer is no then it was worth the $5000 to get pr wasn't it.Also if you were a good bet why worry about $5000? think of it as a gift for doing something you needed.It obvoiusly irks you as you also stated the interest for 2 years!

busterboy Jul 9th 2009 7:29 pm

Re: Difficult position with bond
 

Originally Posted by discobay (Post 7739324)
I understand that if I was soliciting the help of a complete stranger then there would be a cost but I was asking a friend for help. We both knew that I was a safe bet and the whole process was just a formality. If he had asked for a kickback I would have gladly paid it. Anyway the bond is $5,000 (plus interest for the last two years). My feeling is that I have a lost a friend so do I just let it slide?

Money and friends...mmh sadly sometimes don't mix. I have found this to my cost in the past too.

If I were you I would try again and be really explicit about looking for your money back. Do you have any mutual friends that you could use to get some messages out?

discobay Jul 9th 2009 7:34 pm

Re: Difficult position with bond
 
My last two emails to him were very explicit but friendly. I have emailed a mutual friend who lives in Victoria but he could only confirm that other friends and ex-colleagues have had problems keeping in touch with him. I will pass on my thoughts to the mutual friend and seek his advice.

petensue Jul 9th 2009 7:50 pm

Re: Difficult position with bond
 

Originally Posted by discobay (Post 7739324)
I understand that if I was soliciting the help of a complete stranger then there would be a cost but I was asking a friend for help. We both knew that I was a safe bet and the whole process was just a formality. If he had asked for a kickback I would have gladly paid it. Anyway the bond is $5,000 (plus interest for the last two years). My feeling is that I have a lost a friend so do I just let it slide?

I understand how you feel as we had asked my brother in law to use his name for the bond which he agreed but only if we paid it.We are due to get it in October and he has already paid us some interest.I know we could not emigrate without it but I would be very upset if we did not get our money back as that was the agreement.

I don't know if the Aussie government would care about where the money came from as long as it is in his name,maybe someone in the immigration section could help you?

I don't really know what you can do as the money is in your friends name.I would try calling him again you never know he might agree to pay you back but not knowing your friend I have no idea if that is likely.Sue

Katherined0 Jul 10th 2009 1:09 am

Re: Difficult position with bond
 

Originally Posted by discobay (Post 7737259)
When I made my application for independent skilled migration I had to get an Australian citizen to provide a bond amongst other criteria. Not wanting to use my friend's money I offered to transfer the money for the bond. Now it is two years hence and the bond has matured and I believe can be withdrawn. But on the last year I have had difficulty in keeping in touch with my friend and it may be because of an illness that he has. I have emailed him twice asking about the bond but he has not replied. This is very difficult for me as I still think of him as a friend. I don't know what to do.

I know you have e mailed and called but maybe you need to just turn up at his house and ask for it back before you pursue some of the other options on here.
It's easy to avoid difficult conversations using e mail or not answer the phone but I think this is a conversation that would be better face to face!

discobay Jul 10th 2009 1:15 am

Re: Difficult position with bond
 
I sort of agree with you but I find it so difficult to contemplate what the meeting would be like especially if he has been intentionally avoiding me. I am thinking of posting a registered letter to him.


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