is this legal - caveat

It saves money on the simple stuff though.

 

the form to remove is $40
the form to remove giving 30 days to lodger to prove, around $195 with a lawyers letter.

not paying $400 bs, for something THEY choose to put a caveat on, which was petty and a cheap shot for such a small amount. ...sell a persons house??? over $5k? really? there was no need for a caveat in the first place, the courts can enforce the owing amount by other means.

so i dont see how they can FORCE me to pay to remove it, i dont see any legislation to support this.

 

So, again, what are you going to do?

 

As I posted earlier, you don't need to remove it. One day you may want to refinance the property or sell it, then you will require their consent and you will be more than happy to pay when you're desperate to settle the property etc.

 

case closed!

 

Lodge the wrong form and it can get costly. eg 08LX which deals with lapsed caveats has a limit of when the proprietor can lodge it.

Plenty of legislation supports the land titles system

 

$40 plus lawyers letter? i think will still be less then $400?

but it seems most responses here are from a high horse ...
thanks to those who tried to help

 

It's basically an admin fee to remove it.. even if you didn't realise that the bill was outstanding, it happened, it went to court, you got a caveat.. Now that the bill is paid you have to pay admin fee to remove it.
Honestly in this day & age most government agencies have ridiculous admin fees that seem unreasonable, but you just have to grin & bear it (pay it) what can you do? You'll just cause yourself more stress trying to avoid it.
Suck it up & lesson learnt.

 

what can you do?? ?
maybe not be a push-over... and stand up for the rights others later take advantage of.
in my previous post i gave an example of 2 other options to paying ridiculous fees for something that was the choice of the utility not mine. they should remove it. they put it on for their interest .not me.

i asked the council once for a copy of the billing history... they said it would cost an almost $50 fee ...to email it.... what a joke. 100% only a few mouse clicks to do.

 

Think about the utility company. Why should they wear the cost of removing the caveat when it was your actions which brought about its lodgement.

 

Either choose your battles. Or fight them.

dont just talk about fighting.

have you got that lawyers letter to remove the caveat yourself?

 

You weren't a pushover, you got steamrolled by your own inaction, had a judgement made against you and are now complaining about the consequences and cost of those actions.

If you were aware of the consequences, would you have acted any differently?

 

THEY CHOOSE THAT ACTION NOT ME, NOT THE COURT. FOR THEIR OWN BENEFIT.
IT WAS THE INSURANCE THEY CHOOSE TO TAKE... THE OTHER PARTY DOES NOT PAY FOR THE OTHERS INSURANCE.

 

In peoples experience, what sort of communication does a utility send before putting a caveat on? Registered post that sort of thing? And notification of a court date, which would be a serious step?

was the mail sent to the wrong address? You were overseas?

 

rental property in QLD and i was overseas...

 

If it was a rental & the bill wasn't in your name, couldn't you take the tenants to court to get reimbursed?

Or if the bill was in your name & you didn't keep track of it or it's progression to the level it went to, then I'm sorry but it's your responsibility.

 

Wonder whose responsibility it is to make sure utilities can contact you, the account owner.

it matters if you want to say its not your responsibility. Though not sure if that gives you any more options.

 

You didn't pay a debt, you have a caveat listed as a result.

I have no sympathy for you wanting to cause your creditors further expenses.