SA Footy

Ok here goes, bear with me.
I sold an engine to an interstate trade customer on a 30 day acct. long story short after 90 days and numerous phone calls, promises of Payment etc I put him into a debt collector. A week or so after I get an invoice faxed to me from him saying engine was cactus repairs are 500 more than the cost of the engine. I ignored it and told debt collectors they said they'd seen it all before etc etc ignore it. Now almost 6 weeks after I put him in I get an email from collectors saying apparently I owe him money for repairs and he wants to take me to court to recoup his costs. What do I want to do. I have never been consulted over repairs or what "the issue" was, just got the bill which according I him I have to pay even though the engine still hasn't been paid for.
I get the impression collectors don't want to continue because it's all too hard
Has anyone had any experience with a similar situation to give some sort I advice, I realise it's hard but all comments ( apart from lectures about giving credit) are welcomed. The money owed to me isn't enough to send me under but is a reasonable amount for a small business.

Was it a secondhand engine or something you did some work on ?

LOL at "Big Sexy"posting a topic "Long Story any one have experience in the following??" Bound to attract some interest, this thread!

FWIW I'd play the waiting game on his possible court action and just instruct your guys to keep trying to collect!

Can you have the "repaired" item seized back if it hasn't been paid for?

Purely guesswork, but I would have thought that the title of goods remains with you if your customer has never paid for it .. Meaning this bloke (allegedly) spent money to have work done to YOUR product/item, which of course you didn't authorise.

I don't know the legalities at play here, is there enough value in the item to warrant the expense of legal advice?

Id be calling a lawyer and have an initial chat over the phone that would probably be free, they can then say if legal action is worth it or not. Do you know the financial status of this bloke? No use chasing and spending money if your never going to get it anyway, even with legal action.

Leon Byner on 5AA has a lawyer on his show weekly that takes some calls and offers free advice, might be worth a call.

FWIW JK is on the right track and I cant see any reason he could charge you back. Id probably start writing down all the actions you have taken to date, including phone calls etc as a diary if needed in court.

Theoretically, if it has a warranty, then it would need to go through an authorized repairer. If he's gone somewhere else, different story.

Also, most companies would have a clause somewhere about the goods remaining property of the company until all monies are paid. If he hasn't paid, it is not his property to have work done on.

Third, you obviously have no contract between yourself and the repairer. Only the twat who hasn't paid does. Not your problem.

Dutchy wrote:Id be calling a lawyer and have an initial chat over the phone that would probably be free, they can then say if legal action is worth it or not. Do you know the financial status of this bloke? No use chasing and spending money if your never going to get it anyway, even with legal action.

Leon Byner on 5AA has a lawyer on his show weekly that takes some calls and offers free advice, might be worth a call.

FWIW JK is on the right track and I cant see any reason he could charge you back. Id probably start writing down all the actions you have taken to date, including phone calls etc as a diary if needed in court.

Tony Kerrin @ Johnston Withers

JK wrote:Purely guesswork, but I would have thought that the title of goods remains with you if your customer has never paid for it .. Meaning this bloke (allegedly) spent money to have work done to YOUR product/item, which of course you didn't authorise.

I don't know the legalities at play here, is there enough value in the item to warrant the expense of legal advice?

I think this advice is sound.
Ring the Law Society and go to a lawyer who knows the field.
Get your writ in first then he has to defend it .

I used to use a lawyer rather than a debt collection agency for ordinary debt collections before I went to Melbourne in 1999.
He was very effective - unfortunately I can't remember his name ...

JK wrote:Purely guesswork, but I would have thought that the title of goods remains with you if your customer has never paid for it .. Meaning this bloke (allegedly) spent money to have work done to YOUR product/item, which of course you didn't authorise.

I don't know the legalities at play here, is there enough value in the item to warrant the expense of legal advice?

Absolutely. He has carried out works on an item that you still own.

Will keep an eye on this one as I am interested on the outcome.

BS.

Im no lawyer, but have done some study, have a look at the Sale of Goods Act 1895. Section 35 has some info in there about acceptance.

I'll give you some advice, but you'll have to deposit $300.00 into my trust account before I say aynything.

Oldest trick in the book
Ring the Law Society and find out the name of someone who will give you the first interview for free.

On second thoughts, he's probably done it so many times, its standard practice
So go to Slater & Gordon and get the Big Sexy class action up and running

Hellboy wrote:Oldest trick in the book
Ring the Law Society and find out the name of someone who will give you the first interview for free.

On second thoughts, he's probably done it so many times, its standard practice
So go to Slater & Gordon and get the Big Sexy class action up and running

Big Sexy Class Action

Sounds like a movie...

Ron Burgundy wrote:BS.

Im no lawyer, but have done some study, have a look at the Sale of Goods Act 1895. Section 35 has some info in there about acceptance.

Hasnt been updated in 117 years????

Bum Crack wrote:I'll give you some advice, but you'll have to deposit $300.00 into my trust account before I say aynything.

By trust acct you mean tab acct right?!
Thanks for everyone's advice, this is something that's costing me a bit of sleep even though it shouuldnt. We are MTA members and as such are entitled to advice from there lawyers, their initial answer is I don't have to warrant something that hasn't been paid for but they will look into it properly. I will keep you all updated on any happenings. As a couple of you have said MTA seem to think this would be common practice for him so he had experience and im trying to call his bluff.
He also has posted on a national auto dismantlers parts locating site some derogatory stuff about my business, guessing fishing for a response. Think that's a good thing I it does go to court.

mickey wrote:

Ron Burgundy wrote:BS.

Im no lawyer, but have done some study, have a look at the Sale of Goods Act 1895. Section 35 has some info in there about acceptance.

Hasnt been updated in 117 years????

Why amend an Act of Parliament if it still applies to today's society

IIRC the Water Works Act 1932 is still in use today......

Just for everyone's info, the act has been amended, I believe it's now a national act, ACL I think it is. Basically says a customer has to get "reasonable" use out of a product.

all the advice ive been given is go for it he doesnt have a leg to stand on but it will be long and stressfull. ive got better things to do and more important things to worry about than wankers like BENNET MOTOR WRECKERS in dandenong who dont pay their bills so we are going to write the debt off.
thanks for everyones advice.

should have known better than to think this was over when i wrote off the debt (without him knowing)
i get a phone call from my debt collection company and in particular my agent saying she received an email from him requesting they start proceedings against me for money i owe him. invoice they sent through is ridiculous, makes no sense, except for the part that says faulty motor fitted, vehicle never left hoist, then the next line is a tow fee....

Towed onto the hoist? Lol