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Topic: Dodgy ex-housemate and unpaid rent... what do?
Crizane Tribal
Posts: 3686
Location: Brisbane, Queensland
I recently had a housemate move out. He was a bit dodgy about paying stuff (e.g. would always pay me power/gas bills weeks or months late). Upon reviewing our rental ledger for the current financial year, it would appear that the ex-housemate simply didn't pay his rent several times (amounting to thousands of dollars). I know getting money out of him is going to be a challenge. Primarily because he's hopeless with money and is always broke, despite making decent money. Would QCAT be the best option if he won't pay up? Has anybody had experience with this sort of thing?

For the past 2 years, we have all just transferred our individual rent amounts into a trust account on pay day. We would put 'rent' and the unit number with our initials in the note for each payment to ensure that it would be identifiable. However, it would appear that the software that they use as a register for rental payments does not log the notes, so we can only identify who made a payment by the amount deposited (the rent was divided up based on how big/good each room is). My remaining housemate and I have a copy of the rent ledger, and can provide bank details for the last 6 months. This data will marry up perfectly, proving that any discrepancies will be a result of the ex-housemate not paying up. Will this kind of evidence be enough for a small claims court? My remaining housemate and I have squeaky-clean criminal records and credit ratings. The ex-housemate... not so much. Would that matter if it came to court?

Any advice or information would be greatly appreciated. More dodgy housemate stories could also be fun! I can't wait to move into my own place in July...
system
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Eorl
Posts: 5065
Location: Brisbane, Queensland

Are you through a real estate agency? If so, ring them up and let them know. There is also some rental organisation that blacklists names etc.
hardware
Posts: 9980
Location: Brisbane, Queensland
i feel sorry for anyone who chooses to or is forced to rent with housemates - from all the stories i've heard it sounds like it's the worst way to save a hundred bucks a week or so. sounds like my idea of hell.
m3nt4l
Posts: 2159
Location: Brisbane, Queensland

Yeah I would never do the housemate thing again, I also wouldn't live in a complex or terrace house either, I like sound.

Was he on the lease? I get a ledger printed monthly from the real estate which I check against my records, apparently after three months they can't backtrack payments, I'm not sure on the legality of that, but I always make sure I'm well ahead (love not paying for a couple of months at the end of the lease, and I move often).
Hogfather
Posts: 11755
Location: Cairns, Queensland

First of all, how much does he owe? Is thousands of dollars 2k or 8?

Is his name on the lease?
teq
Posts: 12381
Location: Brisbane, Queensland

depending how the lease is setup - ie did you all sign a single lease or do you all have individual leases?
you'll either have to chase it up yourself if you all signed a lease together, or you just need to prepare your records to show the agent and let them deal with chasing him up

good luck, I had a mate living with me who was the same, I ended up just paying it and disowning him
best 2k i ever spent
Crizane Tribal
Posts: 3687
Location: Brisbane, Queensland
We don't go through a real estate agency, it's taken care of by the building manager. He's a real cool dude and very helpful in providing us with as much info as possible. Unfortunately the software that the body corporate makes him use is so crap that it doesn't contain enough data for him to pursue the ex-housemate individually, they would have to come after all of us :(

Yeah you're right, Hardware. The housemate I'm still living with was also my housemate in uni. He's the only person I have ever lived with that afterwards I said I would still live with again; he pays everything on time, isn't too loud, doesn't trash the place and is fairly clean (well he's slacked off a bit lately, but he's normally pretty good). I'm over the whole housemates arrangement though; will definitely get my own place or move in with the girlfriend when the lease runs out.
teq
Posts: 12382
Location: Brisbane, Queensland

well it will boil down to whether or not they have the legal footing to chase you for the money he owes, that depends on your lease as i've already said
it also depends on him being a nice guy, if he gets your proof that you paid what you owed, he might just cop it on the chin and chase the other guy up himself

I gotta tell you though, as a landlord I f***ing hated c***s who didn't pay rent, they don't realise or care that you're just an average person who also has a mortgage to pay on the property too
I usually just forced the person who signed the lease to pay, regardless of whose fault it was, because it sure as s*** wasn't my fault

i'd start by getting your proof together, that's your best bet
Eorl
Posts: 5067
Location: Brisbane, Queensland

And that's why I live with 3 girls. Found all the horror stories relating to renting with others to be with males.
redhat
Posts: 748
Location: Sydney, New South Wales
Judge Judy
Outlaw
Posts: 1241
Location: Gold Coast, Queensland

And that's why I live with 3 girls.

pics?
Sc00bs
Posts: 8554
Location: Brisbane, Queensland
f*** some of you guys are vaginas, if he isnt paying say something or make him pay it... whats the problem? just not wanting to cause problems? should have kicked him out well before this if he was always behind in rent/bills...

