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Not been paid for work undertaken - what are our options ?

Not been paid for work undertaken - what are our options ?

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Old Mar 1st 2007, 6:47 am
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Default Not been paid for work undertaken - what are our options ?

I'd appreciate any advice or suggestions here...

My wife works as a marketing consultant and completed a piece of work for a small firm last October. Despite 4 reminders the guy has not paid. She sent a final invoice last week stating that failure to pay within 7 days would see a 10% surcharge added - usually the spur to get folks to cough up. Still no payment, despite a mail from him saying he was surprised this was outstanding and he would look into it. We sent a final demand on Wednesday stating that if payment was not made in full be Friday then we would hand it over to an agency who would act on our behalf. His only response was that he was still looking into it, and by the way we do not need your services anymore - as if my wife is interested in working for this clown.

I'm planning to call him tomorrow and put on my heaviest and roughest west coast of scotland accent and give him the impression that I work for a debt collection agency in the hope that he'll decide to pay.

I'm not sure what the legal options are from here ? Is there such a thing as a small claims court ? He only owes just over $1,000 so don't really want to engage lawyers and send letters etc.

Any ideas ? Any burly blokes in the Frankston area fancy making a few bucks ?!

Cheers.
Haggis
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Old Mar 1st 2007, 6:54 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by haggis supper
I'd appreciate any advice or suggestions here...

My wife works as a marketing consultant and completed a piece of work for a small firm last October. Despite 4 reminders the guy has not paid. She sent a final invoice last week stating that failure to pay within 7 days would see a 10% surcharge added - usually the spur to get folks to cough up. Still no payment, despite a mail from him saying he was surprised this was outstanding and he would look into it. We sent a final demand on Wednesday stating that if payment was not made in full be Friday then we would hand it over to an agency who would act on our behalf. His only response was that he was still looking into it, and by the way we do not need your services anymore - as if my wife is interested in working for this clown.

I'm planning to call him tomorrow and put on my heaviest and roughest west coast of scotland accent and give him the impression that I work for a debt collection agency in the hope that he'll decide to pay.

I'm not sure what the legal options are from here ? Is there such a thing as a small claims court ? He only owes just over $1,000 so don't really want to engage lawyers and send letters etc.

Any ideas ? Any burly blokes in the Frankston area fancy making a few bucks ?!

Cheers.
Haggis
Had similar trouble in Glasgow with a car sales garage and told him we were coming back to burn his garage down. It worked but its a bit dodgy.
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Old Mar 1st 2007, 7:42 am
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Default Re: Not been paid for work undertaken - what are our options ?

It may come to a spot of arson about


Originally Posted by framac
Had similar trouble in Glasgow with a car sales garage and told him we were coming back to burn his garage down. It worked but its a bit dodgy.
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Old Mar 1st 2007, 7:46 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by haggis supper
I'd appreciate any advice or suggestions here...

My wife works as a marketing consultant and completed a piece of work for a small firm last October. Despite 4 reminders the guy has not paid. She sent a final invoice last week stating that failure to pay within 7 days would see a 10% surcharge added - usually the spur to get folks to cough up. Still no payment, despite a mail from him saying he was surprised this was outstanding and he would look into it. We sent a final demand on Wednesday stating that if payment was not made in full be Friday then we would hand it over to an agency who would act on our behalf. His only response was that he was still looking into it, and by the way we do not need your services anymore - as if my wife is interested in working for this clown.

I'm planning to call him tomorrow and put on my heaviest and roughest west coast of scotland accent and give him the impression that I work for a debt collection agency in the hope that he'll decide to pay.

I'm not sure what the legal options are from here ? Is there such a thing as a small claims court ? He only owes just over $1,000 so don't really want to engage lawyers and send letters etc.

Any ideas ? Any burly blokes in the Frankston area fancy making a few bucks ?!

