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  1. #1
    Modulator Greg's Avatar
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    Default Baycorp and my overdue debt

    I used to have an account with 2Degrees. I cancelled it quite a few months ago. But they're now trying to extort me by demanding money from me. So I'm going to defend this matter given that I have clear proof that I don't owe them what they're asking for.

    Interestingly Baycorp are representing Vodafone - so I assume that 2Degrees is owned by them? But that's another small aspect of my defence in that I've never used Vodafone.

    Also interesting, is that when I last spoke with 2Degrees they said wanted about $230.00. Now this letter is claiming $923.56, but... if I pay within 10 days they will discount the amount to $230.89. Ha! I should say here that I do in fact owe 2Degrees some money - about $35.00 for my final month's usage.

    Now my question is... I want to defend this in the Small Claims Court (Disputes Tribunal). So I figure I could preempt the action by lodging my defence in advance of them making a claim against me in the regular Court (which will really piss them off! haha).

    So what do you folks reckon? I will of course investigate the Court's website, and speak with my brother who is a barrister. I'm looking forward to taking on these damn parasites!
    Kool-Aid Black Cherry! Get it here!

  2. #2
    Senior Member pctek's Avatar
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    Default Re: Baycorp and my overdue debt

    Debt collectors MUST, by law, put any action on hold if the bill is in dispute.
    Tell them this.
    Then go to Disputes....although I suggest you pay the $35 before you do.

    The bill does go up because the debt collectors add their fees and such onto it, plus the companies interest charges etc...

    If you do not pay, a debt will stay on debt collectors books for 5 years.
    If you do pay, it stays for 7 years,.

    Yes, backwards really....

    Baycorp are known for pursuing it far longer than they are legally allowed to as well.
    But they do know the law, and if you start the dispute process they have to leave it until after.
    wipe your paws.

  3. #3
    Modulator Greg's Avatar
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    Default Re: Baycorp and my overdue debt

    Thanks for your input pctek. It gets mysteriouser and mysteriouser. I called the Vultures just now and asked them for a breakdown of the charges which amount to the $900 + which the guy said he'll send to me. Yeah good advice to pay the small outstanding amount before I go further. But I have this in hand, given that my ex was a debt collector for quite a large NZ company, so I have a fair bit of insight into this nonsense.
    Kool-Aid Black Cherry! Get it here!

  4. #4
    Computer Technician wainuitech's Avatar
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    Default Re: Baycorp and my overdue debt

    The fact you actually owe them is not a good start, even though its only a small amount. That small amount can easily skyrocket.

    All the companies have terms and conditions which you have to in one way or another agree to. The fact most people never actually read them doesn't matter, you agreed. (BTW - saying you didn't read them doesn't stand up in small calms - I know because I had to take one company once and they used that excuse and more or less got laughed out).

    Vodafone for example actually record every phone call, they use it in case of deputes. (short Version) once I used their own recording against them in proving a point.

    In the 2Degrees terms and conditions it states
    If Payment has not been made by the Billing Due Date, we may charge interest on all sums outstanding at the Default Interest Rate until the date we receive Payment in full.
    As for the claim of owing $923.56 Have they provided you with a breakdown of that amount ?

    If they haven't then ask for it, other wise if you are going to fight it, it pays to have all the facts. You may look a bit stupid going in guns blazing only to be shot down due to something you did agree to.

    Edited: I see you replied to some while it was key tapping
    One thing positive about Windows 10 is that there is never a dull moment anymore on ye olde computer

  5. #5
    Remember Richard's Avatar
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    Default Re: Baycorp and my overdue debt

    If your brother is a Barrister, then talk to him urgently before you do anything. If you are in the clear, and he is any good a letter from him would stop everything in its tracks.

  6. #6
    Senior Member 1101's Avatar
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    Default Re: Baycorp and my overdue debt

    Start proceedings with the disputes tribunal now , dont wait .

    That alone may force their hand to come up with evidence or just drop the claim (or force them to discuss with you rationally)

  7. #7
    Senior Member pctek's Avatar
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    Default Re: Baycorp and my overdue debt

    Quote Originally Posted by Greg View Post
    Interestingly Baycorp are representing Vodafone - so I assume that 2Degrees is owned by them?

    Also interesting, is that when I last spoke with 2Degrees they said wanted about $230.00. Now this letter is claiming $923.56, but... if I pay within 10 days they will discount the amount to $230.89. Ha! I should say here that I do in fact owe 2Degrees some money - about $35.00 for my final month's usage.
    Currently, 2degrees is owned by Trilogy International Partners, a US venture capital firm specializing in mobile networks (58.66%),Communication Venture Partners, a London-based company that invests in telecommunications and related software businesses (27.13%), Te Huarahi Tika Trust (10.17%) and KLR Hong Kong (0.50%). In July 2009, General Enterprise Management Services, a Hong Kong-based private equity fund,[26] sold its 25.76 percent shares to Trilogy.

    They do use Vodafones network, but that is the on;ly connection I see with them...

    1)Pay the $35
    2)Ring Baycorp and tell them it is dispute
    3)Fill out Disputes form and file it with them
    4)Get (as you are doing), paperwork showing the debt specifics, your payment to date and all that relevant stuff
    In that order.
    wipe your paws.

  8. #8
    Senior Member 1101's Avatar
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    Default Re: Baycorp and my overdue debt

    One thing to note with debt collection , overdue bills etc

    They cant charge any sort of interest or any sort or debt collection fees UNLESS it was specifically stated so in their terms and conditions
    However, they only needed to put T&C's on the original posted invoice & thats deemed enough, (or a popup online I guess?)
    Collection Fees also have to be reasonable, and only cover actual collection costs .

    I used work to for a company going down the tubes. The boss knew all the ways to get out of debt collection fees etc
    Govt agencies & Councils are a different matter alltogther though

    Not relevant in this case, but worth knowing

  9. #9
    Senior Member Nick G's Avatar
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    Default Re: Baycorp and my overdue debt

    Quote Originally Posted by pctek View Post
    Currently, 2degrees is owned by Trilogy International Partners, a US venture capital firm specializing in mobile networks (58.66%),Communication Venture Partners, a London-based company that invests in telecommunications and related software businesses (27.13%), Te Huarahi Tika Trust (10.17%) and KLR Hong Kong (0.50%). In July 2009, General Enterprise Management Services, a Hong Kong-based private equity fund,[26] sold its 25.76 percent shares to Trilogy.

    They do use Vodafones network, but that is the on;ly connection I see with them...

    1)Pay the $35
    2)Ring Baycorp and tell them it is dispute
    3)Fill out Disputes form and file it with them
    4)Get (as you are doing), paperwork showing the debt specifics, your payment to date and all that relevant stuff
    In that order.
    +1

    Also make sure any communication is done over email, not over phone. It means you have a record of exactly what was said when.
    Quote Originally Posted by pcuser42 View Post
    38.7% of stasistics are made up on the spot, and 56.3% have a decimal point added to make them more believeable.
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