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Location:
Launceston, Tasmania
Registered:
May 2002
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What to do????
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Fri, 21 March 2003 02:10
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a few weeks ago i purchased a corolla sx hatch. I purchased it from victoria and had it sent to me in tasmania. the car was ment to have 11 months victorian rego when i got it but it turned up with no number plates. I drove it home (plate less) and was forced to have it sitting in the driveway till i could afford rego, inspection, change over fee and insurance. I had contaced the previous owner and he said that he was told by the rego place in victoria that he needed to take the plates off before he sent the car. This ment the the cheque for the cashed in rego would go to him instead of me sending the plates away and the cheque coming to me. he aggreed to post me the cheque as soon as it arrived to him. 3 weeks and still no sign of the cheque with a couple of calls to him inbetween. eventually it arrived at his house and he said he would post it right away (normally takes 2 days from victoria to tasmania) and it still hasn't arrived over a week after he supposably sent it. now i have tryed to call him numorous times and he doesn't seem to be answering. I have his name address and details and i was wondering if anyone knows what else i can do or if i am stuffed?
I also have the receipt that he made up for me and signed stating that the car has rego & it didn't. not sure if this means anything but it may be some help.
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Registered:
May 2002
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Re: What to do????
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Fri, 21 March 2003 03:50
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As per my post elsewhere, get in touch with someone who knows about Common Law...A "Letter of Demand" works wonders in such cases, I'm told.
N.B Make sure you contact someone who knows how these should be worded etc or, indeed, if that is the best way to go...In other words, please don't take this as hard and fast advice; rather as a potential avenue to be explored.
Regards, and good luck.
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Location:
Melbourne
Registered:
May 2002
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Re: What to do????
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Sat, 22 March 2003 03:58
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Call him again, and if you get through, tell him to transfer the money electronically to your account, and for him to give you a reciept number for the transfer. if he claims he has sent the cheque already, tell him to cancell it and to transfer the cash, if he refuses or gives you excuses, you know without a doubt its time to play hardball.
In his defence though, VicRoads does make you hand the plates into them.
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Location:
Launceston, Tasmania
Registered:
May 2002
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Re: What to do????
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Sat, 22 March 2003 04:05
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thanks for the replys! hey ladysx, i was going to put that as my signiture 
i have been trying and he still won't answer his phone. It is a good idea but the cheque is supposably the one from vicroad and he has signed the back to say that i can cash it. I know that it is only $300 but when you are a student on youth allowence that i a fair bit.
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: What to do????
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Sat, 22 March 2003 08:27
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try calling from a different phone
that way your callerID wont come up, so if he does have his phone he'll answer it
call on something that blocks number sending even better, so he doesn't get the tassie pre-fix on the calling number display
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I supported Toymods
Location:
Sydney
Registered:
May 2002
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Re: What to do????
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Sat, 22 March 2003 10:58
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i got myself in a delima like this.. but alittle worse..
someone helped me with a demand letter like said above.
Sounds like your boss (ex) is a bit of a prick.
You are definitely going about things the right way. Take notes, put everything on paper and demand (in writing) that he pay all up within a set time ie 14 days. Put in the letter that you are experiencing financial difficulties due to his ****ed up methods of employee loyalty.
Most importantly, if he doesnt pay, every cent he owes you within the time period (dont even let him get awat with a day) file in the local court or in the industrial commission. In NSW the filiing fee is less than $100 and then arrange to get the sherriff to serve the statement of claim on him at work and during business hours. That might shame him into action.
Also, if he offers to settle up after you have filed the application remeber to add on interest at the Supreme Court rate (10%PA calculated daily) and the filing fees/service costs to what he owes you.
Good luck.
Re: legal stuff
Here you go...something like this...
Dear Mr [employer],
I refer to our converstation of [date] regarding my outstanding employee entitlements.
As you will recall it is now [weeks/months] since I left [business name] and I have yet to receive advice from you as to when the MONIES OWED BY YOU TO ME will be paid.
As a result of your failure to fulfill your duties to me under my contract of employment I have suffered a severe financial hardship and your continued disregard for this situation will no longer be tolerated.
Accordingly, I now DEMAND PAYMENT of all outstanding monies owed by you to me within fourteen (14) days of your receipt of this letter. I have attached a schedule with particulars of my claim. In summary, the current outstanding amount is $[???].
You should be aware that your failure to remit the outstanding monies to me by the due date will result in my filing an application under the Local Court's civil claims jurisdiction. If I am forced by you to undertake this course of action I further advise that you may be liable for additional costs including (but not limited to) interest under Section 94 of the Supreme Court Act (NSW) 1970, service, filing and professional fees.
If you do not understand the implication of this letter, I urge you to seek legal advice without delay as, I reiterate, your failure to remit all outstanding sums to me within fourteen (14) days will result in the commencement of legal action without further notice.
I look forward to you early advice with regards to this matter.
Yours faithfully,
[Your name]
There you go. 3 things:-
1. If you aren't in NSW delete the bits about statement of claim and supreme court act and section.
2. Dont forget to add the schedule outlinging what he owes you.
3. Spell check it, because I didnt.
Good luck.
That should give you an idea.. hope that helps
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Location:
Hornsby, N.S.W
Registered:
September 2002
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Re: What to do????
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Sat, 22 March 2003 12:48
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lets just muster up some guys and turn up at the door, if its ok for the us to disarm iraq like that, then why cant we go and get your money in similar fashion??? 
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I supported Toymods
Location:
Sydney
Registered:
May 2002
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Re: What to do????
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Sat, 22 March 2003 13:15
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stuff like that happens anyway
a friend found out someguy was trying to steal his girl. went over to his house. the dude opened the door, threw him to the front yard and trashed him infront of his parents.
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