Hi Phill, Have you tried a debt collector. Many people simply don't think of actually disputing the work and the debt collector talks them into accepting it first. I can recommend someone in Auckland.
Kind Regards, Jochen On 12 October 2012 18:39, Phill Coxon <[email protected]> wrote: > On 12/10/12 17:18, jevon wrote: >> Is the contract based on NZ or Australia law? >> > Good question. > > She was a long term client for 3+ years. > > The previous project I did with her had a contract based in NZ law. > With the combination of earthquakes, family members passing away etc. I > wasn't on the ball and flowed into the next projects with only a scope > of work and an invoice for 10 hours pre-paid which clearly noted that > additional hours would be charged at the standard rate. > > So as such there is no set contract for this work which is my bad. I'd > never had a problem with her before so I wasn't expecting an issue. > > She continually came back to me requesting more work across several > projects which I completed and then lost the plot when I sent her the > invoice and she lost the plot. > > Somehow in her mind she'd forgotten that we were working on a fixed > price basis. I pointed out that she was thinking of the previous > project. She disagreed so I sent her all the emails, the invoice etc and > invited her to provide a copy of the fixed price agreement she thought > we had. It didn't exist so of course she couldn't produce it so started > into a spiral of denial, blame, deceit etc. > > I haven't heard from her since. > > So to answer your question: > > * no actual contract for the outstanding work - simply an invoice > stating work will be charged on an hourly basis ongoing billed in AUD. > * The previous contract stated NZ law. > * I have emails from her agreeing that I did complete the detailed > breakdown of work that I sent her at her request and another one stating > she agreed to pay about 40% (which she didn't). I suspect these would > give me an advantage if it is possible to make a claim in Australia. > > My thinking is that if I can make a claim in Sydney then she gets sent > the letter from the court and has to reply within 28 days or default, so > it forces her into taking some sort of action and thinking about > resolving it. > > On Monday I'll call the NSW LawLink helpline and ask directly if it > possible to file a small claims case from another Commonwealth and if I > can do it all from NZ (or need a representative in NSW). > > Still very interested in any thoughts anyone has to share. > > I'll most likely still walk away from it > > > -- > NZ PHP Users Group: http://groups.google.com/group/nzphpug > To post, send email to [email protected] > To unsubscribe, send email to > [email protected] -- P.S.: Latest newsletter: Website application reporting - an overview - http://eepurl.com/pKrAD Kind Regards, Jochen Daum "There is no shortcut to anywhere worth going" - Beverly Sills Automatem Ltd Phone: +64 9 630 3425 Mobile: +64 21 567 853 Email: [email protected] Website: www.automatem.co.nz Skype: jochendaum http://nz.linkedin.com/in/automatem http://twitter.com/automatem -- NZ PHP Users Group: http://groups.google.com/group/nzphpug To post, send email to [email protected] To unsubscribe, send email to [email protected]
