One of my guys is on A Current Affair tonight - small case against Bunnings

Discussion in 'Living Room' started by RPI, 21st Feb, 2018.

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  1. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Last night's story was the first part.

    I'm outside of Australia. Why can't I watch 9Now?

    Short version
    Hervey Bay handyman's casual employee cries desperation and can he borrow the ute overnight. Ute has bunnings trade card and caltex fuel card in it.
    Ute and guy doesn't come to work next day.
    Employee goes on epic $20k spending spree and bunnings and $1500 at caltex.
    Ute is never seen again.
    Employee goes to jail for 4 months for fraud theft, etc.
    Caltex writes off the fees.
    Bunnings doesn't waive, keeps charging overdue interest - $6k now
    Bunnings takes guy to court, caveats house. Longest repayment plan they gave him was 6 months.

    Irana is one of my credit repair/consumer law lawyers who also lives in Hervey Bay. Someone asked her for help on his behalf, she reached out and said yes we would do pro bono. Current Affair did her side of it today.
     
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  2. larrylarry

    larrylarry Well-Known Member

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    Great work.
     
  3. TMNT

    TMNT Well-Known Member

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    I do feel sorry for the guy, but its not really bunnings fault,
    obviously he gave the employee the pin number as well right?
     
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  4. qak

    qak Well-Known Member

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    Is this the PowerPass credit account?

    Bunnings Commercial PowerPass

    "It's all free and ready to go. What have you got to lose?" :eek:
    On one page it says the limit is up to $10K, on another it is $5K!

    Where do you put $20K of Bunnings purchases and $1500 of caltex purchases???
     
  5. Xenia

    Xenia Well-Known Member

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    Employee goes to jail for 4 months on tax payers money. More costs on costs he already incurred. How about paying back what he owes. How about working for free until all that debt is recouped?
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    The Bunnings trade agreement must have a clause where the borrower
    The employer could sue him.
     
  7. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    Seems fair, but would you continue to employ this person?
     
  8. JetstreamVic

    JetstreamVic Well-Known Member

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    I feel sorry for the ‘victim’ in this case (I use inverted commas, because the real victim is bunnings), however I have no issue.

    I mean, the worker knew the pin, so why should bunnings cop the loss because the ‘victim’ wasn’t secure with his pin?

    People need to be more accountable, this is what happens when you are not.

    It is also quite disengenuous to try an draw an inference about Caltex dropping their claim, I reckon they wouldn’t if it was 20k
     
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  9. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    The key issue is that bunnings increased the guy's credit limit to $40k, from $2.5k, he didn't ask, nor was he told about it. (bunnings claim a letter sent, but client says not received and with the record keeping he has, we believe him). Had that not done that then he would have been up for $2.5k max
     
  10. Nadine Cross

    Nadine Cross Well-Known Member

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    Hopefully the courts make the right decision...rule in favour of the real victim - Bunnings - and employee is made to face the music...do the time and then repay the money.
     
  11. Noobieboy

    Noobieboy Well-Known Member

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    Maybe the perpetrator intercepted the letter and that all lead to the issue?
     
  12. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Even so, Bunnings should require positive acceptance of a credit limit increase.
     
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  13. Noobieboy

    Noobieboy Well-Known Member

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    Completely agree. I hate credit limit increase invitations let alone increasing without even an acceptance.
     
  14. Nadine Cross

    Nadine Cross Well-Known Member

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    further to that..not the guy being interviewed by ACA.. the low-life who worked for him.
     
  15. Stoffo

    Stoffo Well-Known Member

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    Re the pin number.
    My former employer (a builder) had a 4th year apprentice, for just over 2 years everything was fine, then he finally noticed cash withdrawals from ATMs he couldnt remember and sports purchases o_O
    The 20 something had managed to get a glimpse of him entering his PIN over many visits to Bunnings and would go past the ATM while doing the smoko run in the bosses ute :eek:
    ATM footage was obtained by the police, charges and court conviction resulted:p
    There is that much cctv around that it is hard to enter your PIN without it being seen :(
     
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  16. ShireBoy

    ShireBoy Well-Known Member

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    I believe you now have to opt in to credit limit increases.
     
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  17. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Isn't there a recent law change where the credit provider needs a borrowers permission to do this? I keep getting offers to increase my credit cards - which i ignore.
     
  18. SatayKing

    SatayKing Well-Known Member

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    I understand there is. With my cc's it was an opt out option which I think is a bit naughty. It should be opt out by default not the other way around.
     
  19. wylie

    wylie Moderator Staff Member

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    I have a power pass and was told that only I cannot use it, that I might have to show ID to prove it is me. And increasing his limit without him agreeing is something Bunnings needs to address.
     
  20. willair

    willair Well-Known Member Premium Member

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    It will be interesting to see what expert evidence is given during the course of the judicial proceedings ,plus would this a/c installer as he has a bill for all the tools be able to claim the tools on his tax?.maybe not..