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4353 posts

Uber Geek

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  # 681339 4-Sep-2012 14:43
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Police will not deal with this, as there is no criminal aspect to what has occurred. It is purely a civil matter where you two have entered into an agreement that services would be provided for payment. What the sticking point is whether or not the contract stipulated a time the repairs would take. Obviously you can argue that 8 months is too long.
I suggest you also see your local community law centre, they have free lawyers available to give advice.

http://www.communitylaw.org.nz/community-law-centres/what-do-clcs-do/

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  # 681356 4-Sep-2012 15:12
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Disputes Tribunal is the appropriate place to get this resolved.

You have his address and contact details, and you have a dispute.  

Tell the fellow you will file proceedings at the District Court (court sounds better than Disputes Tribunal, and it's technically correct since you have to go to the courts to file them :)) in X days if he hasn't [whatever it is you want him to do].

If he doesn't do it, head down to your local District Court, fill out the form, and pay your filing fee.  

The Disputes Tribunal is not a trial, there's no lawyers, you just turn up at the hearing and everybody sits around a table, you tell your side of the story, provide whatever you can to support it, they do the same.  

The mediator assigned to the hearing will weigh both sides of the story, and makes a binding decision.  

The decisions can not be appealed except under extremely exceptional circumstances.  Enforcing the decisions can be done if they other party doesn't abide by them, if it comes to that, see your local courts for advice.

It doesn't matter that you are in different places, you lodge in your district, they can ask to appear over the phone.




---
James Sleeman
I sell lots of stuff for electronic enthusiasts...


 
 
 
 


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  # 681363 4-Sep-2012 15:23
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If nothing else, at least get the hard-drive back out of it. Losing all your saved games is annoying...






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  # 681579 5-Sep-2012 00:18
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Here is what I just received in my in box about 5mins ago.

=?====
You will get your ps3 back. Im sorting it out this week for you. I do undertand the time its taken But had alot of my plate and want to make sure the job is done right

Scott
=====

I am hoping he really meant it this time.


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  # 681591 5-Sep-2012 06:49
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I would still go to small claims. He has not exactly followed through so far so I would see this as a stalling tactic.







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  # 681595 5-Sep-2012 07:28
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I would reply saying thank you, and that if it's not received within 5 business days you will file papers with the small claims court.



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  # 681620 5-Sep-2012 09:34
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timmmay: I would reply saying thank you, and that if it's not received within 5 business days you will file papers with the small claims court.


This is one of the chain email:


Thank you. I'll be waiting to hear about the completion of this within 5 working days. If it isn't then I'll be having a chat with my lawyer.

Thank you for your email.

Regards
S******

 

On Wed, Sep 5, 2012 at 12:13 AM, scott <kiwimods@gmail.com> wrote:
You will get your ps3 back. Im sorting it out this week for you. I do undertand the time its taken But had alot of my plate and want to make sure the job is done right

Scott

 

On Wed, Jun 13, 2012 at 4:02 PM, s****** **** <************@gmail.com> wrote:
Okay so when will it be completed?
You told me you baked it like two months ago. And I was really happy about the news. If you can get back to me with a more welcoming news by Monday then I will be glad to honour the payment then. I'm not saying I wouldn't pay for the work on the PS3, I am more than happy to pay the cost.

By saying that its going to be sometimes is not the same as 6months period long of waiting. But I will let you show it to me that you can do things as you advertised on your website. Everyone is a busy person in his/her own way. I hope you understand. So by Monday then I expect some update and by Friday next week I expecting it to be done.

Best regards,
S*********

On Jun 13, 2012 3:53 PM, "scott" <kiwimods@gmail.com> wrote:
As I said It would be a delay. I have your board baking right now and be reworking it end of the week. Im a very busy person and I did warn you at the start that it was going to be sometime!!


On Wed, May 30, 2012 at 10:38 PM, s****** **** <************@gmail.com> wrote:
Hello Scott,
It has been more than 1 month since the last time we communicate. You have promised me that you'll get my PS3 done 5weeks ago and I've emailing you since then but never again to get any response.
You have been very dishonest with me. And I've been constantly waited for the promised that never have been ferfilled. I am await for your response. And your excuse for keep going back on your words for the last 5 months.

Regards,
A very disappointed customer.

 

 


 
 
 
 


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  # 681622 5-Sep-2012 09:37
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Sounds reasonable, on your end. No-one's that busy it should take 6 months+ to do a service that was offered at 2 months. I'd expect a discount.

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  # 681749 5-Sep-2012 12:46
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IntegerIsNumber:
Thank you. I'll be waiting to hear about the completion of this within 5 working days. If it isn't then I'll be having a chat with my lawyer.


