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aimeejoy
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Topic: Any Ideas.... :( Posted: 27 March 2006 at 10:15pm |
About two weeks before Hannah was born my lovely husband lent his best mate $3000 for equipment to set himself up as a DJ, was meant to be paid back the next week. Well its been almost six months now and they still owe $2100  I told him it was a BAD idea at the time, but theres no point in me saying I told you so (even tho I really want to!) cos that doesnt achieve anything. Anyway, I am now feeling like this couple are playing us for fools. Dannevirke is a small town and it doesnt take much to find out what other people are up to, so I know that they havent reined in their spending at all even tho they owe us so much - she has got a new engagement ring, they've been up to Auckland a couple of times and I hear they are getting a new car..... They keep saying that her mum is meant to be putting the $$ into our account but it never turns up, so Daniel rings them and they say they'll sort it but it never turns up.... You see what I'm getting at! THey were staying with her mum on the weekend and apparently 'forgot' to ask her about it - my bet is she has no idea about it all. Just to make it a little more interesting, the 'she' is Roxy's sister! lol. Anyways, any ideas on how to get it back? The friendship is long gone so not worried about that, but am sick of feeling trodden on, used and played for a fool.  Daniel has so far taken the nice but persistent approach, ringing every couple of days but its not working. They already think I'm a b*#@h (when in fact I have done absolutely nothing) so its not going to make anything worse. ARgh, it just makes me so mad  Any ideas will be considered. (Sorry this is so long)
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Aimee
Hannah 22/10/05
Greer 11/02/08
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aimeejoy
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Posted: 27 March 2006 at 10:16pm |
Oh yeah, and would just like to add, they are also trying for a baby...
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Aimee
Hannah 22/10/05
Greer 11/02/08
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lizzle
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Posted: 28 March 2006 at 6:58am |
well, not sure if you want to go this way - but you can always take them to small claims court. We took our ex-flatmate. They have an arbitrer (not sure about that spelling at all) and basically help you talk through things and come to an official agreement, which is written down. It also has penalty clauses. If the payments aren't adhered to, the court steps in and repossesses stuff. It is not pleasant at all, but in our sitation, the fact that we weer legally getting on it was enough incentive for our ex-flatmate to make the payments.
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AlyAyde
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Posted: 28 March 2006 at 7:29am |
yep id threaten to take them to small claims court. If the freindship is over and you really need the money. They would have to pay the court costs too, because they are the ones at fault.
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Jayde 25/12/04
Alyssa 08/04/03
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jax
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Posted: 28 March 2006 at 7:34am |
Besides checking out arbitration and small claims court, I would try and come up with as much paperwork as possible - I'm guessing there was only a verbal agreement over the cash that was lent, but if you had bank statements or something to show the transfer out it might help. I would definitely take things down the legal alley, I know it might seem horrible, but it's your money and they're being slackarses and you deserve it back in FULL !! Best of luck hun and let us know how it goes
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Jacquie - Mama to Erin, 13.07.06 - Chief Cat Chaser & Marmite Sammie Eater
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Bizzy
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Posted: 28 March 2006 at 8:02am |
if they already think you are a b* arch then get heavy with them. maybe you should ring her mum and ask when the money will be deposited, tell her they said she was going to pay it so she doesnt wonder why you are calling her.
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nikkitheknitter
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Posted: 28 March 2006 at 8:27am |
Or if you still want to be a little bit nice... perhaps you could set up an automatic payment with them for $100 or something a week. Bring them round the form with all the details written out so they don't have the chance to "forget about it". And make sure the money comes out on the day they get paid, before they can spend it.
That way perhaps they can still keep up their stupid spending and be paying you back steadily.
Good luck!!!
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nikkitheknitter
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Posted: 28 March 2006 at 8:27am |
And your hubby is probably feeling pretty stupid right now... bet he's learned his lesson!!
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aimeejoy
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Posted: 28 March 2006 at 9:07am |
Yeah I had been thinking about going down the legal track. I had a look at the disputes tribunal website but it says you cant use it for debt collection, only disputes...
