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  1. #31
    Join Date
    Dec 2004
    Posts
    1,042

    Default

    Why not file a claim in the Disputes Tribunal? It's free and (usually) fair.
    The whole hearing is really just a civilised chat around a table and a genuine attempt to resolve matters. If it's not resolved the adjudicator will decide.I think you will find that your opponent will quit long before that.

    Olly Newland
    Residential & Commercial Solutions
    Totally Independent Advice
    www.ollynewland.co.nz
    OllyN [email protected]
    Independent Property Consultant
    Residential and Commercial Solutions

  2. #32
    Join Date
    Mar 2010
    Location
    Christchurch
    Posts
    17

    Default

    Quote Originally Posted by whitt View Post
    What the??????
    Is that actually possible?
    I know... I really feel trapped. People like this just take advantage of people like me.

  3. #33
    Join Date
    Oct 2003
    Posts
    3,578

    Default

    Quote Originally Posted by whitt View Post
    What the??????
    Is that actually possible?
    i assume the contract defines the guarantee further. Have you read the contract???

    have you considered passing it on to the advertising complaints authority. Is this even an NZ issue (or is it a US issue)?

  4. #34
    Join Date
    Jun 2004
    Location
    Kapiti
    Posts
    631

    Default

    Neville1977. I am confident you are covered under the Fair Trading Act. So Olly is right, take them to the disputes tribunal.

    It doesn't matter what it says in their contract, the Fair Trading Act still applies to them. The Fair Trading Act is like a modern version of the Sale of Goods act, but it specifically mentions services as well as goods.
    Last edited by Hound; 29-03-2010 at 06:45 PM.

  5. #35
    Join Date
    Feb 2004
    Location
    Wellington
    Posts
    2,840

    Default It doesn't matter....

    Quote Originally Posted by CJ View Post
    i assume the contract defines the guarantee further. Have you read the contract???

    have you considered passing it on to the advertising complaints authority. Is this even an NZ issue (or is it a US issue)?
    ....... if the contract tries to define the guarantee further. NZ law states that the fine print isn't allowed to take away from such "banner" statements such as 100% Satisfaction Gauranted ..... it's pretty hard to quible about what that statement means.

    The PropertyTeachers web site links to courses that have the same kind of logos.

    It's pretty clear that you aren't 100% satisfied ...... cowboy up and tell them you want your money back and you'll be taking them to the disputes tribunal as Olly suggested.

    If I was deciding a case in the DT and you showed me a printout of the web pages with the gaurantees highlighted, it wouldn't take me long to agree that you should get your money back.

    Good luck

    Cheers
    Spaceman
    Last edited by spaceman; 30-03-2010 at 09:17 AM.
    Delightfully in need of some Tender Loving Care
    Blessed are those who can give without remembering and take without forgetting
    Some things are not as they seem, nor are they otherwise

  6. #36
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default

    Quote Originally Posted by OllyN View Post
    Why not file a claim in the Disputes Tribunal? It's free and (usually) fair.
    The whole hearing is really just a civilised chat around a table and a genuine attempt to resolve matters. If it's not resolved the adjudicator will decide.I think you will find that your opponent will quit long before that.

    Olly Newland
    Residential & Commercial Solutions
    Totally Independent Advice
    www.ollynewland.co.nz
    Going to Disputes Tribunal IS NOT FREE, there is a minimal charge ($20-30??).

    What you need to do is write a letter to the other party, in such a polite non-confrontational way, saying that you're not going to pay $xxxx for xxxxx reason.

    What you want to have happen, is to receive a letter from the other party DISPUTING YOUR LETTER. Once you have that, you can file a claim with the Disputes Tribunal.

    As you will be the applicant, you can ask for any time that will suit you. Middle of the day, middle of the week is always a good one. Annoys the hell out of the other party, and makes it difficult for them to attend. The costs involved attending outweigh the $'s involved (generally speaking).

    Don't forget to ask for interest "for use of money as deposit" during the time that they have had your money. Usually assessed at about $11%. This figure may have changed, as it's been a while since I've been to DT.

    My suggestion, ring up DT and speak to staff and ask
    a) how to fill out form,
    b) what can you claim for
    c) interest rate that you can apply for
    d) what are the limits that you can claim up to (different $'s, higher application fee)

    Claim for more than you think you are owed but you must be able to justify this amount, and don't expect to get back 100%.

    It's a learning curve - enjoy it!!
    Patience is a virtue.

  7. #37
    Join Date
    Mar 2010
    Location
    Christchurch
    Posts
    17

    Default

    Wow! Awesome info guys. I have indeed sent the polite email.

    I am now thinking that if I am going to go to the trouble of disputes tribunal, and given the guarantee would cover ALL funds I've given Debs Greenwood and Dane Wealth Academy - I might as well claim the whole lot back - not just the $99 a month I'm shelling out.

    I'll let you know how I get on.

    Thanks for all of the info - and yes, I will enjoy this learning curve!

    Cheers

    Nev

  8. #38
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default

    given the guarantee would cover ALL funds I've given Debs Greenwood and Dane Wealth Academy - I might as well claim the whole lot back - not just the $99 a month I'm shelling out.
    What about travel?? Toll calls? Calls to mobile phones?? Books that they insisted you buy?? Claim for your application fee - you won't get it back, but claim any way!!

    You'll be surprised at how quickly the $'s add up. I'd suggest creating a spreadsheet showing date/$'s and total amount. This will need to be submitted with your application.

    As I suggested before, you can claim interest on "use of money" had the same money been deposited in the Bank. When I did my claim many years ago, I wasn't going to claim for this until the DT staff suggested it. I was pleasantly surprised that in my claim, it added quite a few $'s to the bottom line.

    From my recollection, IF the decision goes in your favour, the respondent has 30(?) days in which to pay the debt. As I was paid on the 30th day, I couldn't tell you what happens after that, if it's not paid. You'd be better to ask the DT staff.

    Look forward to reading your updates.
    Patience is a virtue.

  9. #39

    Default

    It's no longer Dane Academy anymore, but Property Teachers, running under you know who, are still issuing manuals and reading materials displaying their logos. That itself is a copy right infringement. I saw that on the stuff they handed out to people who left their credit card details.

    The Tax lien strategy was promoted at the recent 2 day Propertygurus event, and sadly people are once again misled by all the crazy returns they promise.

    Most strategies may not be achievable if you are based in NZ, but if you are happy with 16-18% returns pre-tax, then yeah go ahead.

    To get back $5999, it will either take a long time, or will take lot's of initial capital.

    Also it takes a lot of personal commitment to produce results, as there will be no one guiding you.

  10. #40

    Default A little too late possibly....

    Haven't the 'guru's already cleaned up with a cool $$ million from the weekend?

    They can afford to pay 'shut up' $$ to the few that moan and still come out loaded!


 

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