Pretty much all u can do is go up talk to the real estate explain what the deal is and they will prob ask for bank statements etc.
HeardY
Gaelic newb
Posts: 20489
Location: Sydney, New South Wales

Yeah why has it come to this?

You should have spoken to him long before this s***, especially if you knew he was always late. I'd make sure he made the payments on pay day.

At the same time, why should you have to mother him, but if the alternative is you end up paying his rent I know which option I'd take!!
BOHEMION
Posts: 467
Location: Brisbane, Queensland
Would that matter if it came to court?


It sort of depends how much he owes and how desperate you are for it.

Form 3 (V2) Minor Debt Claim filed with the Small claims Court will get it started if under 10K is owing.
FaceMan
Posts: 8175
Location: Brisbane, Queensland
I was a living with a guy who was in a granny flat out the back.
one day i got a Bill from Telstra which was unusual because my phone was with Optus. Apparantly he'd been using the 2nd line (for dial up net) to get wake up calls in the morning to go to work. $200 bill for months of calls.

Guy was a pothead, its been my experience stoners cant manage money.
He was always late with bills and often had no money for food and wouldnt eat, but he rarely ran out of pot. I was running an 'account' for him, eventually i got sick of it and told him to leave.

He tried to get out of the last power bill too.
I shamed him out in front of a bunch of friends.

People say dont live with your friends but really its not a lot different with strangers. Some ppl are just irresponsible.

hows that phrase go ? put it down to a life lesson.
Hogfather
Posts: 11756
Location: Cairns, Queensland

f*** some of you guys are vaginas, if he isnt paying say something or make him pay it...

So how to you 'make' someone pay up? Can you recommend him a knee breaker, or are you volunteering as the resident hard c*** to sort it out for a slab?
whats the problem? just not wanting to cause problems? should have kicked him out well before this if he was always behind in rent/bills...

It sounds like they were unaware of the rent arrears until now. Which is s*** to start with, system seems like balls.
teq
Posts: 12384
Location: Brisbane, Queensland

f*** some of you guys are vaginas, if he isnt paying say something or make him pay it... whats the problem? just not wanting to cause problems? should have kicked him out well before this if he was always behind in rent/bills...

Pretty much all u can do is go up talk to the real estate explain what the deal is and they will prob ask for bank statements etc.


tough c*** alert, lets get a good old fashioned qgl e-bashing going
Sc00bs
Posts: 8555
Location: Brisbane, Queensland
yeah being a pro-active person in regards to your possible rental blacklisting is really tough.. dick head.

Either make him by getting up him/ or simply kicking him out. Obviously he knew that this dude was s*** with money, so some red flags would have come up well before this.

Eorl
Posts: 5069
Location: Brisbane, Queensland

I think Scoobs is just saying "why did you let it come this far", especially when it sounds like he hasn't been paying properly for awhile.

pics?

They would not like this.
funky
Posts: 1512
Location: Brisbane, Queensland
yeah, if he is on the lease and you can prove that you've paid your share, then you can go after him, however if there is only one person on the lease (you or whoever) then i think you're going to be pushing s*** up hill.

pretty sure it has come this far because as Crizane said, they always paid individually into the trust account so wouldn't have been aware that the others were/were not paying
Sc00bs
Posts: 8558
Location: Brisbane, Queensland
After 1 or 2 missed payments the real estate would have contacted them, there is no way they would let it get to a few grand before saying something...
HeardY
Gaelic newb
Posts: 20490
Location: Sydney, New South Wales

They would not like this.



They don't have to know ;)
Outlaw
Posts: 1243
Location: Gold Coast, Queensland

pics?

