In need of a debt collector

[maglite]

As a last resort you could always hire a "dog"

Apparently, some charge as little as 10% of the gross and have been known to be very effective........or so im told.

[Bob38S]

...
Again from my experiences in a previous life I know of a subcontractor who erected a frame for a builder (not us ) that went into receivership before payment was made to the subcontractor. This subby thought it was okay to remove the frame and then reuse the timber on another job.

Unfortunately for him the receiver didn't agree and made the police prosecute for theft and he sued the subby for the value of the job that he demolished. Again unfortunately for the subby the magistrate agreed with the receiver, found the subby guilty and gave him 6 months and he had to pay the receiver for the damage and after 2 years got 10cents in the dollar back. :mad:

Peter.

As per usual - the court system gives you legal procedure not Justice.:mad::mad:
Bob

[keith53]

Totally irrelevent to the discussion as Guy has been paid for the materials used but not for his labour.

BTW anything built on a property attaches to the land and later removal because of nonpayment is theft, notwithstanding that you may not have been paid for the work or the materials.

Again from my experiences in a previous life I know of a subcontractor who erected a frame for a builder (not us ) that went into receivership before payment was made to the subcontractor. This subby thought it was okay to remove the frame and then reuse the timber on another job.

Unfortunately for him the receiver didn't agree and made the police prosecute for theft and he sued the subby for the value of the job that he demolished. Again unfortunately for the subby the magistrate agreed with the receiver, found the subby guilty and gave him 6 months and he had to pay the receiver for the damage and after 2 years got 10cents in the dollar back. :mad:

Peter.

I must admit, I'm struggling to see where the fairness is here. Here's a glaring example of a law that needs to be changed quickly.:mad:

[echnidna]

They're experienced in avoiding paying their bills so conventional legal action will cost and while you might "win" you still might not get the money!!

So you have to be a little unorthodox,
And its a battle of legal tactics.
They have assets,
You may be able to place a lien on their property
together with a caveat on title.
As soon as a caveat is placed on title they are notified.
So they are forced to contact lodger of the caveat.
At that time maybe a threat of bankruptcy by your lawyer is sufficient.
But do all of that through a smart lawyer.

Starting bankruptcy proceedings is interesting and legitimate.
As soon as that happens all debtors will swoop in like the hounds from hell.

[Phil Spencer]

Hi All
Done some work for someone over a few weeks ( 6 in all) renovating there rental property. Sent her a final invoice 2 weeks ago and she prommised to direct debit my account the following day. Well nothing has been credited nad she does not answer her phone or respond to any emails.
Found out today the other contractors that were there have not been paid either, Have sent her another letter last monday which has been returned " not known at this address" .
So does anyone know any one with a big crowbar and lots of muscals ar a debt collector i can turn to.
Or even some free legal advice as i cant afford a sollicitor and has put me in very difficult position finacially at the moment.

Hi Guy

You live in Melbourne we use Pruscha foe a small fee they are usually helpful.

Good luck

Phil

[ozwinner]

Hi Guy

You live in Melbourne we use Pruscha foe a small fee they are usually helpful.

Good luck

Phil

Yeah I tryed Prushka a coupla months ago to collect $2000 from a small builder.
They are about as useful as tits on a bull.

Ill just wait awhile to get revenge.

Al

[Sturdee]

They have assets, You may be able to place a lien on their property together with a caveat on title.

Bit more complicated than that Bob. Firstly you must satisfy the Registrar of Titles that there is no dispute about the amount claimed and that in fact there is a debt, eg a Court judgment. If the other party advises the Titles office that there is a dispute and there is no court judgment to disprove such claim they will not register it and tell you to obtain a Supreme Court order.

Starting bankruptcy proceedings is interesting and legitimate.
As soon as that happens all creditors will swoop in like the hounds from hell.

The biggest problem with that is that the petitioner creditor has to underwrite the costs of the bankruptcy until the liquidator that is appointed can sell any assets to pay for it. I know of someone who went that path and not only did he not get any money back he had to pay an additional $2000 to pay to have them placed in bankruptcy. Of course the other creditors will swoop but they won't have to pay any of the costs if there is insufficient funds to meet the liquidation.

Again, as remarked, it is a legal system and not a justice system. It ought to be reformed but never will because the fat cats and their mates will have too much to lose.

Peter.

[Bodgy]

I suggest you try to collect the debt yourself, before trying legal means, which would probably cost more than you would get back.

Its unclear from your post as to whether the debtor is renting the property or the owner of the property. Just because the letter was returned 'not known' doesn't mean she still doesn't live there. Its easy to not answer the phone and ignore emails, suggest you front up yourself. This is very uncomfortable for the debtor and usually works - to a greater or lesser extent.

Always assuming that you have the address where she actually lives. If you don't get a result when you front her, make a bit of a fuss. Enough so the neigbours hear. Embarrass the women.

Its worth trying a bit harder, even if you feel uncomfortable with it.

$5K should be strenuously chased.

[black.mac]

I used "Prushka" to collect bad debts from time to time. They usually pester the living daylights out of the bad pay, If that does'nt work they will take the matter to court-which costs a bomb. Probably the old saying still applies pretty well, "A bad compromise is better than a good law suit."

[Guy]

Had an email from this F^&*(ng woman and claims that my invoice is outragous and she claims she has spoken to me about it many times, she also claims the works were not completed to her satisfaction.

I met with her 3 weeks ago and she pointed out 2 areas where paint needed to be touched up, this was done tha following day. She also requested that i get the locks changed which i did the day the carpet people were there, as i told her i needed 2 hours to get the locks rekeyed.
The following day she had someone else come in and rekeyed them again.
She does not repond to my calls and email.

She advised that she has engaged someone else to do all the stuff she wants done that i supposedly did not do. (quoted but not authorised to proceed)
I worked from her schedule of what she wanted doing and quoted accordingly against that, she changed her mind on 1 item but i decided to do the work as it would not have been any greater cost to me.

She says she wil pay minus the $4000 she claims the other guy wants to fix the items i did not quote for.

I have contacted Chartered Mechantile whom charge around 6% if they are succesful, there rates seem fare as long as she does pay up.
My solicitor is contacting her tomorrow and has advised that as she has been using her companies email to send any communications and gave me the authorisation to proceed with work. I will be able to claim the debts through her business (she owns the business), even though she own the property directly.

It is also easier to place a default listing against her company, which will be instigated tomorrow.

I have every thing is in black and white and i have copies of all communictions whether by email or SMS. I always confirmed the changes she wanted and quoted accordingly. As i did not get a responce to the variation quotes i sent here i did not undertake the work as i had not been authorised to do so.
My previous job was a project manager dealing with builders all the time.

I will keep you informed, but it doesnt help me as all i have is 60c in the bank and am totally screwed as i have bills to pay like everyone else here.

Guy

[Gaza]

Fing bitch,

so over people like this, i too are in same boat got one company that i suby to for 2 months owes me around 3k, stop working them 2 weeks ago still no cash but its better to sit at home than go to work for free.

I have started Security of payment action against them, the idea is to have a ruling from adjudicator within 3 weeks then can enforce the ruling through court.

Any one know where you can work and get paid every week let me know, maybe its the building industry.