Without checking the rules I think that you have at least a month before you have to pay anything.Nutcase has a limited amount of time to apply for a rehearing and can't go to Court without a rehearing.
Check with the Court and in meantime pay NOTHING.
trdbzr,
Feb 14, 6:35pm
He knew he was not entitled to any money from you, but he saw that if he pushed you enough, he managed to squeeze money out of you. Now he's just going to get even more greedy and try to squeeze out even more money from you because he has seen that you are willing to pay to keep him away, even though you had every right not to.
Its all in there looks like i wasnt quite correct.I'd still pay NOTHING for a week or so and see what happens.
rpvr,
Feb 14, 7:04pm
I have won a couple of disputes tribunal cases (going back a few years now) but I am sure I had to sign accepting the ruling in full and final settlement before receiving any payment.
paul271,
Feb 14, 7:25pm
mate, its time to get smart people involved. And I dont mean that we arent all smart here on the message boards, but there are people that do this for a living :-) These guys are who I use, really good, ask for Gerard. http://haighlyon.co.nz/
fordcrzy,
Feb 14, 8:12pm
two words. "Restraining order".that guy is a total bunny boiler. he is seriously unhinged. how you cant get the court to see that is beyond me.
unideck,
Feb 15, 12:58am
Nzkiwi, I have followed this thread and find it unreal. I am currently involved in a year long case with the purchase of a very expensive car bought from a car dealer. We won the case, he appealed, now we are going back for a re-hearing and no doubt he will appeal that. Our evidence is totally overwhelming and beyond any doubt but the dealer found a minute loophole so here we go again.
Kazbanz initially gave some good pointers for us to follow so while I disagree with you paying any monies whatsoever to this person I would take Tony's advise here given you have agreed to the adjudicator to pay the $1,000.
The case I am involved in is now at a 13 month duration too. The appeal judge actually granted us $600 to cover our travel costs and advised the car dealers solicitor to advise his client the rehearing would highly likely incur further higher cost. He was given 7 days to deposit that sum and has failed so hey, car dealers dug a huge hole now. What I'm getting at is the courts system does work but "he" the appellant still has the god given rights to appeal but this is only a very small window of opportunity for him and is restricted to prejudice by the adjudicator towards him or he found the case not in law.
So, if this guy appeals he is in a whole new world of hurt and pain if the Judge finds the case is untouchable and just. Trust me he will be humiliated by that Judge (they are good that way). If I can give you a suggestion and you feel this guy is not going to allow this to distinguish, you submit to the court for a re-hearing and fight this Pratt.
Kind regards,
Craig.
snoopy221,
Feb 15, 1:16am
Thanks unideck. And yes THERE IS A SYSTEM
Respctivley the Original poster is involved in this system CURRENTLTY. I.E. This case has ben to the disputes tribunal - And a MEDIATOR has seen both parties first hand.
NOW from there it can proceed to a court hearing. The posted email .
Really NEEDS to be sent to the Court Registrar WHERE the Disputes Tribunal hearing was held.
Ya see he is NOT just doin a -*Shakespeare* on YOU and gettin stoned and pinging harassin emails- BUT HE IS NAMING THE DISPUTES TRIBUNAL REFEREE(Adjudicator Which makes the current email effectively Judicial Property)
Reality check He's given you shyt. Now he is giving the tribunal shyte. What do you think the
Presiding Judgeof the same Court will think of this!
nzkiwi69,
Feb 15, 4:23am
Thanks every one still here, still reading and now off to work for six days. Will let you know what develops in that time.
robesinnz,
Feb 15, 9:06am
this guy needs a dick punch, all his efforts and he could have had the bloody thing stripped and refitted by now. but being a mental case his sickness benefit probly only gets him 200 odd a week. Your a top man for your actions through out the case and the gesture to resolve with $1000 shut(the-f)up money would have been sufficient, his poor decisions in life have lead him to believe that other people should take ownership for his consequences, he needs a new hobby, perhaps bungy jumping with an invisible cord!
