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641 posts

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#265830 13-Feb-2020 12:13
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Long story short, I suspect I am going to need to take 2Degrees to the disputes tribunal over a pair of $500 headphones.

 

Has anyone gone to the tribunal before? I've touched base with CAB already, they're 100% confirmed I am within my rights here.

 

 

 

I'm aware I'll need to perform a bit of prep work - printing off the emails etc and providing a summary of facts to the hearing.

 

Keen to hear from anyone who has gone through the process please.

 

 

 

Thanks, TehGerbil


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  #2417241 13-Feb-2020 12:15
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Lodge the papers with the DT, who will inform 2D. You'll probably find your issue is solved pretty quick, before a DT hearing is needed.


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  #2417274 13-Feb-2020 12:22
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Yeah I have gone through the process before; and its nice and simple. You can do it all online; just prepare your documents (paper/email trails/etc) in advance. 


 
 
 
 


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  #2417280 13-Feb-2020 12:29
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I went through it but it proved to be entirely pointless. I won, the guy still owes me $6500 2 years later. Even Baycorp have failed to get anywhere.






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  #2417282 13-Feb-2020 12:30
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Not done it myself, but as with any dispute, just keep to the facts and keep cool. Pretty sure 2D will play ball and sort you out once everythings on the table as it were.

 

 





XPD / Gavin / DemiseNZ

 

 


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  #2417283 13-Feb-2020 12:31
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Geektastic:

 

I went through it but it proved to be entirely pointless. I won, the guy still owes me $6500 2 years later. Even Baycorp have failed to get anywhere.

 

 

That bites.... may I ask what it was over ? 

 

 





XPD / Gavin / DemiseNZ

 

 


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  #2417287 13-Feb-2020 12:36
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xpd:

 

Geektastic:

 

I went through it but it proved to be entirely pointless. I won, the guy still owes me $6500 2 years later. Even Baycorp have failed to get anywhere.

 

 

That bites.... may I ask what it was over ? 

 

 

 

 

 

 

Non-supply of goods. The perpetrator is due in court in July to answer charges relating to over $120,000 worth of money owed to various people for the same reason.






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  #2417298 13-Feb-2020 12:50
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I went to the automobile version (same process just some different people) and the day before the court got a payment from the car dealer, settling something that was pending for months.




 
 
 
 


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  #2417306 13-Feb-2020 13:00
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It's pretty straight-forward. Download the application, note out the sequence of events and steps taken to resolve. Pay the fee and wait.

 

But also, now that you've posted here, I would say queue a 2degrees rep in 3, 2, 1....


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  #2417413 13-Feb-2020 14:45
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Thanks freitasm, not sure if they saw my last thread either. I've sent them a PM. 


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  #2417415 13-Feb-2020 14:50
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Geektastic:

 

I went through it but it proved to be entirely pointless. I won, the guy still owes me $6500 2 years later. Even Baycorp have failed to get anywhere.

 

 

Has been my experience for larger sums too. 

 

Courts have these procedures to enforce, but they are can be more costly than is worthwhile. Especially for larger amounts where the person does not want to be found. 


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  #2417427 13-Feb-2020 15:11
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I've been trough it but from the other side.

 

I sold a car for $17k and three months later the buyer claimed it needed $26k in repairs. Yes $26000 !

 

My advice is to make sure you have all your paperwork organised beforehand, and I mean cross your t's and dot your i's, and as mentioned already just stick to the facts and keep calm.

 

In my case the buyer had nothing to prove anything was broken. He just had quotes from a main dealer for random parts saying they were faulty when he collected the car.

 

I, on the other hand, had the pre-purchase inspection report (done by an independent garage he chose) stating everything he was claiming for was in perfect working order, along with an email from him a week after he collected it saying how happy he was with the purchase and references from my own mechanics detailing how they maintain all my cars with no expense spared.

 

Two minutes into the meeting the adjudicator told him he didn't have a leg to stand on and apologised to me for having my time wasted.


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  #2417441 13-Feb-2020 15:25
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Not sure how similar but I've been through the small claims court chasing rent owed to me from my brief time as a landlord (rented my own house out while renting after my job moved towns). I found the Judge to be very easy to deal with as long as I stuck to the facts and had documentation to back up my claims.

 

 

 

The downside with private people is even with a ruling in my favour and an order to pay me $900 in rent I never saw a cent of it. And the court advises if you get a debt collector involved the onus is on you to make sure what's seized belongs to the right person or you are liable for it. And if you want to take it further you have to pay court costs and attempt to recover them from the person on top of previous costs. I just let it go in the end.

 

 

 

But with a large company like 2D it should be a different story.


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  #2417479 13-Feb-2020 16:30
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Used it twice:

 

- once when my son, then a teenager, rear-ended a taxi and the taxi driver demanded all sorts of additional loss-of-use costs after all ready being paid out under insurance using their standard loss-of-use settlement calculation. Insurance company fronted up too and presented evidence that same driver had accepted standard loss-of-use settlement in almost identical circumstances previously, so adjudicator ruled no additional costs on us.

 

- second was for a product from 1-Day which failed inside 12 months and they refused to consider replacement/repair. They settled day before hearing.

 

So for me was an effective process both times.


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  #2417483 13-Feb-2020 16:34
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We went re work paid to a trades person (Not sure this person qualified which is the point) over about $2300 worth of stuff. Ended up on Fair Go. Went to DT other parties didn't attend (knew they wouldn't). We were prepared with photos and text messages and the whole thing was over and done with in 20 minutes. We won. Never got the money, they vanished into thin air. 

 

Companies have now been dissolved. Was a bit of a waste of time. 

 

Most companies settle beforehand in my experience unless there is a legitimate dispute over the validity of the claim.

 

Document everything. Be unemotional. Staying calm will work in your favour. Don't take it personally.


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