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need help from any legal eagles

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Created by h20fly > 9 months ago, 25 Feb 2011
h20fly
WA, 384 posts
25 Feb 2011 12:04PM
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ok here is my beef. Worked for a gym (inspired life bentley). They screwed me for unpaid pt sessions and commission of about $4500.

I was working for the gym as membership consultant and a pt. I got my wages paid via regular payg format and i invoiced for my pt and sessions and commission.

They basically went under about 6 months ago liquidated, just shut the doors, promised myself and every other staff member there we would be paid out, then they changed their phone number and basically became uncontactable.

They were so harsh about it taking full membership for 1 and 2 years right up until they closed taking between 800 to 1200 of poor customers. This is just a rumor though i wouldnt put it past them. Apparently one of the brothers was charging the gym 10k a week under a different abn for "gym maintenance" until all the money was gone.

i have just yesterday got the residential address and phone number of one of the 2 owners. But i would love to know what path i take to recoup any money possible

your help is much appreciated

thanks

ben

KIT33R
NSW, 1716 posts
25 Feb 2011 3:17PM
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Seek professional legal advice. If that fails "A Current Affair" love these kind of stories.

RPM
WA, 1549 posts
25 Feb 2011 12:18PM
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Pm me.

kitelooper1
112 posts
25 Feb 2011 12:43PM
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Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.

bene313
WA, 1347 posts
25 Feb 2011 12:59PM
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Try a department like DOCEP first to see what advice they have.

If you believe there is fraudulent activity, consider contacting ASIC/FIDO.

Engaging a lawyer will be costly and it's probably unlikely you'll see your $4,500 although you'd have a better chance if they acted fraudulently.

chelles888
WA, 100 posts
25 Feb 2011 1:19PM
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well you should probably seek legal advice but yes will be costly and beings they will obviously owe so many money i doubt it will work, if it was me personally i would knock on their door and demand answers, be nice about it ok and if they refuse just say no worries i will now go to the press...because yes they love to hear stories about that...good luck mate...sucks to be ripped off especially when you've worked so hard for it.

Saffer
VIC, 4501 posts
25 Feb 2011 4:42PM
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h20fly said...
Apparently one of the brothers was charging the gym 10k a week under a different abn for "gym maintenance" until all the money was gone.


This is actually illegal under legislation that covers transfer of assets. Money is an asset. I.e. to prevent someone transferring assets to another company before a company is liquidated. The money charged has to be for services rendered so if there aren't any services rendered, its illegal. Same as paying your wife a salary from your company to do nothing and reduce you PAYG. I suggest you refer the matter to ASIC and the ATO to investigate letting them know what is happening. Both of them are normally quite happy to investigate and ASIC can ban him from a directorship at any company for a period of time as well.

If these are hidden from the liquidators, he could even be subject to jail time.

h20fly
WA, 384 posts
25 Feb 2011 3:04PM
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GalahOnTheBay said...

^^^ that's the good news.

The bad news is you (and the others owed money) are in a pre-defined line in terms of who gets money back from the liquidation proceeds, and in this case you are not first in line...

See: http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Liquidation_guide_for_creditors.pdf/$file/Liquidation_guide_for_creditors.pdf


thanks for all the help guys. im getting to the piont where i think ill probably just have to write it off.. but i have never even heard from any liquidators or have no idea how to find out who they are.. and i think its a fruitless effort as all the money is gone ...

Bully
WA, 170 posts
25 Feb 2011 4:23PM
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kitelooper1 said...

Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.


yep some heavy will buy a $4500 debt off your for $1000, he collects the $4500 through a little door knocking, you get the $1000, spend it on a new board spare the pain and anguish and time consumption, and while your at it spare the lawyers from having to bank your hard earned while they chase the gym crooks for 6 months

h20fly
WA, 384 posts
25 Feb 2011 4:28PM
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Bully said...

kitelooper1 said...

Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.


yep some heavy will buy a $4500 debt off your for $1000, he collects the $4500 through a little door knocking, you get the $1000, spend it on a new board spare the pain and anguish and time consumption, and while your at it spare the lawyers from having to bank your hard earned while they chase the gym crooks for 6 months


where are these people found?

Bully
WA, 170 posts
25 Feb 2011 4:35PM
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^^^ in all the wrong places

please take my advice with a bucket of salt and upgrade your health insurence

doonut
WA, 265 posts
25 Feb 2011 4:38PM
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put dog poop in a flaming paper bag leave it on there door step

Saffer
VIC, 4501 posts
25 Feb 2011 8:27PM
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h20fly said...

