How to collect from a debtor

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trig42

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#1443346 9-Dec-2015 09:37

Good on you OP for following through.
You may get all of your money, but more importantly, hopefully, you may have taught this bloke a lesson.

He knew exactly what he was doing writing a cheque on a closed account. A call from the Police may just make him think twice about doing it again (I'd say there's a better than 50:50 that he has done it before and other victims have just written it off).

jmh

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#1454561 21-Dec-2015 13:49

Update: The police called me. Turns out he has a criminal record under several aliases with time in prison. He has over 200 crimes against him dating back decades. The police say I'm lucky to get some of it back (he's paid $300). They say they would struggle to prove this in court and I got the impression that they felt the risk wasn't worth the time and work involved. So I've agreed for it to be filed, and accepted the lesson I have learned. I was able to give a better description than they have on file, so that's something.

Rikkitic

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#1454566 21-Dec-2015 14:05

I'm glad you got some of it back. Hopefully it was enough to cover some of your costs.

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richms

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#1454578 21-Dec-2015 14:20

Rikkitic: I'm glad you got some of it back. Hopefully it was enough to cover some of your costs.

Hardly, sounds like he has spent hours on it so far. Perhaps it will make a revision of the terms of trade to include that he can charge for all that wasted time in future tho.

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Kyanar

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#1455359 22-Dec-2015 14:53

richms:
Rikkitic: I'm glad you got some of it back. Hopefully it was enough to cover some of your costs.

Hardly, sounds like he has spent hours on it so far. Perhaps it will make a revision of the terms of trade to include that he can charge for all that wasted time in future tho.

Against someone like this the terms of trade are irrelevant. You aren't getting it back regardless of how much extra you slap on it.

richms

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#1455395 22-Dec-2015 15:36

Kyanar:
richms:
Rikkitic: I'm glad you got some of it back. Hopefully it was enough to cover some of your costs.

Hardly, sounds like he has spent hours on it so far. Perhaps it will make a revision of the terms of trade to include that he can charge for all that wasted time in future tho.

Against someone like this the terms of trade are irrelevant. You aren't getting it back regardless of how much extra you slap on it.

You can add loads of costs and then sell the debt.

Richard rich.ms

nigelj

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#1455457 22-Dec-2015 16:57

jmh: Update: The police called me. Turns out he has a criminal record under several aliases with time in prison. He has over 200 crimes against him dating back decades. The police say I'm lucky to get some of it back (he's paid $300). They say they would struggle to prove this in court and I got the impression that they felt the risk wasn't worth the time and work involved. So I've agreed for it to be filed, and accepted the lesson I have learned. I was able to give a better description than they have on file, so that's something.

A bounced cheque from a closed account isn't proof enough?

I'd be demanding that the police leave the file open (they will want the file closed in some form to improve numbers), on the assumption that he would be charged with other crimes in the future if more complaints are laid by others. A lack of interest in someone, allegedly that well known to the Police is pretty disappointing.

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jmh

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#1455469 22-Dec-2015 17:04

nigelj:
jmh: Update: The police called me. Turns out he has a criminal record under several aliases with time in prison. He has over 200 crimes against him dating back decades. The police say I'm lucky to get some of it back (he's paid $300). They say they would struggle to prove this in court and I got the impression that they felt the risk wasn't worth the time and work involved. So I've agreed for it to be filed, and accepted the lesson I have learned. I was able to give a better description than they have on file, so that's something.

A bounced cheque from a closed account isn't proof enough?

I'd be demanding that the police leave the file open (they will want the file closed in some form to improve numbers), on the assumption that he would be charged with other crimes in the future if more complaints are laid by others. A lack of interest in someone, allegedly that well known to the Police is pretty disappointing.

I did raise that but the police said that it was hard to prove to the satisfaction of the court that he intentionally wrote a dud cheque. I thought it was pretty weak too. He said that because I had provided a service, I could probably take a civil case, but given that the amount owed is now around $100 it's probably not worth it. Amazingly, he paid another $25 today.

Sideface

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#1455493 22-Dec-2015 17:35

jmh: ... Amazingly, he paid another $25 today.

Excellent

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tripp

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#1455495 22-Dec-2015 17:37

jmh:
nigelj:
jmh: Update: The police called me. Turns out he has a criminal record under several aliases with time in prison. He has over 200 crimes against him dating back decades. The police say I'm lucky to get some of it back (he's paid $300). They say they would struggle to prove this in court and I got the impression that they felt the risk wasn't worth the time and work involved. So I've agreed for it to be filed, and accepted the lesson I have learned. I was able to give a better description than they have on file, so that's something.

A bounced cheque from a closed account isn't proof enough?

I'd be demanding that the police leave the file open (they will want the file closed in some form to improve numbers), on the assumption that he would be charged with other crimes in the future if more complaints are laid by others. A lack of interest in someone, allegedly that well known to the Police is pretty disappointing.

I did raise that but the police said that it was hard to prove to the satisfaction of the court that he intentionally wrote a dud cheque. I thought it was pretty weak too. He said that because I had provided a service, I could probably take a civil case, but given that the amount owed is now around $100 it's probably not worth it. Amazingly, he paid another $25 today.

I would just leave it for now, write it off and if he pays more then it's a bonus. I would say take him to DT but that would cost you $40 anyway.
If he pays the rest take the family out for fish and chips on a beach :)

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