Anyone in debt collection

[megatexture]

As the title says we have a bad debt owing of 14 k and wondering if any of you have worked in the debt collection field and know what tactics they use to get the job done ASAP as I Beleve this builder may get investigated by the BSA soon and forced into receivership.

I have contacted some agencies that do this work but am wanting to actively peruse it myself also as if I can get payment myself i will not have to fork out the 2k fee for them as they are payment on collection only.

We are also going down the path of adjudication but this is a slow process and I fear this wont happen fast enough and the bsa/ forced receivership once underway will kill any hope of getting payment

Any help would be greatly appreciated!

[my third 256]

doesnt the builder have insurance in s.a it is manditory to have and is lodged with the building industry dept
so when something happens you are covered

[megatexture]

I think they do when it comes to defects and other things but not to cover them not being able to run a business

[NP99]

BSA are a joke, they take your money (gold card) and do sweet FA.

[Maxhead]

I have no idea how to recover the debt legally but if you want other suggestions just yell out..lol

For what its worth I would rather pay and loose $2k then loose $14k

[MC97GQ]

Mega,

I'll talk to my wife later and ask her, she used to be Chief Rates Clerk for a large municipal council in Sydney and had to use debt recovery techniques all the time.

I can remember that part of it involves approaching the Sheriffs office and obtaining certain paperwork, but other than that she might be able to help.

Mark

[lorrieandjas]

Hi mate - you have a number of options, however you need to be aware of the limits of debt coll.

Basically you can either approach a Debt Collection Agency (which must be registered under the Property Agents and Motor Dealers Act 2000). Or you can elect to recover the debt yourself. If you choose to do this you need to follow the following process:

1. Send a letter of demand with 7 days notice to pay
2. Follow up after 7 days with a phone call
3. You can continue to phone (however no more than twice a week and not outside reasonable hours unless agreed).
4. You cannot make threats or repossess any property or goods unless the original debt agreement had security.
5. Approach a solicitor and they will serve a writ, summons, claim, or application
6. Go to court and have the matter heard

I would recommend that you approach a solicitor and have them write a claim or file an application in court. A claim would be cheaper however your solicitor will be able to advice the best action based on your circumstances. Some solicitors will have a "no cure no pay" approach (they take their money when/if they win). Others will be on an hourly rate. Remember that if you opt for no-cure no-pay they cannot gouge you as they have to operate on a transparent costs basis and you will receive a costs-agreement.

I believe on a debt of $14k owing to you it will cost you in the order of $1000 minimum to recover unless you do it all yourself. $2k for debt coll. is pretty good.

Also - if you can share a bit more about the circumstances I can look into it more for you. For example - was the debt owing secured or for works done?

Jas

[threedogs]

Make him an offer he cant refuse,
I get letters all the time from 4x4 business' that go under.
It all adds up $2k here $700 there. I'm usually last on the list an as such have never received a penny.
Whats the best case scenario 20C in the dollar. But good luck. Trouble is these type of ppl continue to rack up
debt and trade hoping things will improve, It doesn't and un fortunately we/you cop the short fall.
Then they start up again under a different name and Director, System stinks, Been burnt 6 times like this

[Stropp]

yes i had the same problem, what you need to do is the demand for payment within 7 days then go to the court and get a caveat on the property the work was done at so it cant be sold without you getting paid, or go to the small claims court and get an order to pay and when they dont then go back and get a order for the sherrif to take goods to the value of the monies owing, usually when the caveat is slapped on they come good but last resort the sherrif knocks on the door.

[megatexture]

Thanks all we have had good success with adjudication in the past bar the last one, they went into forced receivership and we managed to get 50% back, I'm prity sure this is where its headed, we have taken on board a debt collection agency to do the legals for us and We will probably give a miss on adjudication as its more then likely going to be wasted $ and too slow

On another note we have been phoning and leaving messages , messaging him on face book and found out his wife's named and messaging her also, and have found out where and what rugby club he plays at and am thinking of visiting his church and first following him home to find out his home address and post the bill there at a minimum and contemplating making a scene for all to know what a good bloke he is.

