Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




523 posts

Ultimate Geek
+1 received by user: 115


Topic # 142419 12-Mar-2014 14:06
Send private message

Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order

View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2
5636 posts

Uber Geek
+1 received by user: 259

Trusted
Geekzone
Lifetime subscriber

  Reply # 1004238 12-Mar-2014 14:06
Send private message

Hmmmm. Here we go.




I am the Geekzone Robot and I am here to help. I am from the Internet. I do not interact. Do not expect other replies from me.



2118 posts

Uber Geek
+1 received by user: 517


  Reply # 1004242 12-Mar-2014 14:09
Send private message

Did you bid on the phone, or was it a buy now you used to purchase the phone?

Also how many sales does the TradeMe user you bought it from have?  More than 500? Or less?

 
 
 
 




523 posts

Ultimate Geek
+1 received by user: 115


  Reply # 1004254 12-Mar-2014 14:11
Send private message

macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales

14722 posts

Uber Geek
+1 received by user: 1987


  Reply # 1004262 12-Mar-2014 14:22
Send private message

skewt:
macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales


Well the phone has to be described accurately, so if it had a missing camera, (has someone physically remvoed it?), and that wasn't advertised, then it should have been. Not unless it was being sold as is and condition unknown, then you take all the risk. There is a difference between bidding and buy now. You would have a far stronger case if you used the 'buy now'. Otherwise it is an auction, and I believe auctions have their own laws. You may just have to go through the process, and you may not end up being in the right legally.



523 posts

Ultimate Geek
+1 received by user: 115


  Reply # 1004278 12-Mar-2014 14:28
Send private message

mattwnz:
skewt:
macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales


Well the phone has to be described accurately, so if it had a missing camera, (has someone physically remvoed it?), and that wasn't advertised, then it should have been. Not unless it was being sold as is and condition unknown, then you take all the risk. There is a difference between bidding and buy now. You would have a far stronger case if you used the 'buy now'. Otherwise it is an auction, and I believe auctions have their own laws. You may just have to go through the process, and you may not end up being in the right legally.



Its an iPhone5 and it appears the phone was dropped multiple times by the previous user, causing it to break the camera off or fall out, if you compare the phone to another iphone 5. you can see the circuit board where the camera should be
Under the fair trading act, I would assume "Excellent working order" means it doesn't has 3+ faults

They are also going against their own warranty policy which I can PM people further details if required as I don't want to mention the company in post

The faults were:
Front camera missing
Rear camera fill of dust/dirt and unable to be used correctly (Dust is entering the device from being dropped by previous owner)
Power/Sleep button stopped working after limited use within first 10 hours



2118 posts

Uber Geek
+1 received by user: 517


  Reply # 1004279 12-Mar-2014 14:29
One person supports this post
Send private message

mattwnz:
skewt:
macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales


Well the phone has to be described accurately, so if it had a missing camera, (has someone physically remvoed it?), and that wasn't advertised, then it should have been. Not unless it was being sold as is and condition unknown, then you take all the risk. There is a difference between bidding and buy now. You would have a far stronger case if you used the 'buy now'. Otherwise it is an auction, and I believe auctions have their own laws. You may just have to go through the process, and you may not end up being in the right legally.


Matt got it right, first contact TradeMe and notify them of the Traders behaviour if it was described to be fully functional on the Auction.  If they do not repair the goods when offering a warranty as part of the deal (provided it wasn't damaged by you) then they are also breaking their contract with you.

2385 posts

Uber Geek
+1 received by user: 286
Inactive user


  Reply # 1004319 12-Mar-2014 15:02
Send private message

skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.



523 posts

Ultimate Geek
+1 received by user: 115


  Reply # 1004332 12-Mar-2014 15:15
Send private message

Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Was your case with an individual or a company?


12680 posts

Uber Geek
+1 received by user: 4206

Trusted
Lifetime subscriber

  Reply # 1004340 12-Mar-2014 15:29
3 people support this post
Send private message

I wonder if Trade Me will ever offer Buyer Protection like Ebay or if they will just continue to take large fees for doing not really very much?





4081 posts

Uber Geek
+1 received by user: 1371


  Reply # 1004404 12-Mar-2014 16:45
Send private message

Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Someone managed to get someone thrown in jail over an unpaid debt like this.   anyone have reference to that thread?

191 posts

Master Geek
+1 received by user: 43


  Reply # 1004420 12-Mar-2014 16:53
One person supports this post
Send private message

surfisup1000:
Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Someone managed to get someone thrown in jail over an unpaid debt like this.   anyone have reference to that thread?


Here it is:

http://www.gpforums.co.nz/threads/382668-Debt-Collecting-for-Noobs?perpage=25

It one of my favourites.

2385 posts

Uber Geek
+1 received by user: 286
Inactive user


  Reply # 1004426 12-Mar-2014 16:59
Send private message

skewt:
Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Was your case with an individual or a company?



Company

959 posts

Ultimate Geek
+1 received by user: 161


  Reply # 1004439 12-Mar-2014 17:13
Send private message

Klipspringer: I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Don't let them get away with it. I went through the same process and the person also ignored the distress warrant, we all ended back up in the District Court and they had to pay on the spot ($1200) to me and they also got 180 hours community service for their trouble.

754 posts

Ultimate Geek
+1 received by user: 189


  Reply # 1004451 12-Mar-2014 17:36
Send private message

Klipspringer:

I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Pass it onto a debt collection company? They then pass on said costs to the person/company who owes you money and if they get it you might get some percentage back

2866 posts

Uber Geek
+1 received by user: 685

Trusted
Lifetime subscriber

  Reply # 1004457 12-Mar-2014 17:45
Send private message

Geektastic: I wonder if Trade Me will ever offer Buyer Protection like Ebay or if they will just continue to take large fees for doing not really very much?



another terrible NZ company, oh hang on its owned by an Aussie company is that a reprieve for us Kiwi's 




Galaxy S8

 

Garmin  Vivoactive 3




 1 | 2
View this topic in a long page with up to 500 replies per page Create new topic



Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Orcon announces new always-on internet service for Small Business
Posted 18-Apr-2019 10:19


Spark Sport prices for Rugby World Cup 2019 announced
Posted 16-Apr-2019 07:58


2degrees launches new unlimited mobile plan
Posted 15-Apr-2019 09:35


Redgate brings together major industry speakers for SQL in the City Summits
Posted 13-Apr-2019 12:35


Exported honey authenticated on Blockchain
Posted 10-Apr-2019 21:19


HPE and Nutanix partner to deliver hybrid cloud as a service
Posted 10-Apr-2019 21:12


Southern Cross and ASN sign contract for Southern Cross NEXT
Posted 10-Apr-2019 21:09


Data security top New Zealand consumer priority when choosing a bank
Posted 10-Apr-2019 21:07


Samsung announces first 8K screens to hit New Zealand
Posted 10-Apr-2019 21:03


New cyber-protection and insurance product for businesses launched in APAC
Posted 10-Apr-2019 20:59


Kiwis ensure streaming is never interrupted by opting for uncapped broadband plans
Posted 7-Apr-2019 09:05


DHL Express introduces new MyDHL+ online portal to make shipping easier
Posted 7-Apr-2019 08:51


RackWare hybrid cloud platform removes barriers to enterprise cloud adoption
Posted 7-Apr-2019 08:50


Top partner named at MYOB High Achievers Awards
Posted 7-Apr-2019 08:48


Great ideas start in Gisborne with hackathon event back for another round
Posted 7-Apr-2019 08:42



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.