Cheers.
Haggis


this is a common delay tactic, He just says he's looking into it.
and has never said he wont pay, so is it's hard to process in the courts.
try this site for small claims,,


http://www.vcat.vic.gov.au/CA256DBB0...laims~&2=~&3=~
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Old Mar 1st 2007, 7:50 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by haggis supper
Is there such a thing as a small claims court ?
Haggis,

I had a look on google and the small claims court procedure is there. Have a look here:
http://www.bfso.org.au/ABIOWeb/ABIOW...9?OpenDocument

If this link doesn't work, go to : www.google.com.au
Then type in: "small claims court"+melbourne

Gina
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Old Mar 1st 2007, 8:04 am
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Default Re: Not been paid for work undertaken - what are our options ?

My view is that you should make the outstanding invoice the biggest problem on his desk. Engage a solicitor with a view to lodging a Complaint in the Magistrates Court - the claim to include interest and legal costs.

Best regards.



Originally Posted by haggis supper
I'd appreciate any advice or suggestions here...

My wife works as a marketing consultant and completed a piece of work for a small firm last October. Despite 4 reminders the guy has not paid. She sent a final invoice last week stating that failure to pay within 7 days would see a 10% surcharge added - usually the spur to get folks to cough up. Still no payment, despite a mail from him saying he was surprised this was outstanding and he would look into it. We sent a final demand on Wednesday stating that if payment was not made in full be Friday then we would hand it over to an agency who would act on our behalf. His only response was that he was still looking into it, and by the way we do not need your services anymore - as if my wife is interested in working for this clown.

I'm planning to call him tomorrow and put on my heaviest and roughest west coast of scotland accent and give him the impression that I work for a debt collection agency in the hope that he'll decide to pay.

I'm not sure what the legal options are from here ? Is there such a thing as a small claims court ? He only owes just over $1,000 so don't really want to engage lawyers and send letters etc.

Any ideas ? Any burly blokes in the Frankston area fancy making a few bucks ?!

Cheers.
Haggis
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Old Mar 1st 2007, 9:22 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by Alan Collett
My view is that you should make the outstanding invoice the biggest problem on his desk. Engage a solicitor with a view to lodging a Complaint in the Magistrates Court - the claim to include interest and legal costs.

Best regards.
Yup... He who shouts loudest, etc...
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Old Mar 1st 2007, 10:12 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by haggis supper

I'm not sure what the legal options are from here ? Is there such a thing as a small claims court ? He only owes just over $1,000 so don't really want to engage lawyers and send letters etc.
On the upside, if there is a judgement against him, when he goes for a loan or any credit, it will appear on the Credit Reference Association of Australia. It will make it harder for him to get credit or at least warn others that he is a bad debt risk.
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Old Mar 1st 2007, 10:20 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by Alan Collett
My view is that you should make the outstanding invoice the biggest problem on his desk. Engage a solicitor with a view to lodging a Complaint in the Magistrates Court - the claim to include interest and legal costs.

Best regards.
When I used to prepare the docs for the firm I worked for to send to the solicitors, you'd be surprised how many did pay up, although a few had judgements made against them.
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Old Mar 1st 2007, 10:22 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by haggis supper
It may come to a spot of arson about
Shame your not in WA

Know just the fella for this job
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Old Mar 1st 2007, 10:34 am
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Default Re: Not been paid for work undertaken - what are our options ?

Use this mob haggis, It will work guaranteed. Wont cost you, just the other party, and is the best in Melbourne if not the Country.


http://www.kenyons.com.au/
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Old Mar 1st 2007, 10:49 am
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Default Re: Not been paid for work undertaken - what are our options ?

Originally Posted by framac
Had similar trouble in Glasgow with a car sales garage and told him we were coming back to burn his garage down. It worked but its a bit dodgy.
Try that here and you might get a knock on the door yourself by the boys (or girls) in blue. There are plenty of professionals, you know the ones in black, wearing shades and driving black BMW's of Mercs or riding Harley Davidsons.

Last edited by The Bloke; Mar 1st 2007 at 10:51 am.
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Old Mar 1st 2007, 8:13 pm
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Default Re: Not been paid for work undertaken - what are our options ?

Many thanks for all the help and advice - much appreciated. I'll see how he responds today and will then most likely engage a solicitor and up the stakes.
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