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Aimee
Hannah 22/10/05
Greer 11/02/08
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Roksana
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Posted: 28 March 2006 at 9:29am |
$2100 is allot of money Aimee.....I think you might have to get some legal help. Did you guys make them sign any papers to say that you guys gave them $3000? If not how did they pay the $900? if by DD then you have that as proof ......gosh can never trust any one huh!!??
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AnnaD
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Posted: 28 March 2006 at 9:50am |
That is so frustrating! Wouldn't it be a dispute if they keep saying they will pay and don't?
I like Nikkis AP idea. If they prefer to spend their dish rather than paying back debts it seems more likely they'll give you $100 a week rather than a lump sum?
I don't have much advice, apart from make sure you write down everything. Every time you have spoken to them about it, every time they have told you the money will come thru. Make sure you have super specific notes so that you have really detailed records of what has been happening!
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Anna and Quinn 10 July 2004
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and one more on the way....
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robyn
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Posted: 28 March 2006 at 11:26am |
Disputes tribunal and small claims are different. You can take them to small claims, it doesnt cost much at all to register a claim and you will be given a date with a mediator. Again get as much proof as possible including the dates and method they paid you the $900 and from now on if you havent been already, document every phone call and contact you have with them and the details. There are collection agencys that do it for you but you will have to pay them a fee and generally a collection fee which is normally a percentage. sorry this is the legal side of me coming out, but I just hate seeing people be taken advantage of. My best friend is in a similar situation with her fathers ex and has her date with small claims in a couple of weeks. good luck
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mamawendz
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Posted: 28 March 2006 at 11:57am |
Wow that is terrible!
I would also suggest giving the mother a call first as they have told you she should be depositing the money so its not weird that you call her and then perhaps the mother can get on their backs?
Other than that, definately get legal advice. Because $2100 is ALOT of money, I wouldn't hesitate taking them to small claims court, or atleast getting some info on it. You have a child of your own, you can't afford to give away $3000 and not get it back.
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mama_wendz
My Girls: Maddisyn Tylr & Layla-Mei Virginia
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aimeejoy
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Posted: 28 March 2006 at 12:50pm |
Robyn, from what I read the disputes tribunal was formerly known as small claims court....
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Aimee
Hannah 22/10/05
Greer 11/02/08
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fairsk8
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Posted: 28 March 2006 at 1:56pm |
Okay Aimee, I have just talked with my partner who is a lawyer, and we then looked on the internet and he suggests that you go to the website www.justice.govt.nz, which is the Ministry of Justice website. From there you can click on courts and then on dispute tribunal, there is heaps of info there. Other than that he suggests you go and see public Law services who can give you advice on what to do.
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Roksana
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Posted: 28 March 2006 at 2:14pm |
phone citizens advice and ask for phone number for free legal advice in your area. Most lawyers give you 10 min free phone advice. I remember doing it few times...very helpful!
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robyn
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Posted: 28 March 2006 at 2:38pm |
Im not sure where you are but if you look up your local courts they will have a number for you to contact small claims. I dont think they will actually take action to collect the costs (debt collection part of it) but the decision is a legal contract so you have that on your side if you need to take it further. If you have a lawyer they may also write a letter on your behalf to the ex friend threatening legal action, this is often enough to scare people into action and depending on your lawyer depends one how much this will costs but they charge in units and I would think this may costs between 100-200 at the most.
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KOBE born 19 March 2004
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fairsk8
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Posted: 28 March 2006 at 10:14pm |
It is now called the dispute tribunal. There are no lawyers or judges but a person who is trained to act like a mediator, they called a referee. A Referee is someone who will either help you to come to your own solution or will determine your dispute. Any ruling they make is binding and will, if necessary, be enforced by the Courts.
The dispute could concern an amount up to $7,500 or, if everyone involved agrees, up to $12,000.
Anyway have a look at the Ministry of Justice website and it will give you all the info you need to know about taking a claim to the disputes tribunal and how to file a claim.
Ministry of Justice
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aimeejoy
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Posted: 30 March 2006 at 5:38pm |
We had $1000 put into our account by her mum today. Only $1100 to go.....
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Aimee
Hannah 22/10/05
Greer 11/02/08
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jack_&_charli
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Posted: 30 March 2006 at 9:53pm |
that's great news aimee! it's not the full amount but at least it's a start eh! keep up with the threat of legal action though
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