[ozzymalone]

I know a couple of rather large gents with rather large muscles and a rather interesting approach with people. If all goes south, maybe worth a look in. ;) Good luck though in all seriousness; been stung before so I know what its like.

[NP99]

yes i had the same problem, what you need to do is the demand for payment within 7 days then go to the court and get a caveat on the property the work was done at so it cant be sold without you getting paid, or go to the small claims court and get an order to pay and when they dont then go back and get a order for the sherrif to take goods to the value of the monies owing, usually when the caveat is slapped on they come good but last resort the sherrif knocks on the door.

I think small claims in Qld have an upper limit of 5k???

[megatexture]

Not sure about small claims or what adjudication comes under but the most we claimed with adjudication was 16 k

[NP99]

The other good thing about small claims when I used it a few years back.......it puts a lien on the business until settlement.

[PMC]

Hi mate - you have a number of options, however you need to be aware of the limits of debt coll.

Basically you can either approach a Debt Collection Agency (which must be registered under the Property Agents and Motor Dealers Act 2000). Or you can elect to recover the debt yourself. If you choose to do this you need to follow the following process:

1. Send a letter of demand with 7 days notice to pay
2. Follow up after 7 days with a phone call
3. You can continue to phone (however no more than twice a week and not outside reasonable hours unless agreed).
4. You cannot make threats or repossess any property or goods unless the original debt agreement had security.
5. Approach a solicitor and they will serve a writ, summons, claim, or application
6. Go to court and have the matter heard

I would recommend that you approach a solicitor and have them write a claim or file an application in court. A claim would be cheaper however your solicitor will be able to advice the best action based on your circumstances. Some solicitors will have a "no cure no pay" approach (they take their money when/if they win). Others will be on an hourly rate. Remember that if you opt for no-cure no-pay they cannot gouge you as they have to operate on a transparent costs basis and you will receive a costs-agreement.

I believe on a debt of $14k owing to you it will cost you in the order of $1000 minimum to recover unless you do it all yourself. $2k for debt coll. is pretty good.

Also - if you can share a bit more about the circumstances I can look into it more for you. For example - was the debt owing secured or for works done?

Jas

Good advise Jas!

Regards,

RLI

[megatexture]

Hi mate - you have a number of options, however you need to be aware of the limits of debt coll.

Basically you can either approach a Debt Collection Agency (which must be registered under the Property Agents and Motor Dealers Act 2000). Or you can elect to recover the debt yourself. If you choose to do this you need to follow the following process:

1. Send a letter of demand with 7 days notice to pay
2. Follow up after 7 days with a phone call
3. You can continue to phone (however no more than twice a week and not outside reasonable hours unless agreed).
4. You cannot make threats or repossess any property or goods unless the original debt agreement had security.
5. Approach a solicitor and they will serve a writ, summons, claim, or application
6. Go to court and have the matter heard

I would recommend that you approach a solicitor and have them write a claim or file an application in court. A claim would be cheaper however your solicitor will be able to advice the best action based on your circumstances. Some solicitors will have a "no cure no pay" approach (they take their money when/if they win). Others will be on an hourly rate. Remember that if you opt for no-cure no-pay they cannot gouge you as they have to operate on a transparent costs basis and you will receive a costs-agreement.

I believe on a debt of $14k owing to you it will cost you in the order of $1000 minimum to recover unless you do it all yourself. $2k for debt coll. is pretty good.

Also - if you can share a bit more about the circumstances I can look into it more for you. For example - was the debt owing secured or for works done?

Jas

the agency we have contacted has sent them a letter of demand so well have to see what happens but I one good thing is that we are not there only customer after this builder a pest control fella is so this will make them possibly put more pressure on him

The 14 k is for rendering of a house so work that's completed , makes it difficult as there's nothing we can just remove ourselves if not i would

[lorrieandjas]

Hey mate. Wait for the letter to be received - assume it was registered. Once you have confirmation of delivery follow up with a call to gauge if it has scared them.

I'll PM you my mobile.

Jas