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... another money owed

Discussion in 'Small Business' started by Lizzie, 1st Jul, 2016.

  1. Lizzie

    Lizzie Well-Known Member

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    In February we supplied grapes to a local winemaker - paid for the picking and transport ourselves - with a payment schedule (which is normal in the wine industry) for the total to be paid off over 6 months - with final payment being 30th June.

    Feeling rather annoyed (to put it mildly) after being promised payment over and over yet not a cent has come through, despite several email and telephone reminders/requests for payment.

    It's only a small amount of just under $3,000 ... but I'm not prepared to write it off. They live in a super flash house on a substantial property, kids go to the most expensive private school in the area and I understand things can be tight in the winemaking business ...

    I have just left YET another message on their answering machine advising I will be taking this to the small claims court ... and want to start proceedings. This is a situation of an individual supplying a business (ABN holder).

    I thought the correct place to go is NCAT (NSW) but the website seems to deal mainly with residential/tenancy or consumer (purchaser) complaints ... talking to the Dept Fair Trading, they don't deal with these issues of an individual supplying goods to a business ... recommended Small Business Commissioner, but said they deal with business to business only ... should I just go straight to a debt collector?
     
    Last edited: 1st Jul, 2016
  2. EN710

    EN710 Well-Known Member

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  3. geoffw

    geoffw Moderator Staff Member

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    My debt collection was $300 up front then 5% of amounts collected. It may be worth it to save the hassles of you doing it. They don't do that much really, just serve a few notices- but that may be enough to scare them into payment.

    Don't use the debt collectors I used though.
     
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  4. Lizzie

    Lizzie Well-Known Member

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    Just really peeves me off - as a person who goes out of their way to pay their debts. Especially when it's not a large amount ... will struggle thru the NSW Online Registry form for a while ...
     
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  5. Biz

    Biz Well-Known Member

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    Show up to their flash house and say you're not leaving until they pay, for maximum effect do it around dinner time when the whole family is there. You have to make it personal with parasites or they will give you the run around.
     
  6. Lizzie

    Lizzie Well-Known Member

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    The hardest part is that we were quite good friends with them right up until now so don't think I could do that ... costs $95 to lodge small claims application so just waiting for the "okay" from hubby to pull the trigger
     
  7. wylie

    wylie Moderator Staff Member

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    That's tricky if you have been good friends. Maybe call again and say you will be calling over to collect the cash on Monday night at dinner time. That gives them time to get the cash out OR call you and stop you coming because they've transferred to your bank.

    If it is awkward to call in person, won't it be just as awkward taking them to small claims?
     
  8. Lizzie

    Lizzie Well-Known Member

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    Think it's gone beyond awkward ... and I don't want to fobbed off with false promises yet again ... must've had a dozen "will pay by xx" promises from them and not one cent is yet been received.

    They are also not taking my calls, since the last broken promise two weeks ago, and allowing them to go the message ... I'm cool with that ... messages have been left on mobile, landline and via email
     
  9. legallyblonde

    legallyblonde Well-Known Member

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    Any chance of alternative payments being made if cash is tight?

    It is total BS though that they are mucking you around!

    Perhaps let them know that you are unsure of the best way to take action but you will speak to other industry stakeholders to determine the best course of action...

    NOBODY wants to be known as a debt avoider.
     
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  10. MTR

    MTR Well-Known Member Premium Member

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    Pull the trigger, small claims, there is no coming back because they have already caused the damage IMO.

    MTR
     
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  11. Lizzie

    Lizzie Well-Known Member

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    ... just received and email full of excuses and a bit snarky about my "threatening" email ... seriously ... I was so apologetic during my email, and regretful at having to consider small claims ... apparently have been paid $500 via transfer, with the balance promised in mid-August.

    Talking to another grape grower tonight... apparently the one we are dealing with is notorious for not paying ... so will consider "being the squeaky wheel" a small win for now
     
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  12. MTR

    MTR Well-Known Member Premium Member

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    Lizzie
    why are you actually entertaining this??
    either take it further... via court otherwise blow it off and move on, you have 2 choices.

    Sorry to be blunt but I call a spade a shovel .
     
  13. wylie

    wylie Moderator Staff Member

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    I'd be pushing now you've had some result from your email. Seriously, mid August is what... another six weeks away. That is not good enough.

    My brother kept mowing the yard of a serious late payer. I never understood why he kept going back without being paid. My hubby was helping him out one day, and he was moaning about having not been paid. Hubby went to the door, knocked and said "you owe (name) $300 (or whatever the amount was)."

    He went inside and got cash to pay him. I would guess he had the cash all along, but when my brother didn't bail him up and push him to pay, he probably either spent it or just thought he'd wait until he was asked. My brother didn't knock on the door, but that is all it took to get paid. My brother is way too nice and my hubby was sick of hearing him complain.
     
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  14. Marg4000

    Marg4000 Well-Known Member

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    I would wait til the transfer comes through (if it does) then email and basically tell them not good enough. At a minimum I would request $500 per week until the debt is paid. One default and it is off to debt collection or legal recourse of some sort.

    Reckon the friendship is trashed by now anyway.
    Marg
     
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  15. Lizzie

    Lizzie Well-Known Member

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    I'm with you guys ... the friendship is trashed ... $500 is not enough ... apparently the reason they didn't answer my calls was they "were away" ... so enough dosh to go on hols (I assume, otherwise why go away) but not to pay bills.

    Sadly some other people have different priorities.

    I will leave it to mid-August as do understand cashflow "can" be a problem in the wine industry ... but if not received by then, then there will be no warning, just a court order. I know - I'm to soft and trusting
     
  16. WattleIdo

    WattleIdo renovating Premium Member

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    A work colleague and I have come up with a motto to keep us going. Makes me laugh anyway: "Without hope there is nothing! "
     
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  17. Azazel

    Azazel Well-Known Member

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    Go and repossess the grapes.
     
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  18. Biz

    Biz Well-Known Member

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    Go and smash a dozen bottles of Merlot on their driveway.
     
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  19. bob shovel

    bob shovel Well-Known Member

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    Maybe just wave it around first, could very messy if hubby puts a cap old mate

    As the old saying goes... you don't get rich paying invoices :cool:
     
  20. MsAli

    MsAli Well-Known Member Premium Member

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    These people sound like our landscaper. Too many excuses and no show. The amount against work outstanding is much bigger...

    Hope you have it sorted Lizzie