They would not like this.

voyeurism son
teq
Posts: 12385
Location: Brisbane, Queensland

yeah being a pro-active person in regards to your possible rental blacklisting is really tough.. dick head.

Either make him by getting up him/ or simply kicking him out. Obviously he knew that this dude was s*** with money, so some red flags would have come up well before this.


you said

make him pay it


how do you propose he does that?
the guy moved out, he's gone - their only recourse for recouping that money now is small claims court
in the meantime they're likely going to get stuck with his bill, meanwhile this guy could disappear for a while and unless they know how to contact him they wont have much luck with small claims

stop acting like a tough c*** and realise the situation isn't as black and white as you're making it out, calling people vaginas for trusting other people
good one, idiot
Crizane Tribal
Posts: 3688
Location: Brisbane, Queensland
The ex-housemate was always good at paying rent for the first year and a half. We didn't even know there was a problem until the building manager pulled up my other housemate this morning and gave him a printout of our rental history. If I had known he had skipped payments I would have turfed his s*** long ago.

We were all on the lease. So far we have found his owing amount to be about $2k. He will not have this kind of scratch lying around; in the past he has had to borrow a hundo here or there from family/friends to last him until pay day. The guy would be taking home a bit over a grand a week after tax, so he's not exactly poor.

The building manager has admitted to us before that the software he has to use is basically s***. I have beers with him at the pub sometimes. Nice chap, and he'll help us in any way that he can but we're just so limited by the poor software. It doesn't even flag when somebody misses a payment!

I gotta tell you though, as a landlord I f***ing hated c***s who didn't pay rent, they don't realise or care that you're just an average person who also has a mortgage to pay on the property too

Yeah, this pisses me off. Signing something like a lease is a promise to pay the agreed amount at the agreed time. I take that kind of thing VERY seriously, I never pay anything late. I'm just furious that my name has been sullied by somebody else's ineptitude (I'm kinda like John Proctor in The Crucible- I take my word very seriously).
trog
AGN Admin
Posts: 35535
Location: Brisbane, Queensland

Crizane: has the real estate mob noticed that you are behind in the rent, or just you guys for now?
Sc00bs
Posts: 8559
Location: Brisbane, Queensland
well thats half the real estates fault then for letting you get 2k behind in dept without raising the issue with you guys.

yes teq i said make him pay.... while he was there. Not go around now and break his legs u f***in wank stain.
ravn0s
Posts: 14410
Location: Brisbane, Queensland
reading comprehension ftw

We don't go through a real estate agency
Eorl
Posts: 5070
Location: Brisbane, Queensland

They don't have to know ;)

voyeurism son

Hive mind. Maybe when I'm drunk enough. Though one of them checks here regularly so probs not.

Back on topic, it seems your rental agency/person you pay hasn't notified you that you were always late in payments/under payments. Either they didn't bother looking or someone had contacted them prior to late payments. Did you know at all that he was late while he was living with you? How come you didn't approach him and ask what the hell was up? Never mind, read your post above. In my house, we pay fortnightly, and we pay Ash all our rent and then she pays the dude who owns the house. Though I guess I'm lucky in that we don't have to go through rental agencies.
arkter
Posts: 492
Location: Gold Coast, Queensland

And that's why I live with 3 girls. Found all the horror stories relating to renting with others to be with males.


I had a female room mate a while ago, best ever.... kept the place clean, always cooked dinner for both of us... I just had to take the garbage down and kill the odd insect that found its way into the house.

I remember her getting s***ty with me because she bought some guy over for a date, I arrived home late to find them pashing in the kitchen after a romantic dinner she cooked, so I went and played some xbox in the living room to give them some privacy, her date ended up playing xbox with me all night while she sat there and watched. What a legend. She didn't call him back.

So yeah, female room mates... aaaaawesome!
teq
Posts: 12387
Location: Brisbane, Queensland

yes teq i said make him pay.... while he was there.


are you slow or just dumb?

If I had known he had skipped payments I would have turfed his s*** long ago.
Crizane Tribal
Posts: 3689
Location: Brisbane, Queensland
Trog: The building manager mentioned it to my remaining housemate this morning and gave him a printout of our payment history.
Eorl
Posts: 5071
Location: Brisbane, Queensland

I had a female room mate a while ago, best ever.... kept the place clean, always cooked dinner for both of us... I just had to take the garbage down and kill the odd insect that found its way into the house.

