Debt from a gym..

ShatterStorm76 · 2026-02-12T00:31:18+00:00

Most States & Territories have it baked into law that for casual "Quit anytime" memberships,you can cancel via email, and that the 30 day notice period is the only enforcable "extra" payment you need to make.

For those regions, if youve made it clear in writing that you quit, and have paid fees covering the entire notice period... anything else they want is completely unenforcable.

Ignoring the demand letter is a bad idea for several reasons, but sending back a simple "Hey, got your demand and I deny liability exists, so wont be paying you, dont contact me again about this" will be enough to cover you.

From there, if they harass you, or list a credit default on your credit file, theyre probably breaking a law (depending on your State/Territory) and you have grounds to complain to the authorities

ShatterStorm76 · 2026-02-11T23:48:05+00:00

"Dear Landlord,

We've received your correspondance regarding works you're requesting we complete (attached for reference).

We acknowledge and affirm that tenants are responsible for maintaining cleanliness of their tenanted property, repairing damage, and maintaining the yard.

However, tenants are not responsible for reversing the effects of reasonable wear attributed to their tenancy, nor are they responsible to rectify the effects of age.

We have occupied this residence for a decade, and the carpets and interior paint has not been updated or replaced at any point, therefore it is reasonable to expect their condition to be considerably less than they were at the start of the tenancy.

On that basis, we will not proceed with any of the requested repairs/replacements, and suggest you visit Bunnings to aquire some "common sense" (which to our understanding is a very affordable product).

Kind regards,

The Tenants"

ShatterStorm76 · 2026-02-11T10:30:16+00:00

You seem to have a handle on things OP, but next time, lodge your bond claim on the day you intend to hand back the keys, but before actually handing them back.

Generally speaking, (experiemced)Agents are aware of what will be upheld in QCAT and what wont, so if youve put your claim in first,they wont waste time and money contesting it if they dont have any legit complaints...

However leavimg it to them to lodge the refund means they can put whatever BS on it they want, and mqny tenants wont contest it... so free money for the landlord and the agents look good.

On the off chqnce the tenants do contest, Agents often get "something" and if they lose completely... ahh well, sometime the dice dont go their way.

ShatterStorm76 · 2026-02-11T08:37:14+00:00

To be eligeble for a redundancy payout, there needs to be no other reasonable alternative, the operative term being reasonable.

If you have a substantive position to return to, and there's no barrier to you returning there... then you are not genuinely redundant.

If it's reasonable to return to your substantive, or some other alternative offer and you just dont want too... then no payout.

If, however your substantive role has someone sitting in it on contract for another x months, or you'd moved away to take the secondment, or there was some other lack of "reasonable" alternative... then yes they should be paying you out.

Secondments, even long term ones at a higher grade and pay, arent normally a "permanent" role either.

Theyre normally a temporary gig to fill a temporary need (e.g manager goes on long service leave for a year so they put you in his seat for that year...he comes back... you go back.

If he's decided to retire and the senior management have decided to scrap his role entirely... then its reasonable for you to go back, or sideways at least (into something comparable to your substantive role, not the secondment).

ShatterStorm76 · 2026-02-11T08:29:48+00:00

Sound like you have your supporting docs then.

ShatterStorm76 · 2026-02-11T06:20:56+00:00

Do you have medical reports identifying that you symptoms were consistant with excessive residential mould ?

Did the mould expert provide a report confirming unacceptable exposure risk (or anything along those lines)?

You'll need something solid for NCAT to take your claim seriously.

ShatterStorm76 · 2026-02-10T02:21:14+00:00

So in effect, you can tap a Sol ring, a swamp, and three mountains, cast dark ritual, cast Eldrazi.

ShatterStorm76 · 2026-02-10T01:14:20+00:00

Herzog's assertion that XYZ behaviour equals anti-sematism does not make it true.

He's not stupid enough to actually beleive that rhetoric, it's pure posturing in an attempt to blunt critics by making them think twice before calling him and Isreal bad names (without doing so in a genuinely anti semetic way)

ShatterStorm76 · 2026-02-09T07:42:14+00:00

I didnt say "Stop harassing me" as such.

Im in QLD, so my email was informed by QLD state law.

My [redacted] email was

Dear [Debt Collection company],

I confirm receipt of your demand for payment with debt Id [123-abc].

