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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Just got a 700 dollar dvd bill not returning Dvd's from

Customer Question

Just got a 700 dollar dvd bill for allegedly not returning Dvd's from years ago and was wondering what I can do? The store is now shut and I was not contacted any time before this.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

How long ago did you take out the DVD'S?

Customer: replied 1 year ago.
Morning Leon,It must have been about 2 years ago.
Expert:  Leon replied 1 year ago.

Good Morning

Ok did you not return the DVD?

You are liable. But if they have gone out of business, who is suing you them or the liquidator?

Customer: replied 1 year ago.
It is a liquidator that is asking for the money. I cannot remember whether I returned them or not.But they just shut and before this there was no other form of communication or letters from the video store to say that we had late fees.
Expert:  Leon replied 1 year ago.

Good Afternoon

This means the company is bankrupt.

You have no choice but to pay something. If you dispute it then you have a right to request evidence of the account outstanding.

You have to advise the liquidator that you dispute the debt and ask them to give you evidence about it.

They can accept a lesser amount and any offer should be on a "Without Prejudice" basis so thay cannot hold it against you.

But ask for the evidence.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
What if the DVD's were lost surely they are not worth 700 dollars just the value of the Dvd's?
Expert:  Leon replied 1 year ago.

You signed an agreement with them and that had penalties, for non return. You agreed to pay the penalties and these can be enforced irrespective of the value of the DVD.

This is what they are claiming. Also this is why I have suggested you offer less.

But they can sue you for the whole amount

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