I remember her getting s***ty with me because she bought some guy over for a date, I arrived home late to find them pashing in the kitchen after a romantic dinner she cooked, so I went and played some xbox in the living room to give them some privacy, her date ended up playing xbox with me all night while she sat there and watched. What a legend. She didn't call him back.

So yeah, female room mates... aaaaawesome!

Basically what I've got now. My girlfriend is a chef so she will usually cook, though I'm learning how to cook dinners now, so gooood. Everyone keeps everything clean, only real mess is the bathroom but it's more so just everyone's shampoo's everywhere. I've got my own study and so I keep to that room mostly. All in all, it's much better then what I keep hearing when people live with blokes. Though one of the girls will be moving out soon, and I'm getting a good friend to come in, but he'll be an exception because he is a plumber, so will barely see him, and his very clean.
FaceMan
Posts: 8178
Location: Brisbane, Queensland
$2000 is a lot of money, how do you forget to pay $2000 in rent ?

Time for a house meeting.
arkter
Posts: 496
Location: Gold Coast, Queensland


Time for a house meeting.


Time for a camp fire, this is exactly how it will go. Embezzled rent money lol.

IVY_MiKe
Posts: 685
Location: Canberra, Australian Capital Territory

They would not like this.


I'm pretty sure none of us are interested in whether or not THEY are interested in this...
(or are you being a bro by not publishing pics of mingas/heffas/horrors?)

EDIT: Good luck if they ever 'get in sync'... (that being said some chicks are still human beings when PMSing... others hold that s*** to you like it's your fault they get cramps/headaches etc)

living in the ACT as a single bloke is f***in prohibitive as far as rental costs go, so I've lived in share houses for just more than 10 years now...

In that time I've learned that regardless of who I'm living with, you never let money lapse (without openly discussing how it will be sorted) and you never let something small niggle away at you... if someone leaves a mess... be straight, get it sorted, get it out of the way, and get on with each others lives.
fade
Posts: 7302
Location: Brisbane, Queensland

I'm surprised it went on for so long before the manager pulled you aside.

Would QCAT be the best option if he won't pay up?

Yes.

Will this kind of evidence be enough for a small claims court?

Small claims is now in QCAT. And yes, it i would be sufficient for the period you have the rent ledger and the bank statements. Unfortunately, it will not prove the earlier period. You need to get your bank statements for the whole period he was delinquent.
My remaining housemate and I have squeaky-clean criminal records and credit ratings. The ex-housemate... not so much. Would that matter if it came to court?

No. Completely irrelevant.
Eorl
Posts: 5072
Location: Brisbane, Queensland

I'm pretty sure none of us are interested in whether or not THEY are interested in this...
(or are you being a bro by not publishing pics of mingas/heffas/horrors?)

living in the ACT as a single bloke is f***in prohibitive as far as rental costs go, so I've lived in share houses for just more than 10 years now...

In that time I've learned that regardless of who I'm living with, you never let money lapse (without openly discussing how it will be sorted) and you never let something small niggle away at you... if someone leaves a mess... be straight, get it sorted, get it out of the way, and get on with each others lives.

Yeah, most of my friends renting usually check each week that everyone has paid, either by getting a copy of the transfer or getting the real estate/owner of the house to send them an email saying paid in full.

Also two of them do burlesque :D
Outlaw
Posts: 1244
Location: Gold Coast, Queensland

Hive mind. Maybe when I'm drunk enough. Though one of them checks here regularly so probs not.



name?
funky
Posts: 1514
Location: Brisbane, Queensland
I too live with girls and they are great to live with. one spends most of her time at the gym or work, and the other spends a heap of her time with her boyfriend, between the three of us we aren't home all that much on the weekends either. tis wicked, means i can often have the whole house to myself!

on top of the cleanliness benefits etc as well, although one of them is hyper clean and is always doing more cleaning than necessary, but she acknowledges that and doesn't get annoyed at us or anything and just does it.
i do the basic garden/mowing/bins stuff, also put together their furniture and help them move stuff as well. i also own the only car in the household so give them the occasional lift. works out well!

