I have just listed an unpaid invoice with the DT and as we have never had to go down this track before, I just thought I would ask for experienced advise and any pointers please. I have submitted a lot of stuff on line, but supplying copies of solicitors correspondence etc directly to court when requested.
Be well prepared and have all written evidence in a folder with you filed in such a way as to be easy to access if asked a question about a particular point.
MIL won 3 cases in the DT against, 1. neighbour who nicked a boundary gate; 2. woman who backed into her car; and 3. Insurance company who refused to pay out on insured horse under a loss of use clause. Adjudicator ruled in her favour on all three cases. Sadly when the insurance paid out, it was when the limit was $5,000 and the horse was insured for a lot more than that.
Did you know, that what you thought I said, was not what I meant :S
max2;502979 wrote: I was thinking about filing in date/time order for the correspondence Stikki, should I do an alphabetical one too?
Maybe coloured sticky's (no pun intended) could help here! Perhaps date and key point on the sticky. Don't of course know what your general correspondence contains so if you think Alphabetical would help, then go ahead. Don't make it too complex for yourself though.
A statement with your key points could be helpful. Would give an outline or precis of what you are seeking and then what you have for evidence becomes the "why"
Did you know, that what you thought I said, was not what I meant :S
As stikki says, be as prepared as you can. Document everything - all phone calls, all correspondance etc. and definately have everything in some sort of logical order so you can find things quickly when asked a question.
You can take witnesses with you so your hubby ?? and anyone else who has witnessed anything to do with this - overheard you on the phone etc.
Many thanks for the advice. I had previously wrote up a timeline which I partially repeated on the application yesterday. There is a witness and also documentation from the other party which contradicts itself.
For those that have been through the process, what was the adjudicator like? Did they conduct themselves professionally and did you feel they had good knowledge of the case and law to advise what was right or wrong?
This is a very long read, but also a worthwhile read if you're looking to collect a debt. The guy did it just to make a point, but it takes a good look at the process & the reasons for going down this route.
Have always found the adjudicators to be lovely people. Really know their stuff. They tend to ask lots of questions and they like to put you at ease. It can be a nerve wracking time, but you will be fine.
The last time we went (trademe issue) the adjudicator was really interested in what we were doing with possum skins as he had a background in them as well
Its the after bit that causes all the drama. Having to chase up the debt and get court staff to get moving on the issue. We also had to do the detective work as the other party had moved and it was our job to track down her new address etc. Even tho its a legally binding outcome, it can be quite a mission getting the judgement enforced []
Luckily for me, the person I was chasing was standing in an up coming election (years ago now) for one of the very minor parties and they held her new address so she paid up pretty quickly once I found her [][8D]
Many thanks everyone! I have lodged ours on line and received the receipt for payment. How long generally does it take until the hearing? How do I know the other party has received the document? He has one of those funny gm*il addys that has numbers in it, sort of like a temporary account.
ps I have also given the site address as well, but presumed he would receive it on line as its how I did it.
max2;503099 wrote: Many thanks everyone! I have lodged ours on line and received the receipt for payment. How long generally does it take until the hearing? How do I know the other party has received the document? He has one of those funny gm*il addys that has numbers in it, sort of like a temporary account.
ps I have also given the site address as well, but presumed he would receive it on line as its how I did it.
Depends on how backed up the courts are but generally within about 6 weeks if I remember correctly - was a while ago now.[]
You will just have to hope they get the paperwork - never done it online so not sure how that goes.
Getting a judgement in yr favour is the easy part, enforcing it is where it's gets difficult and you need the courts help to pin this down. I made the mistake thinking because I had judgement it would be straight forward after that - received $100 of $3500 bill and then the guy took off... Debt collector never found him again and there was nothing of value to seize...
We made the same assumption and it took some months to get the right person to enforce the right sort of follow-up so we eventually got all the money. It was a pain until an "attachment" (or whatever it was called) was made on their income and fortnightly payments were then forthcoming. It didn't worry me how slowly it came in, as long as it did. If it had been me paying, I'd have wanted the annoyance and reminder out of the way as soon as possible. There's nowt so queer as folk.
We Won! But not for the reasons we thought we would.... didn't get that far into the discussion but the Client did a couple of things he shouldn't have which waived any rights under the c0nsumer G. Act.
Now has to pay us x amount by a set date in May. He was fuming we used his unsigned ''report'' to obtain an engineering report which cleared certain allegations he was making against us.
]