Non paying customer, what to do - aus.legal

Message from discussion Non paying customer, what to do

Seppo Renfors

View profile

More options Oct 15 2006, 4:31 pm

Newsgroups: aus.legal

From: Seppo Renfors <Renf...@not.ollis.net>

Date: Sun, 15 Oct 2006 06:31:18 GMT

Local: Sun, Oct 15 2006 4:31 pm

Subject: Re: Non paying customer, what to do

  Forward
  | Print
  | View thread
  | Show original
  | Report this message
  | Find messages by this author
  

Blue Heeler wrote:

> Charlie wrote:

> Just one quick question to the O/P

> Do your invoices have a so-called "Romalpa" clause on them?

> It will be something like "Ownership of goods does not pass,
> irregardless of possession, until payment made in full".

> If so, and if the goods have not been paid for as required by your
> invoice, pop around and reposess your property.

Sorry but that is simply not on. A Romalpa cause is only effective for
something wholly new supplied by a seller. It is of no value at all
for something that is repaired as Charlie stated: "... components
inside his server-serial nos" and ".... after rebuild". It would
amount to theft if he was to do as you suggest. Nor can he remove the
components he has supplied, without replacing the bits he removed, and
putting the unit back the the level of operation it had prior to the
"rebuild" (if he is allowed to lay his hands on the machine that is).
In that case he has nullifies all debt as well.

[..]

> The first is a "Small debt claim" in the Magistrates court. You can
> rely on your Statutory Demand, including it as an annexed exhibit.
> Follow the "pro-forma" at http://www.courts.qld.gov.au in the
> "publications"/"UCPR"/"Forms" section.

> The second is of course to seek to have the company wound up and a
> liquidator appointed. IIRC the amount at play is $3k, you will not be
> doing this unless you are seriously into revenge because the costs will
> rapidly mount up to pretty much your $3k even assuming you do the leg
> work yourself, and the big problem is that if you succeed you will have
> to stand in line with all the other creditors and nothing bleaches the
> bones of a company quicker than a wind-up application.

Utter nonsense! Before you can even lodge a draft bankruptcy notice
with the Official Receiver you require the certificate of judgment or
order or a copy of the entry of the judgment or order certified as a
true copy of that entry and sealed by the court or signed by an
officer of the court. This means that you must have successfully sued
the Co first and have a judgement debt against them. A reluctance to
pay has little to do with being insolvent. Taking them to court
usually fixes that reluctance.

--
SIR - Philosopher unauthorised
-----------------------------------------------------------------
The one who is educated from the wrong books is not educated, he is
misled.
-----------------------------------------------------------------

Forward