Mordecai
Posts: 1225
Location: Victoria

I have solved half the problems on this page. Eorl just needs to invite us over for a "house warming" so we can see the girls in the flesh. I know seeing real live girls might be scary for some of you but they don't bite unless you asked them nicely.

I rent a three bedroom house and pay all the rent myself. I keep thinking I should get a house mate but then I keep thinking about how much I like the peace and quiet.
arkter
Posts: 497
Location: Gold Coast, Queensland

I rent a three bedroom house and pay all the rent myself. I keep thinking I should get a house mate but then I keep thinking about how much I like the peace and quiet.


Just be selective!
Eorl
Posts: 5073
Location: Brisbane, Queensland

I have solved half the problems on this page. Eorl just needs to invite us over for a "house warming" so we can see the girls in the flesh. I know seeing real live girls might be scary for some of you but they don't bite unless you asked them nicely.

I rent a three bedroom house and pay all the rent myself. I keep thinking I should get a house mate but then I keep thinking about how much I like the peace and quiet.

Bahaha. We actually had our next door neighbours come over yesterday night because they wanted to see our guinea pigs. Was weird :S
IVY_MiKe
Posts: 687
Location: Canberra, Australian Capital Territory

...because they wanted to see our guinea pigs


maybe that's not all they were there for... ;)
Eorl
Posts: 5074
Location: Brisbane, Queensland

maybe that's not all they were there for... ;)

Heh. They did also "borrow" one of our recycle bins, saying it will be the "party" bin. Was like meh, we had two anyway, barely fill one.
Raven
Posts: 6432
Location: Melbourne, Victoria
I will admit, I've never had to do the share housing thing.
But I don't understand how it's hard: Your pay goes in to an account from your employer, and you also have set-up an automatic bank transfer to handle it before you even know it's there. So you know, straight away, you only have ($pay-$rent) to play with every X days.

For me, I know I have consistent costs for a few things:
Rent, weekly; Medibank, $105 monthly; mobile, $75 monthly; Savings, $500 monthly; All of these are treated like I never got to see the money in the first place, they just come straight out of my account automatically debited.

Why is that so hard?

I rent a three bedroom house and pay all the rent myself. I keep thinking I should get a house mate but then I keep thinking about how much I like the peace and quiet.

Now that my car is paid off, I'm looking to buy a house. It's a big lot of unknowns. Mortgate repayments will be the biggest pain in the ass, about $1,000/fortnight, a massive lifestyle change :/
I too sorta think "I *could* rent out a room and get what, $150/week, and maybe cut some costs on power, gas, water etc... but is $500/week worth having to put up with some annoying twat who brings home a new loud girl every third night?

last edited by Raven at 14:00:28 27/Jan/12
Nerfy
Posts: 5290
Location: Brisbane, Queensland

Skipped through most of the thread, but ftr it is possible to find good flatmates, just need a bit of investigating/interviewing first.
skythra
Posts: 5141
Location: Brisbane, Queensland

the guy moved out, he's gone - their only recourse for recouping that money now is small claims court

Happened to me before where i let someone stay with us they ended up being there for months instead of like a fortnight so I said to him to start paying rent.. he did for about a couple of months then a while later he spent his money badly and had none for about 3 weeks, so by a month late i started to ask him seriously, confronted him and eventually I sent him a written letter of demand. Just a nicely drafted letter which said if he doesn't pay in 14 days for the 5 week overdue account, i'd take it to court.

He paid up.

Strangely enough everyone's like "oh no not court please don't make me take him to court" hurf durf just write something formally to send it even if it's to your own damn house. When they get it they freak out and start prioritizing s*** as it gets real.

And frankly i would have taken him to court, i mean why not? a couple of hours to get a few hundred/thousand dollars. Not a big deal.
skythra
Posts: 5142
Location: Brisbane, Queensland

Your pay goes in to an account from your employer, and you also have set-up an automatic bank transfer to handle it
Handle what? You realise when the bill is split 4 ways, the rental agency actually doesn't want you to pay individually, you combine the payment so you can give it to them in one transaction...

SO yeah, you do have to coordinate or ask someone to cover you at times if things align poorly.

In the past I have started a second account (netbank saver account) to throw money from me and the housemates into, but would you trust putting your money into a strangers account hoping they'll pay the rental agency? What if they're flakey?

