How good is the Disputes Tribunal?

[Max Preload]

If you win and fail to get the money see a solicitor and get a caveat on his house. When he comes to sell he will not be able too. This puts you back in charge.

It's highly unlikely he's a sole trader and this is the only scenario in which this will work. He'll only be an employee or director.

[cave weta]

Well The hearing was on friday morning.
The useless prick didnt even turn up!- I win!!
The dude at the disputes tribunal was very helpfull and has given me all the tricks.
His advice is give him the 14 days to pay and if he doesnt. Slam him with a distress warrent and get his work truck and tools confiscated. that makes em pay real quick he says

So ill keep this thread up to date with any developments.

Cheers and thanks for everyones advice, concerns, information on the dude and PMs of support. you guys rock!

[madmal64]

Good on ya for going through with it.
As I mentioned earlier in the thread I find this process good for sorting this stuff out.
Now the fun will start. Getting the payout from a guy that is a no show will take some grit and determination. Stick to it and make sure the court system hound him until you get what you are after.

[FROSTY:Me]

pretty stupid of the guy not trying to sort you out before it went to court. Good luck ol son getting the money . (no sarcasm in my keystrokes)

[Gareth51]

Only used them once,against a property developer with success.I asked for costs plus interest.He was told If payment wasn't made by the 20th it would would be added.Had a cheque within a few days.
The worst part was sitting opposite him in the waiting room and not wanting to flaten him.

[ynot slow]

Cool outcome.

[Rayray401]

hmm..just wondering though..if the DT doesnt go your way..and you are obviously in favour...could you get an appeal? or take him to a real court etc.?

[cave weta]

hmm..just wondering though..if the DT doesnt go your way..and you are obviously in favour...could you get an appeal? or take him to a real court etc.?

Now that the decision is made- he could appeal but he has no grounds. that would be a waste of time so they wouldnt uphold it.
The dispute is no longer a dispute- I has been settled and he has lost. If he does not pay within 14 days he is in the court system witha distress warrent which means goods to the value in his possession can be siezed. He will pay

[p.dath]

The Mechanic still has my digital camera at his workshop but when I go and get it it has photos that I will post here- the adjuster is fretted and rubbed where it has been flopping back and forth till the bolt fell out completely and it dropped off . clear as day when you see it.

Mechanic explained that when they assemble the cambelt onto the wheels, they back the adjuster off and fit belt - then alow the spring to take up the slack and set the timing then lock up the adjuster bolts. That is the part he didnt do. the adjuster was just sitting with its spring holding it in place. eventually - ( 3200km) the mounting bolts vibrated out and it let go!

I would get the mechanic to swear an affidavit as well. Otherwise it is hear say.

[scracha]

Well
His advice is give him the 14 days to pay and if he doesnt. Slam him with a distress warrent and get his work truck and tools confiscated. that makes em pay real quick he says

Glad it all worked out for ya. I can understand taking away his telly, beer fridge and porsche but can they really confiscate someone's tools of trade? Even bankrupcy can't do that. Point being that if you take away someone's tools then there's no way they can pay you back.

[Max Preload]

If he does not pay within 14 days he is in the court system witha distress warrant which means goods to the value in his possession can be seized. He will pay.

All in very good theory. In practice the 'justice' system gives much greater precedence to what is owed them (fines) than what is owed you (reparation or judgements). The fact they write off so many fines each year as simply uncollectable gives you a good idea of how successful the OP will be if the mechanic just decides not to pay. However, he may not know this and will simply cough up. Fingers crossed.

Edit: Don't forget to give him his deserved feedback! http://www.nocowboys.co.nz

[cave weta]

I would get the mechanic to swear an affidavit as well. Otherwise it is hear say.

I took the letter from the new mechanic and the adjuster itself into the hearing. The Judge was well up with mechanical things and understood straight away.

Glad it all worked out for ya. I can understand taking away his telly, beer fridge and porsche but can they really confiscate someone's tools of trade? Even bankrupcy can't do that. Point being that if you take away someone's tools then there's no way they can pay you back.

They take whatever he has in his possesion that is worth money- whether he says " that's my flatmates" or my mum gave me that for my birthday" or whatever. This guy is a real wheeler- dealer. He has loads of stuff on trademe all the time. have a look Baldrick48
He has until the 19th of this month to pay.....

[Mom]

Well The hearing was on friday morning.
The useless prick didnt even turn up!- I win!!
The dude at the disputes tribunal was very helpfull and has given me all the tricks.
His advice is give him the 14 days to pay and if he doesnt. Slam him with a distress warrent and get his work truck and tools confiscated. that makes em pay real quick he says

So ill keep this thread up to date with any developments.

Cheers and thanks for everyones advice, concerns, information on the dude and PMs of support. you guys rock!

Dont what ever you do relax the pressure on this wanker to pay you. I have found that people in his situation often dont pay because they know you have to do all the chasing to get yiur money and hope you will get sick of the hole thing and walk away from it. Good luck with it, distress warrants are fun

[shafty]

Well done Weta - great outcome, and as previously said, keep on him!