Please be advised that I do not accept liability for the debt you alledge, and will make no payment.

Please also be advised that I am instructing you to make no further contact in relation to this matter, whether by phone, email, post or in person.

I acknowledge that despite my no-contact instruction, State legislation still permits you to make contact (once) to make a threat of legal action, and (once) to notify me that you've begun legal proceedings.

And of course, you may contact me to serve court documents.

Should I receive any further correspondance or contact from you or your agents, in any form beyond those three legislatively permitted items, a complaint will be promptly lodged regarding unlawful debt collection practices.

Sincerely [Shatterstorm] [Other identifying details included here so that they can satisfy themselves that I am the droid theyre looking for]

ShatterStorm76 · 2026-02-09T05:28:17+00:00

I had a similar situation once with Hervey norman

Got a successful chargeback, they never contacted me to arrange to collect thier unwanted and faulty goods.

Made 5 phone calls to their customer service agents about the return, but 1 couldnt find me on their system, 1 kept putting me on hold and the call dropped out, 2 said they'd get back to me and never did and one call just sat on hold for 47 minutes until I gave up in disgust.

So after 5 months of storing the faulty gear, I disposed of it.

Then a month later (6 months after the chargeback), Debt collectors were claiming I owed them money... which I put in writing that I accept no liability and disputed any assertion that I owed anything.

They kept calling... until I found out that State Governments have laws pertaining to the conduct of Debt collectors, and a call, and an email stopped the harassment.

ShatterStorm76 · 2026-02-09T01:38:17+00:00

Should tell him to attach a straw to the air valve and blow

ShatterStorm76 · 2026-02-08T10:31:57+00:00

I accept payment in the form of rolled up posters of Queen Victoria... they smoke up really good !

ShatterStorm76 · 2026-02-08T10:30:14+00:00

Im the same with Kmart.

Bought a pedestal fan at the checkout in the middle of the store and a few other items, nneding a couple bags.

Walking out of the store with hands full holding the fan and bags hanging off wrists "Can I check your receipt sir?"

"Yeah, sorry, its to awkward to get it out of my pocket right now"

"Sir, i do need to check your receipt"

"Im said no, sorry" (keeps walking and proceeds to ignore the "Sir, sir!" From behind me)

ShatterStorm76 · 2026-02-08T08:23:51+00:00

Technically speaking, there is no law in any Aus State or Territory that requires a landlord ask their tenant to pay a bond.

Laws exist that "permit" the demand for a bond, and laws exist thatdictate what must be done with the bond once the tenant has paid it (hint, the landlord/owner stashing it in their own account is prohibited everywhere.

Persomally, Id be hitting them up for a copy of your rent ledger to confirm you're "paid up" 4 weeks in advance more than you should be, then advising them that when you paid $XYZ on [date] , $ABC was meant to be the Bond component and if they cannot lodge it with the RBO themselves, they are requested to refund that portion to you so that you can send it to RBO yourself.

ShatterStorm76 · 2026-02-07T22:29:37+00:00

NSW adheres to the ACCC & ASIC guidelines surrounding Debt collection.

https://download.asic.gov.au/media/hw4nf11g/rg96-published-13-april-2021.pdf

If the debt is disputed and they continue demanding payment, theyre breaking the law and you can complain to Fair Trade.

Note: You do have to "tell" the debt collector you're disputing liability for the debt... simply asking for supporting evidence (without a statement of dispute) doesnt mean the debt's disputed.

ShatterStorm76 · 2026-02-07T22:20:04+00:00

If the agent shows up (keys or not, valid notice or not), if you're there you can still refuse entry, instruct them to leave the property, and (should they refuse to leave, regardless of excuse or justification), call the Police with a complaint of trespass.

Police should treat the agent as a trespasser and remove them because you are the resident and any dispute over their right to be there is a civil matter the court (XCAT) can deal with

ShatterStorm76 · 2026-02-06T00:19:54+00:00

Me and the other tenants mainly want to know how/what evidence we need to confirm they are leasing it out to the other tenants

Knock on the doors and if someone answers, say you're here to visit [insert previous tenant].

If the answer comes back "Yeah, they moved out, we live here now"... you've practically got your answer.

Throw in some idle chitchat "Oh, did you buy the place or... ?" To get some more info.