Well i mean i would, and did. That's why finding housemates can be hard sometimes.

Also often things like rent are monthly while income is weekly or fortnightly, sometimes like now i get paid every month, but rent is weekly. So there isn't just a single transaction realestate companies don't often like you paying well in advance either because they lose track of what you're doing. Well they don't mind it's just that it sometimes turns into a fight when you're trying to say "On the 22nd i was paid up to the 28th of the next month because i paid 5 weeks in advance and" etc
Hogfather
Posts: 11757
Location: Cairns, Queensland

Skipped through most of the thread, but ftr it is possible to find good flatmates, just need a bit of investigating/interviewing first.

Reports of your drowning were premature I take it?
Raven
Posts: 6434
Location: Melbourne, Victoria
Handle what? You realise when the bill is split 4 ways, the rental agency actually doesn't want you to pay individually, you combine the payment so you can give it to them in one transaction...

SO yeah, you do have to coordinate or ask someone to cover you at times if things align poorly.

So you get a separate account which you transfer it in to, and that one account transfers it to the rental agent.

I don't see how that's complicated.

I sure as hell wouldn't accept cash which can't be tracked.
Crizane Tribal
Posts: 3690
Location: Brisbane, Queensland
I'm in the same boat as you, Raven. Looking at buying this year or next. $500 a week to pay of a 2-bedroom shoebox in the suburbs is going to sting, but at least I don't have to worry about moving or housemates again, and I can do whatever I want to it. Saving up a deposit is a bit of a bitch though : /
Captain Lateral
Posts: 4353
Location: Brisbane, Queensland
I share housed with my sister, her boyfriend / husband & my missus in a 3bdr townhouse.

It was s***, still better than living at home, but they bailed after an argument over air-con use and stopped paying rent, being younger we just assumed we'd have to cover it "being the only ones actually living here", so we did. Realized a couple of months ago that we could have claimed back the difference in their bond, or forced them to continue to pay rent until they get their names off the lease. although i doubt I would have, considering its family.
Raven
Posts: 6435
Location: Melbourne, Victoria
I'm looking at areas like Craigieburn, Roxburgh Park and Greenvale - all northern suburbs out past Broadmeadows (which used to be considered a really bad part of the city).
The other suburb I considered was Atherstone - Melton South, but it's too far.

On one hand I'll still be 40kms from the city, but I already am now, so no change there.

Saving hasn't really been a problem for me, it's just that I'm really bad with money. I've gone through years of buying all kinds of stuff I don't need - mostly Cameras and Bikes are the expensive ones.
Target timeframe is ~8-12 months at which time I hope to have $80k ready to go, puts me at a cap of about $345,000 on a single income of $85k/pa - though I need to thoroughly go over the figures (cos I've no idea what utilities will end up costing).
FaceMan
Posts: 8181
Location: Brisbane, Queensland
that method of rent payment encourages abuse.

you should have been aware of unpaid rent at the first week.
Timmeh
Posts: 1805
Location: Brisbane, Queensland

I was a living with a guy who was in a granny flat out the back.
one day i got a Bill from Telstra which was unusual because my phone was with Optus. Apparantly he'd been using the 2nd line (for dial up net) to get wake up calls in the morning to go to work. $200 bill for months of calls.

Guy was a pothead, its been my experience stoners cant manage money.
He was always late with bills and often had no money for food and wouldnt eat, but he rarely ran out of pot. I was running an 'account' for him, eventually i got sick of it and told him to leave.

He tried to get out of the last power bill too.
I shamed him out in front of a bunch of friends.

People say dont live with your friends but really its not a lot different with strangers. Some ppl are just irresponsible.

hows that phrase go ? put it down to a life lesson.


This story is bulls***. You don't have friends.
Raven
Posts: 6441
Location: Melbourne, Victoria
http://t1.gstatic.com/images?q=tbn:ANd9GcSU65bXlcR4rZb_Yv2LCA1WQ6G8dDk0n8yeJNEQ0jukkuX3bCEH3g
FaceMan
Posts: 8183
Location: Brisbane, Queensland
Timmeh you aint all that and a bag of crisps.
DeadlyDav0
Posts: 1470
Location: Brisbane, Queensland

Im interested in this small debts claim thing. 2 people owe me approx $1500 each which i would prefer back in my account. problem is, both are from about 5 years ago (year on campus college then we split ways) and although i know their names, i dont know any contact numbers, addresses or anything like that. I suppose i could track them down via facebook or something (that i dont currently have) or should i use a professionals help? I would have dealt with this a long time ago but i was young, stupid and didnt realise the matter could be sorted out so easily. I found this form online (http://www.qcat.qld.gov.au/__data/assets/pdf_file/0019/100855/form-03-app-mcd-minor-debt.pdf) after bohemian suggested small claims.

