Fencing Monies Outstanding-SCAM?(VIC)

Banana on 11/12/2017 - 22:09
Last edited 12/12/2017 - 13:42

We recently received a letter demanding for outstanding payment to some fencing. There was no mention of the location of these fences or even notices prior to this "last notice before the issuing of legal proceedings". We have been in this newly built-house for a year.

The letter itself looks extremely dodgy to me, apart of the lack of location of these fences, they did not mention where to pay the amount to and the contact details were minimal (Only PO Box and a phone number).

The company has an active ABN, however google search of the company name returned nothing but this one person who works for it (also happens to be the person who issued the letter).

Questions:
1. Is this a scam?
2. Should I ignore or contact them?
3. Should I contact the council?
4. If the letter and those fences were legitimate, do I have grounds to negotiate for the payment—- as the fence law in Victoria clearly states that there need to be an agreement and a quote—-which we didn't receive(we've paid for all the fence notices sent to us/communicated to us).

Update + answering questions
1. Letter has names, but badly spelt
2. Called consumer affairs but they said they don't know what to do(?)
3. Might try calling the actual company but will probably save that to last.

Home & Garden

Comments

  • KaTst3R on 11/12/2017 - 22:19
    +5

    You already know it is a scam so…

  • Switchblade88 on 11/12/2017 - 22:28

    Does it have your name, or just a generic 'To the Householder'? Could they have collected your name from somewhere if it's present?

    Have you had ANY fencework done after you signed contracts? Because the usual sale contract dictates and 'as sold' basis, where the property is paid for as is unless there is works in the contract.

    I'd be passing straight to the council, relevant neighbours, and Consumer Affairs (given you're in Vic). See if others have been targeted.

    Don't budge an inch, and call their bluff. If there is a legitimate claim then you would be required to pay, but as it stands they haven't proven that yet. If it's a scam, they're not going to issue any legitimate 'legal proceedings', although an official looking letter from another suspicious company would add credence to their scam ploy which might catch a few more people out.

  • JimmyF on 11/12/2017 - 22:31

    We have been in this newly built-house for a year.

    It could be from this, it was never paid.

    If the letter has a ABN and one person working for it, sounds about right for a fencing company. Did you do the ABN lookup?

    You could always call and see what they have to say and see if its for any of your fences. Don't give up any of YOUR details, see what they know about you ;)

    • Switchblade88 on 11/12/2017 - 22:39
      +1

      If it looks like an Irish Travelling Conman…

      IF it so happens that the original house seller never paid, then the demand letter COULD be legit. In which case it becomes another legal issue as to whether the buyer has inherited the debt because they bought the fence. That's a different legal debate.

      At this stage, no debt, no contract, no legitimacy has yet been proven.

      Maybe you should ring and provide fake info about a 'different' demand letter, different address nearby, and start fishing. Claim ignorance and ask perhaps if there is one of your 'neighbours' ("Maybe that Banana fellow I don't know the name of, round the corner!") who should have received the letter instead. Fish for info if they've done other fencing in the area, and that'll provide leads as to which other neighbours you should ask about the scam.

      • JimmyF on 12/12/2017 - 09:35

        Its most likely a scam for sure, thats why I said call and don't give up any details! You'll find out pretty quickly or give false details like you said.

        It might be a real debt on the fence, by a small shop hence the sloppy self-written demand letter or it might just be a conman at work.

        Who knows until you call.

  • Diji1 on 11/12/2017 - 22:49
    +2

    Ignore it. Report it to police if you need to.

  • PJC on 12/12/2017 - 00:35
    +2

    In Court they can't recover a debt without proving a debt. Neither quote nor invoice was addressed to you.

  • garetz on 12/12/2017 - 00:50
    +2

    Even if it is legit, you arent responsible for any debts the previous owner has in regards to the property you bought. If inherited debt worked like that pretty much anyone who buys a house is going to be having these issues.

    • JimmyF on 12/12/2017 - 09:37

      Agreed that debt doesn't work like that. But get it sorted out if (big if) the debt is real so they stop chasing you and chase the right person instead.

      • garetz on 12/12/2017 - 10:24

        It isnt the ops responsibility to do this guys job for him and find the right person that the debt may belong to.

  • [Deactivated] on 12/12/2017 - 03:50
    -5
    1. Is this a scam?

    No

    1. Should I ignore or contact them?

    Neither.

    1. Should I contact the council?

    Why drag them in to this as well

    1. If the letter and those fences were legitimate, do I have grounds to negotiate for the payment—- as the fence law in Victoria clearly states that there need to be an agreement and a quote—-which we didn't receive(we've paid for all the fence notices sent to us/communicated to us).

    Request to pay with EziPay so you can pay in manageable instalments

    • pegaxs on 12/12/2017 - 08:08

      So, what you’re saying is, we should just blindly pay all invoices sent to us? And if we can’t, we should just book it up on EziPay.

      I would say that if there is no contract, there is no payment. It’s that simple.

      OP says it was a new house. The fencing contractor, if they are owed money, is going after the wrong person. It’s more likely that it would be on the developers who subdivided the land and they are the ones who would have had the fences put up.

      Just because OP bought the house, does not mean that they automatically become responsible for anyone else’s debt.

      If OP did not organise this fencing contractor and they have no contract with OP’s name and signature on it, then OP has every right to refuse to pay it.

      So, a better answer should have been; is it a scam, possibly, OP should not ignore it and needs to contact someone, contacting the council is a good place to start to find out who is responsible for the fence on a new house sub-division, and lastly, if OP is liable for the fence, then yes, they do have a right to appeal it. They were never given a chance to view the initial quote or to get quotes from alternative suppliers.

      So, to me it sounds like either a scam, or that the fencing guy is going after the wrong people. His contract was never with OP.

    • HighAndDry on 12/12/2017 - 09:55
      +2

      Even if this was meant as a joke, some people might actually be mislead. Let's not help scammers here.

Login or Join to leave a comment
Login Join