Hi I own and manage a holiday home through two well know sites, recently while doing end of year account I noticed I had refunded someone the cleaning bond twice, my mistake, Ive appealed to their goodwill to no avail yet,what chance would I stand in taking them to the small claims court if I can prove through bank transcations that the two transfers occured?Secondly another group broke a glass coffee table, said they would replace it, after sending them quotes to do this no action has been taken, they are in Australia what chance would I have with this through the small claims court ? Our T & Cs stipulate leaving the property as found.
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
The first claim would be fairly straight forward. The Disputes Tribunal is meant to be for disputed debts, and in this case you would need to make the claim and say in the claim that they are refusing to repay, but you do not know why. The bank records should be good evidence of this.
The second claim would be more difficult. You can only use the Tribunal for claims against people in New Zealand and so this would not be possible.
In the case of both claims another route would be to tell both that you are lodging them with Baynet CRA as bad debtors. This also sometimes persuades people to pay and the bad record in New Zealand is sometimes used in Australia.
LLB MMgt FAMINZ 32 years qualified as lawyer
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