Am i on the right track?
Outlaw
Posts: 1246
Location: Gold Coast, Queensland

You must lodge your claim within six years of when the money was owed to you

Seems kind of s***ty to chase someone for money after 5 years also, don't you think? Depends on what happened to you I guess. Still..
DeadlyDav0
Posts: 1471
Location: Brisbane, Queensland

Seems kind of s***ty to chase someone for money after 5 years also, don't you think?

Never acted upon it because i lost contact and had some idea the costs involved in getting the money would cancel out the gains. 6 years hey, f***.
Mephz
Posts: 959
Location: Brisbane, Queensland
5 years ago.... seriously? just let it go
no you hang up
Posts: 1908
Location: Brisbane, Queensland

lol. housemates... ther's your fail right there....
skythra
Posts: 5147
Location: Brisbane, Queensland
Housemates are far better than say, parents or girlfriends. Some of my best times have been with housemates, be it quake 3 back in 2004 or later when i moved in with two lesbian chicks doing karaoke with their friends at our home.
Outlaw
Posts: 1249
Location: Gold Coast, Queensland

i moved in with two lesbian chicks doing karaoke with their friends at our home.


got pics?
Jc_23
Posts: 411
Location: Brisbane, Queensland
Seems kind of s***ty to chase someone for money after 5 years also, don't you think?


No whey! Scrilla owed is scrilla owed - it's vice versa if anything. :)
Outlaw
Posts: 1260
Location: Gold Coast, Queensland

I guess so, if you want to be a real wanker. Would you add on the 5 years worth of interest aswell? Just to be a real tosser.
no you hang up
Posts: 1914
Location: Brisbane, Queensland

Housemates are far better than say, parents or girlfriends.


g/friend > parents < housemates.
Jc_23
Posts: 412
Location: Brisbane, Queensland
Would you add on the 5 years worth of interest aswell? Just to be a real tosser.


3k is not a small amount of money - if it were $5 I'd agree with you. How is reclaiming your own money from someone that has had a lend of you being a "tosser" exactly? Imagine if nobody was this frugal! No interest. Like you said though, it depends what the circumstances were I guess and why it wasn't cleared up initially. A mate of mine who was renting with us once clocked up around $600 on a landline account on Lavalife that was in my name on a rental property once then flew the coop - I got it out of him down the track no doubt.:)
hardware
Posts: 9984
Location: Brisbane, Queensland
i'd rather live in a caravan than with random housemates
Outlaw
Posts: 1264
Location: Gold Coast, Queensland

How is reclaiming your own money from someone that has had a lend of you being a "tosser" exactly?


Depends on the circumstances, every situation would be different. However, if you waited 5 year's and didn't attempt to reclaim your money then you probably deserve to lose it. I can't think of any excuses for waiting 5 years, can you? Saying after 5 years "I couldn't contact them" wouldn't cut it.
I can hold onto a cheque for 6 months, if I don't cash it within 6 months Its invalid and I'd lose the money. But that's banks, and they are tossers by default.
teq
Posts: 12391
Location: Brisbane, Queensland

I can't think of any excuses for waiting 5 years, can you?


maybe he just wants it or needs it now more than he did 5 years ago?
it doesn't matter how long he waits, it's rightfully his.
Outlaw
Posts: 1266
Location: Gold Coast, Queensland

it doesn't matter how long he waits, it's rightfully his.


