Baycorp - has anybody had dealings with them?

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11 years 5 months ago #26108 by eelcat
Has anybody had dealings with Baycorp to recover unpaid debts? As part of Toast Martinborough we supplied a local vineyard (with a restaurant) with almost $1k of beetroot relish (it's what we do!!), and at delivery gave them our terms of trade and credit application. The managing director, who was there at the time of making the arrangements for us to make the stuff, (and indeed ordered more prior to delivery), says he didn't read the ToT, has now lost it anyway, and that he will pay in wine, as per our agreement (say what? - i know I like to drink but that is a little bit OTT). There is/was no such agreement to be paid in wine (though they did give us 2 bottles of wine when we dropped the order off). We simply cannot to afford to lose this amount of money to this nasty piece of work, so I'm thinking of loading it with Baycorp. Has anybody dealt with them - easy? hard? comments please

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 5 months ago #363751 by reggit
From others I have known who have dealt with debt collectors...it's an absolutely last ditch option as you lose so much of the original amount if they collect.

Have you put anything in writing to the vineyard? Worth a try? Cover all bases before going in all guns blazing...?

And...do you have a copy of the original invoice to them, complete with ToT conditions that you can send with this...?

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11 years 5 months ago #363752 by eelcat
Thanks Tigger. Have sent them three copies of invoice (so far) together with another that now adds in the interest as per our terms of trade. I have also sent them two statements. Our terms of trade also allows for all debt recovery costs to be added to overdue accounts. Their accounts person rang me 3 days before the account was due, saying they didn't have the invoice. I duly sent them a copy and have sent two more since then. Word around town is that they are insolvent so I'm not too hopeful that there is any money :(

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 5 months ago #363753 by reggit
Just thinking laterally...is their wine any good? And if you took wine in trade, could you offload it/sell it/trade it for something else that might be useful? Not as good as cash but at least you would get something, if you really do think they are going under...

Not sure how you'd stand if they are declared insolvent, ie whether you would be a creditor who would be far enough up the chain to get the crumbs once the receiver steps in or would miss out...?

Just a thought, anyway...a lot of dosh to lose, what a blow :(

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11 years 5 months ago #363754 by eelcat
Had thought of that, but I suspect we would have to have some sort of liquor licence to then receive money for wine if we unsold it. We have licences to burn for making jams and preserves, etc but none for selling wine :(

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 5 months ago #363755 by Organix

tigger;354747 wrote: Just thinking laterally...is their wine any good? And if you took wine in trade, could you offload it/sell it/trade it for something else that might be useful? Not as good as cash but at least you would get something, if you really do think they are going under...

Not sure how you'd stand if they are declared insolvent, ie whether you would be a creditor who would be far enough up the chain to get the crumbs once the receiver steps in or would miss out...?

Just a thought, anyway...a lot of dosh to lose, what a blow :(

Taking wine in payment is a possibility but the state of the wine market [B)][B)][B)][B)] is such that we now have a cellar bursting with fine NZ and OZ wines which cost

Harm Less Solutions.co.nz
NZ & AU distributor of Eco Wood Treatment stains and Bambu Dru bamboo fabrics and clothing

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11 years 5 months ago #363756 by Kilmoon
Use Baycorp, yes they take a sum in fees for getting your money back, but they're damned good at what they do. Even the threat of them is good enough. Ring them and talk to them, it can't hurt.

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11 years 5 months ago #363758 by stephclark
emm.. sorry to hear that eelcat.. firstly.. everything in writing, document when you called, who you spoke to and what was said.. have copies of all letters.. re the ToT.. is there anything on your invoice that says " subject to our terms of trade"..any notice on the invoice stating may be charged overdue interest?..if so, then regardless of the Tot being 'lost' by accepting delivery of goods they accept the terms..
generally good practice is to get a new client to sign a form to state that they have read and understood the terms..
Baycorp.. can be a bloody nuisance.. but they do get results as any debt collection is logged against the debtor on credit checks etc. .. they take a % of the recovered debt.. so at least you get something back, not a complete writeoff..
if you havent already, advise them in writing that they have 7 days to pay or you will put in hands of debt collector.. also advise that interest on overdue amount and collection costs are recoverable.
if you think they are about to go belly up, then at least the receivers will have a lodged claim thru the baycorp.. ( for what that is worth ).. have you checked the companies office to check the state of the company? have they filed an annual return recently.. you can also get the owners names and address's and their accountants as well from there..
this is not the last resort either.. there is small claims court and a winding up order to go.. so definately, if you are not having any joy.. get them to Baycorp..
give as much info to baycorp as you have.. document everything .. the less time they spend faffing around looking for facts and figures the sooner they can get collecting.
good luck