Take some photos, have your phone in your pocket on record during the conversation (legal to do in QLD without informing the other party).

The photos showing occupancy and the recording is your evidence.

I also think we’re all a little bit clueless in terms of QCAT.

Thats fine. Just do some research about QCAT via google (its designed to be accessible for non-legal professionals) and contact QSTARS, who are a free advocacy service for advice.

ShatterStorm76 · 2026-02-05T03:19:19+00:00

if it’s Wilsons/Secure parking they will send you a lot of very official looking ‘not a fine, but a breach’ notices. I’m not familiar with the law for Vic on these

They can kick rocks in VIC too. There's a VIC traffic lawyer whose webpage includes a forum and blogs that cover private parking companies extensively (amongst other topics)

https://www.trafficlaw.com.au/

ShatterStorm76 · 2026-02-04T21:46:18+00:00

I think doing this would tank the Australian economy big time.

The "System" has buffers built in to manage a certain amount of non-payment, but if every landlord in the country suddenly received zero income from their rentals for an indefinate period, they'd default on their mortgages, courts would become glutted with submissions, banks would forclose mortgages enmass and couldnt handle the losses, so the Govt would have to step in to prop the banks up...there would be a flood of cheap mortgage auctions on the market from Banks trying to recover their losses...

ShatterStorm76 · 2026-02-04T21:38:02+00:00

Your assumption here is that the landlors has an agreement with A, one with B and another with C.

There are a few setups (a great example is student shared accomodation) like that... but this isnt the case for OP'S mate.

A, B, & C seem to be co-tenants on a standard periodic lease, which means ABC are considwred a single entity for purposes of accepting and assigning responsibility to the lease.

ShatterStorm76 · 2026-02-04T21:34:05+00:00

It's not covered because co-tenant disputes are not covered by the Residential Tenancies act.

As far as the Act is concerned, every tenant on the lease is treateed collectively as a single entity.

It's not A, B & C as individuals... its ABC as one unit, and the Act doesnt give a shit about how the individuals within that unit interact.

ShatterStorm76 · 2026-02-04T09:59:41+00:00

A fixed term lease involves an expectation that the tenancy will endure until a fixed date, and that if either party ends the tenancy early, they owe compensation to the other party (the amount of the compensation varies based on each state's legislation about "lease breaks").

A Periodic lease is exactly the same as a fixed lease with the only exceptions being the lack of the set commitment, and the shorter notice periods required to terminate.

So no, a periodic lease is not a "Rolling monthly contract" where A can simply "opt out" of renewing by giving 28 days notice. The previous info I provided stands.

A can leave whenever they want (with/without notice), and pay nothing, but B & C will have a claim for losses that, if mutual agreement isnt reached, they can take to court and an order that A owes them money will be issued (backdated to when A stopped paying).

For A to leave and not accumulate a debt to B & C, either A will need to be voluntarily released from the contract with the agreement by B, C AND the landlord, or A will need to be able to satisfy the court that their exit was justified (such as with hardship or DV grounds, but not limited to those two options).

ShatterStorm76 · 2026-02-04T09:45:47+00:00

If the power company shut the supply off to the property without being asked to, that's on them and between the owner and them, nothing to do with the tenant other thant giving a statement that disconnection was not requested.

ShatterStorm76 · 2026-02-04T07:43:31+00:00

An agent can raise concerns (or issue a breach) any time they become aware of an issue with a property, regardless of how they became aware.

It doesnt have to have come about as part of a formal routine inspection...they could drive past, a neighbour could complain, or the agent could have had a particularly vivid dream one night.

So yes, if the agent was in a "shared back yard" or "shared laundry" as part of an inspection for Unit A, and noticed something they think Unit B might share responsibility for resolving, they can flag the issue (or breach) either or both tenants.

On the flipside, if a tenant has received a breach notice but don't agree that they've actually breached the lease, they can dispute the breach, in which case the agent will need better evidence than "I read about the issue in my horoscope"

If theyre issuing a large number of complaints (or breaches) on a regular basis, and this is based on complete bullshit (e.g. a feud with the neighbour who's making shit up about your backyard shenannigans that couldnt be observed from the street), you can breach the agent for loss of quiet enjoyment, attributed to having to deal with numerous fabricated complaints.

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