The time limit for making a claim in the Local Court for money you are owed is 6 years.
Jc_23
Posts: 415
Location: Brisbane, Queensland
What teq said, in my opinion you don't really require an excuse as he doesn't have the burden of any wrong doing/fault which needs justification. You don't really need a reason either unless there were contracts and stipulated terms or arrangements/bindings etc, but I'm no expert on that stuff, and this seems like a moral/personal type of dealio depending on the specifics like we alluded to! I guess the he said/she saids that eventuate are what the courts are there for and I've never had the pleasure. :)



Outlaw
Posts: 1267
Location: Gold Coast, Queensland

are you two f***ing retarded?
infi
Posts: 18350
Location: Brisbane, Queensland
if he is on the lease he is legally liable, if he's is not on the lease the buck stops with you.

you could claim the outstanding from QCAT but is it really worth the effort? just make a clean break and be done with him.
DeadlyDav0
Posts: 1474
Location: Brisbane, Queensland

You seem a dodgy f***er outlaw.

just make a clean break and be done with him.

Thats the kinda thinking that had me leave $3k just because i thought it was better to be done with the issue and move on. f***ing stupid mistake. And no, the issue wasnt anything dodgy or illegal like drugs etc. Just a mate lending 2 mates money.
teq
Posts: 12395
Location: Brisbane, Queensland

@Outlaw
I understand what you're saying with "you waited too long, that nullifies it" (basically)
but you're wrong, its his money, he can do whatever he wants with it. however long he waited doesn't mean old mate just gets away scot-free.

the statute of limitations only applies if he goes before a court, not if he goes after him personally.
he could just sell the debt to a collector who would in turn take some ridiculous markup and send the guy a letter, the guy would ignore it and the collector could put him on a credit blacklist

all that without going through a court, funny that.
Outlaw
Posts: 1268
Location: Gold Coast, Queensland


he could just sell the debt to a collector who would in turn take some ridiculous markup and send the guy a letter, the guy would ignore it and the collector could put him on a credit blacklist

all that without going through a court, funny that.


It makes no difference if a debt collector sues them or some random the law still applies.
infi
Posts: 18352
Location: Brisbane, Queensland

Thats the kinda thinking that had me leave $3k just because i thought it was better to be done with the issue and move on. f***ing stupid mistake.


If

1. the debt owed is a substantial sum; and
2. there is sufficient documentation to prove the debt,

then by all means take them to QCAT. But life is too short and the legal process can be a real bitch, that's all I am saying.
awsum
Posts: 6
Location: Melbourne, Victoria
Sorry to hear about your situation Crizane Tribal.

The only advice I have on this subject is, I once lived with a work mate who was also a friend at the time and towards the end of our lease he started having money problems. I covered him but was still a bit concerned, more so about him, than the money.

When it was all said and done, he owed me around $600. By this stage, we worked at different jobs and didn't hang out much anymore but still were on good terms.

The lease came up around this time, so I said I wanted to move on. I sent him an excel spreadsheet explaining what he owed me and politely said, simply pay me what you can afford each pay cheque until you're back on your feet.

He appreciated my attitude and paid me every cent. He ended up moving interstate and last I spoke to him he thanked me for looking after him and that I was one of the best mates he has ever had.

If I had of cracked the s***s at him though, it would of been a different story, I believe.


last edited by awsum at 01:05:40 29/Jan/12
DeadlyDav0
Posts: 1481
Location: Brisbane, Queensland

But life is too short and the legal process can be a real bitch, that's all I am saying.

Wasnt disagreeing with you. For $100 or so, sure f*** it.
iTOM
Posts: 1219
Location: Brisbane, Queensland
can the building manager ask body corp for a printout of the trust account? bypass the crappy software and get all the notes etc. request it from the bank for the last X years
Crizane Tribal
Posts: 3691
Location: Brisbane, Queensland
can the building manager ask body corp for a printout of the trust account? bypass the crappy software and get all the notes etc. request it from the bank for the last X years

That's not a bad idea... However, redacting all the entries that are not relevant to us may be prohibitively time consuming.

The bloke who owes us money is somebody we used to work with. We know where he works and have tons of mutual friends, so it's not like he can do a runner. My remaining housemate can be as subtle as a sledgehammer, so I warned him to come at him all guns blazing and avoid doing anything crazy like slandering on Facebook. He simply handed the ex-housemate a printout of the rental payments on Friday, explained the situation and said we need to talk about it next week. I'm told it went quite well.
skythra
Posts: 5158
Location: Brisbane, Queensland

got pics?

They were lesbians for a reason. But they were pretty awesome people.
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