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11 years 5 months ago #363759 by Organix
Seems like $1,000 debt may give you an opportunity to take insolvency action. Link here

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11 years 5 months ago #363760 by stephclark
hi organix.. yes the section 318, is the winding up order.. i used to make my own up and stamp it with the company seal,.. bascially scare the willies out of the debtor, wouldnt hold water thow utterly worhtless piece of paper.. but it worked
the 318 needs to be drawn up by a solicitor ( i believe ).. for a 1k debt, it wouldnt be worth it...
for small claims court, the creditor needs to show they have tried all possible routes to collect.. so baycorp is the 2nd step there.

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11 years 5 months ago #363761 by spoook
If you can find an alternative to Baycorp I would suggest it.
My dealings with Baycorp has not been good.
Getting debts collected required me to push them to act every step of the way. In the end I rang the debtor and got the money myself, still had to pay their fee though [:(!]

There are plenty of collectors out there.
My advice, get all your paperwork straight and move FAST.

Not a bad idea if the wine is good enough and you can seell it on [;)]

There are no bad questions only those that are not asked.
"You are responsible, forever, for what you have tamed"

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11 years 5 months ago #363765 by stephclark
spook i do agree.. they are a pain.. i have tried a couple of others and they have been worse.. on the upside.. baycorp is prob the biggest and best known and a letter from them would tend to carry more weight .. just my thoughts..
i have a couple of debts with them.. and while they are being paid in dribs and drabs.. at least it is happening
but like all business dealing.. keep on it.. no point assuming things are happening without prompting.. a weekly chase up is worth it to recover outstanding monies..again just my thoughts

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11 years 5 months ago #363766 by eelcat

stephclark;354752 wrote: emm.. sorry to hear that eelcat.. firstly.. everything in writing, document when you called, who you spoke to and what was said.. have copies of all letters..

Done

re the ToT.. is there anything on your invoice that says " subject to our terms of trade"..any notice on the invoice stating may be charged overdue interest?..if so, then regardless of the Tot being 'lost' by accepting delivery of goods they accept the terms..

Unfortunately not. Will add it to our invoice template right now!

generally good practice is to get a new client to sign a form to state that they have read and understood the terms..

All other customers have signed it - these turkeys just didn't return it

Baycorp.. can be a bloody nuisance.. but they do get results as any debt collection is logged against the debtor on credit checks etc. .. they take a % of the recovered debt.. so at least you get something back, not a complete writeoff..
if you havent already, advise them in writing that they have 7 days to pay or you will put in hands of debt collector.. also advise that interest on overdue amount and collection costs are recoverable.

Have sent invoice today after conversation noting interest to date


if you think they are about to go belly up, then at least the receivers will have a lodged claim thru the baycorp.. ( for what that is worth ).. have you checked the companies office to check the state of the company? have they filed an annual return recently.. you can also get the owners names and address's and their accountants as well from there..

Done that but last return filed was year ended 30 June 2009. One director local, he's who I have been talking to. Have name of their accountant

this is not the last resort either.. there is small claims court and a winding up order to go.. so definately, if you are not having any joy.. get them to Baycorp..
give as much info to baycorp as you have.. document everything .. the less time they spend faffing around looking for facts and figures the sooner they can get collecting.
good luck

Thanks

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 5 months ago #363768 by reggit

eelcat;354748 wrote: Had thought of that, but I suspect we would have to have some sort of liquor licence to then receive money for wine if we unsold it. We have licences to burn for making jams and preserves, etc but none for selling wine :(


I sort of meant swapsies...for something useful...[:I]

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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11 years 5 months ago #363771 by stephclark
eemm eelcat.. from what you have said.. you can get the 1k, but may have trouble getting the interest and costs, as they would argue they were notified .. good luck anyway..sounds like you are ont he right track

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