boxersrus,
Feb 15, 9:08am
nzkiwi, I have read this thread in absolute disbelief. You are certainly the better person here. I once took someone to DT many years ago. Back then the ONLY reason that I could appeal the DT, which it then goes to the District Court is if they adjudicator was unfair or did something wrong (in my case, the adjudicator allowed a spectator to give evidence). I believe that an appeal has to be lodged within a time frame. From memory 28 days or 1 month. This might have changed now though.I got very good advise from the Consumer's Institute, but I'm not sure whether they still do this. Maybe CAB could be of help. You need to get advise from official sources. You need to find out what the next steps are. Whether he can appeal, under what grounds and whether he has broken your DT agreement. Was anything put in writing after your DT agreement! I would also be contacting the police again. This is serious harassment. Good luck, and I hope you keep your sanity. Mine would be out the window by now.
elect70,
Feb 15, 10:28am
Told yashouldnthave given in , turds like him will keepharrasing you for ever.Should send the local"tap dancers" aroundto visit him & point out the error of his ways .BTWnow he hassaid hes going todistrict courtyou can withhold the$unless orderedto by magistrate . Disputes tribunal are not legallybinding . I have several where the other party never paid up so just wrote it off againsttax bill
unideck,
Feb 15, 12:41pm
He has 10 days to lodge an appeal, no more no less.
rotoiti,
Feb 15, 5:09pm
I had a feeling this screwball wouldn't stop - and he's got plenty of time to sit there and think up ways to screw you over again. Don't pay since he's broken his side of the agreement. What a tosser - he's f**king delusional.
dadriver1,
Feb 15, 5:44pm
As a student of Law I would never recommend the use of the Disputes Tribunal. It is entirely possible that the referee may get the law completely wrong.
It is more preferable to use the District Court. When they get it wrong you have the opportunity of using the High Court to get it right.
Whereas at the Disputes Tribunal level there is no second chance appeal. What they say sticks because Parliament has not provided an avenue for appeal. Worse still referees are biased towards their capacity to comprehend both facts and legal arguments.
The Disputes Tribunal is a scam to keep honest litigants out of the Courts, and in the process deny justice.
rpvr,
Feb 15, 7:02pm
I beg to differ. The Disputes Tribunal, (which I agree is far from perfect), is simply an opportunity for a litigant with a small claim to have a go at redress, when to do so through the District Court may well be outside their financial means. It is not designed for complex issues, and for many simple claims it works very well. It also prevents large companies from using high powered lawyers to suppress justice in cases brought by consumers.
skin1235,
Feb 15, 9:36pm
back there in 289 he has described how he actually dictated a scenario in his submissions, and the mechanic played his lines well on the day, he calls it cheekily, very proudly showing you his power to manipulate the outcome and influence further action based on that manipulation I'd make sure you have a copy of that email if nothing else they call it perverting the course of justice and district court judges take a very dim view of that not sure if you have a choice or right to veto the adjudicator assigned, but any ref to previous actions by an adjudicator ie 2011 etc is no good reason for a re-hearing if the judgement goes against you - if you do have a veto and accept then you cannot decide you now don't want that person because the judgement doesn't suit your ideal
yep theres some crazies out there, this one with his quasi leagalize iswouldn't stand a chane against a lawyer - but he knows that already, and if he had to face a lawyer would be very quiet and demure, there'd be no great ramblings and dramatic wordings
lol I'm know for being wordy myself but hell if I ever get like this one FGS someone shoot me
unideck,
Feb 15, 10:05pm
Your wrong here sorry, appeal is most certainly an option. Had a customer who decided not to pay his account, took him the the disputes tribunal, we won, he appealed, he lost that too, issued a distress warrant, bailiff got my money, result. This was mid point last year so unless something has now changed in the court system then thats how it works.
fordcrzy,
Feb 20, 6:00pm
bump.any news
nzkiwi69,
Feb 23, 4:01pm
No, still waiting to see if my friend will appeal. I will be informed by the courts but they say he doesn't have much room to manoeuvre as he is actually countering his own offer that I accepted. Effectively he should take himself to the tribunal. At least that way he stands a good chance.
But he does have 28 days to appeal how the court was run. Even if they had handed out a judgment ruling he is unable to appeal that. Only if there is some failing in law can he have a chance. Ie they used the wrong act in which to apply a ruling.however there was no ruling as we came to a negotiated agreement.m
Will keep you informed
fordcrzy,
Feb 23, 5:20pm
what you just stated above makes me think this nutter has done this before. He knew that the only appeal was to the process and not the ruling, not many would know that the day after the hearing. if it does go any further i strongly suggest you get a restraining/no contactorder against this fruit loop.
alwaysnice,
Feb 23, 8:31pm
I've seen the DT break their own rules regarding appeals.
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