GalahOnTheBay said...

^^^ that's the good news.

The bad news is you (and the others owed money) are in a pre-defined line in terms of who gets money back from the liquidation proceeds, and in this case you are not first in line...

See: http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Liquidation_guide_for_creditors.pdf/$file/Liquidation_guide_for_creditors.pdf


thanks for all the help guys. im getting to the piont where i think ill probably just have to write it off.. but i have never even heard from any liquidators or have no idea how to find out who they are.. and i think its a fruitless effort as all the money is gone ...


I wouldn't let them get away with it. No point in letting them do the same thing to someone else. Report it to ASIC and the ATO anyway, at least they get their just rewards even if you don't.

picker
VIC, 431 posts
25 Feb 2011 8:51PM
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law takes time, costs huge and the outcome is disappointing.

a friend went through this a little while ago in nsw.

pay the heavies. works out more $ in your pocket faster than legal costs

greenleader
QLD, 5283 posts
25 Feb 2011 7:53PM
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department of industrial relations in your state.

if they havn't truly gone into recievership and just closed the doors then the good old DIR will pursue them directly for free or pursue the recievers if they did, in which case you stand in line.

possibly the only govt department that actually produces results in my experience.

Prawnhead
NSW, 1317 posts
25 Feb 2011 9:19PM
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look up your local outlaw motorcycle gang ,they generally specialise in that area ...

rhinoman
QLD, 362 posts
25 Feb 2011 8:22PM
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this is a kite site, not air your trouble .harden up ,and ask the salvo's for some free tissues..

puppetonastring
WA, 3619 posts
25 Feb 2011 6:34PM
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Phone 1300 30 40 54
Dept. of Commerce - Consumer Protection
They will do all the tracing for you and advise what you can do.

But I agree with prawnhead. Once you find them call in at coffin cheater headquarters in Bayswater. Rumour is they collect their own collection fees on top

Charl dv
WA, 2485 posts
25 Feb 2011 7:50PM
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rhinoman said...

this is a kite site, not air your trouble .harden up ,and ask the salvo's for some free tissues..


can i have your autograph?

PF
QLD, 10 posts
25 Feb 2011 10:10PM
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kitelooper1 said...

Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.


I remember this story about a guy who travelled 1000km to chase some fella who'd done him a bad deal on a 2nd hand car. The guy ended up catching up with the seller, beat him up, threw him in the boot and half way back home was intercepted by the cops... he spent 3 yrs doing hard time. Even if you get it done by someone you would still be charged. Forget the $4500, if you're any decent as PT that's a weeks wage, not worth the time or effort.

default
WA, 1255 posts
25 Feb 2011 10:49PM
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kitelooper1 said...

Forget the $4500, if you're any decent as PT that's a weeks wage, not worth the time or effort.


wow man...im in the wrong game!

sebol
WA, 753 posts
25 Feb 2011 11:42PM
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Why study to be a doctor or an architect when you can make $4500 as a PT?
That is $234 000

wishy
WA, 1501 posts
26 Feb 2011 8:32AM
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sebol said...

Why study to be a doctor or an architect when you can make $4500 as a PT?
That is $234 000



You would have to sell Kosciusko sized mountains of musashi and pat every meathead in the country on the back to even make half that as a PT

Vatos Locos
230 posts
27 Feb 2011 9:45AM
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Sorry to hear that just a thought im sure there's plenty of omc's out there that mite help you out for a "SMALL" fee try the 81's, coffin's, nomads, finks, gypsy's etc etc it might cost you your virginity and your freedom but worth a shot

Poida
WA, 1922 posts
27 Feb 2011 11:32AM
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h20fly said...

.....

i have just yesterday got the residential address and phone number .......



visit them and try and discuss with them, dont leave till you resolve something, like cash or goods to the value. they will probably try and throw you out, ring every hour, then bring back some big ugly looking guys to stand behind you and knock on the door, bikies are good for this. They may ring the cops though and have every right too.

they sound like assholes so this may be water off a ducks back to them. maybe get a few uppercuts in before leaving or graffiti the car or front door. might make you feel better.

theDoctor
NSW, 5786 posts
27 Feb 2011 10:43PM
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try and source the names and addresses of the 800-1200 recent ripped off members explain the deal of what happened and how you were equally ripped off and start out o your own with a huge client base...

...jeez its true what they say

pt's just ain't that smart

(but they can lift heavy things)



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"need help from any legal eagles" started by h20fly