Hmm. I'm not sure I would have put the lawyer bit in.

So lets pretend I'm a dodgy service man and I get this email. I go "$200 for this repair or $200 for this guy to speak to his lawyer. He ain’t going to be speaking to his lawyer cos that puts the repair at $400. I'll just keep on doing what I am doing, which ain’t much."


A threat of going to the lawyer is not a strong action point - unless you absolutely intend doing so. And for a $200 (or whatever) repair its not likely to be worth it. You got to remember the only purpose of the justice system is to keep solicitors above the minimum wage.

Much better I reckon to get a claim form out of the small claims court. Send an email to the guy saying you want the ps3 back by 12noon otherwise you will be going to the District Court in the afternoon and he can expect to get served with the legal papers later that day.

You know already you are just going to the small claims tribunal (and he probably does because he's probably reading this thread) but much better to threaten with action that you can achieve than an idle threat.

Small claims isn’t a hassle – you just need to invest in the lodgement fee and a bit of time to lodge your claim. It will be a lot less effort than speaking to your lawyer – and cheaper!

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  # 681771 5-Sep-2012 13:17
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you might want to point out this thread to him.

i used kiwimodz in the past, when it was owned/operated by another person, but since reading this there no way i'll ever use them again.



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  # 681800 5-Sep-2012 13:56
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minimoke:
IntegerIsNumber:
Thank you. I'll be waiting to hear about the completion of this within 5 working days. If it isn't then I'll be having a chat with my lawyer.


Hmm. I'm not sure I would have put the lawyer bit in.

So lets pretend I'm a dodgy service man and I get this email. I go "$200 for this repair or $200 for this guy to speak to his lawyer. He ain’t going to be speaking to his lawyer cos that puts the repair at $400. I'll just keep on doing what I am doing, which ain’t much."


A threat of going to the lawyer is not a strong action point - unless you absolutely intend doing so. And for a $200 (or whatever) repair its not likely to be worth it. You got to remember the only purpose of the justice system is to keep solicitors above the minimum wage.

Much better I reckon to get a claim form out of the small claims court. Send an email to the guy saying you want the ps3 back by 12noon otherwise you will be going to the District Court in the afternoon and he can expect to get served with the legal papers later that day.

You know already you are just going to the small claims tribunal (and he probably does because he's probably reading this thread) but much better to threaten with action that you can achieve than an idle threat.

Small claims isn’t a hassle – you just need to invest in the lodgement fee and a bit of time to lodge your claim. It will be a lot less effort than speaking to your lawyer – and cheaper!


Sorry was typing this without taking this into consideration. By lawyer I meant Community Law Center and lay complaints. But I guess my wording is off a little.

 

Thanks for pointing this out.

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  # 681834 5-Sep-2012 14:37
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i sent my xbox 360 away in January to this guy to add a "mod" and didnt have any troubles.

i hope you get your PS3 back :)




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  # 681852 5-Sep-2012 15:02
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rscole86: Police will not deal with this, as there is no criminal aspect to what has occurred. It is purely a civil matter where you two have entered into an agreement that services would be provided for payment. What the sticking point is whether or not the contract stipulated a time the repairs would take. Obviously you can argue that 8 months is too long.
I suggest you also see your local community law centre, they have free lawyers available to give advice.

http://www.communitylaw.org.nz/community-law-centres/what-do-clcs-do/


+1 to what Ross has said, there is no theft element here. Community law are great and will give you some useful advice and the disputes tribunal while sometimes a bit slow can have a positive impact for a very small cost. Make sure you log all communications and that you are always polite and formal (as you have been in the emails you provided).

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  # 681884 5-Sep-2012 15:56
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Completely unrelated area, but I had a very good experience with the Disputes Tribunal when my son ran up the back of a taxi in my car and the taxi driver began claiming completely unreasonable costs against us for loss of use of his vehicle. In short, taxi driver had his claim for a good 3/4 of his costs disallowed and mediator told him off for trying to inflate his costs.

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  # 681898 5-Sep-2012 16:19
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allan: Completely unrelated area, but I had a very good experience with the Disputes Tribunal when my son ran up the back of a taxi in my car and the taxi driver began claiming completely unreasonable costs against us for loss of use of his vehicle. In short, taxi driver had his claim for a good 3/4 of his costs disallowed and mediator told him off for trying to inflate his costs.


Sounds like common sense prevailed.  Just for clarity's sake, was it the taxi driver that went to the disputes tribunal becuase you wouldn't pay up (because his claim was exorbitant), or did you instigate it because of the exorbitant claim?




"I have noticed even people who claim everything is predestined, and that we can do nothing to change it, look before they cross the road." -  Stephen Hawking


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