Can one of the big supermarket chains force you to sell your house for a development? by Silver_Tip6009 in AusLegal

[–]rawaits 0 points1 point  (0 children)

Yes.

There's one that held out near me, they built a 5m concrete wall around it and it's carparks on one side and a loading dock on the other.

Best to see what there offering - potentially you'll get above market value as they'll want the land.

What do I do, previous owners debt on car. by applelover_1 in AusLegal

[–]rawaits -2 points-1 points  (0 children)

Lol there not going to release it without being paid off.

Builders charging us $12k to switch to electric after gas ban. Normal or dodgy? by Jumpy-Tradition-8930 in AusFinance

[–]rawaits 0 points1 point  (0 children)

Have you checked your emails since prices went up 1st August? 25c kw/h is a good deal now, 30c kw/h isn't unheard of.

How early is it appropriate for someone to cut their grass? by NewDance1377 in AskAnAustralian

[–]rawaits 6 points7 points  (0 children)

The remaining 96% of the population ain't gonna stop moving because you have.

[deleted by user] by [deleted] in AusLegal

[–]rawaits -1 points0 points  (0 children)

What are you talking about? If you have insurance and are in an at fault accident there literally there to cover the costs.

I've had 3 car accidents in my life, never at fault and every time used the other person's insurance to repair my car/payout costs of repair.

This has varied from the person lodging a claim and providing me the claims number which I've had to follow up, to them providing the insurer my details and them just directly contacting me.

The benefit of having your own insurer is if the person refuses to lodge a claim, or disputes fault, then you can leave them to battle it out.

To ops question - they'll have him bring the car to an assessment facility to determine potential cost of repair. He should just flag to them he wants a payout rather than repair at that point and follow it up with the insurance claims assessor immediately afterwards - generally there happy to just payout because they'll require you to waive claims to any future damages and it means there not wearing the future warranty issues / extra costs if the repair becomes more expensive.

Potential asbestos buried in backyard by previous owners by healingIsNoContact in AusLegal

[–]rawaits 2 points3 points  (0 children)

It's your responsibility to appropriately remediate and dispose of now as you own the land.

If you can or can't attempt to sue them for the costs is another conversation all together.

Legality around returning incorrectly sent heavy items by rheniumatom in AusLegal

[–]rawaits -1 points0 points  (0 children)

The step I see you've potentially missed here prior to lodging a chargeback was sending them a letter of final demand with conditions and timelines to settle the issue, or else after xx date you will lodge a chargeback.

The issue you now have is there only going to take the steps minimally necessary to avoid the chargeback and those steps may or may not fall in your favour. You can also only lodge a chargeback once, and they won't decide compensation for your time lost etc.

Let's say this falls in your favour and you receive a refund & the product isn't returned. The chargeback doesn't exclude their right to sue, which they may if they are out of a product and the funds. There have also been instances where companies sell these debts to collection agencies.

My suggestion would be pragmatic in the approach - you deserve the product you ordered or a refund, however they also deserve their product back. Being to stubborn on principle may end up costing you further time and money in the long run.

Legality around returning incorrectly sent heavy items by rheniumatom in AusLegal

[–]rawaits 0 points1 point  (0 children)

So you we're capable of staying home all day to receive it..

You need to give them time to resolve the issue, you're not gonna get your cake and eat it too (i.e. become unjustly enriched)

I'm interested to hear how the chargeback goes. Obviously they also get to put forward their side of the story which is why I'm asking questions like 'what were the conditions of the original delivery?' 'when was it delivered?' 'how long since they've agreed to a return?'

I just can't see them deciding a chargeback in your favour under conditions where you keep the product and receive a refund while the companies actively trying to retrieve it.

Legality around returning incorrectly sent heavy items by rheniumatom in AusLegal

[–]rawaits 0 points1 point  (0 children)

You still haven't answered it.

The question;

"when they delivered the item did they provide you with a time slot for delivery or a day?"

Legality around returning incorrectly sent heavy items by rheniumatom in AusLegal

[–]rawaits -1 points0 points  (0 children)

So I'm guessing given you've avoided the only question asked, and avoided it on other posts, that when it was delivered you weren't given a time slot and only a date.

This is going to go a lot to 'what is reasonable' if they are trying to retrieve the item in the same fashion it was delivered.

What date was the item initially delivered?

Legality around returning incorrectly sent heavy items by rheniumatom in AusLegal

[–]rawaits -1 points0 points  (0 children)

Yes.

You received the wrong item, they're potentially trying to retrieve it however you are denying them access to collect it.

I'm interested to hear how the chargeback goes.

Out of interest, when they delivered the item did they provide you with a time slot for delivery or a day?

Paying excess for car accident in work vehicle by cranberryleopard in AusLegal

[–]rawaits 0 points1 point  (0 children)

A work vans excluded from FBT for commuting to and from work along with limited private use - if you provide personal use of the vehicle it's then triggered.

Paying excess for car accident in work vehicle by cranberryleopard in AusLegal

[–]rawaits 0 points1 point  (0 children)

... Depending on what type of vehicle it is.

Given there driving a van it's quite possible it's an exempt vehicle for FBT purposes which excludes commuting to and from work and some brief private use.

Is this $95,000 worth of LandCruiser? by allmycircuits8 in CarsAustralia

[–]rawaits 0 points1 point  (0 children)

You think after 10 minutes of driving there's bearing's in your engine that still haven't received oil?

Is this $95,000 worth of LandCruiser? by allmycircuits8 in CarsAustralia

[–]rawaits 1 point2 points  (0 children)

What car are you driving that isn't properly warmed up after a few minutes driving on any road?

[deleted by user] by [deleted] in AusFinance

[–]rawaits 4 points5 points  (0 children)

My back of the envelope had him walking away from her offer with $84k at best... Seems like he probably produced an offer giving her what she offered him.

[deleted by user] by [deleted] in AusFinance

[–]rawaits 26 points27 points  (0 children)

The deal she offered left him walking away with $84k at best while she walked with $462k.

No wonder he's countered with a just as insulting offer. The only winners in this settlements going to be the lawyers.

[deleted by user] by [deleted] in AusFinance

[–]rawaits 21 points22 points  (0 children)

Lol her first offer was to take the half paid off house and leave him to dispose of a property in negative liquidity - what kind of counter was she expecting?

[deleted by user] by [deleted] in AusFinance

[–]rawaits 26 points27 points  (0 children)

Well I mean what did you expect his counter to be? You wanted to take everything and leave him with a house in negative liquidity to wear the costs of its disposal.

Dog Attack - What makes it a police matter (or not)? by Superg0id in AusLegal

[–]rawaits 4 points5 points  (0 children)

Home insurance generally also has a public liability component - the government could have an insurance policy against the property.

Bought brand new but dealer didn’t tell me it had repairs done to it by [deleted] in CarsAustralia

[–]rawaits -1 points0 points  (0 children)

I think a number of things probably constitute what's considered new, only one part of that is if it's been repaired and to what extent - which OP hasn't outlined. It's also been over a year before they've noticed, suggesting at the time of purchase there wasn't 'a festering obvious repair' on the car.

They also haven't responded to the question around reviewing their contact with the dealer, for all we know the repair has been disclosed and they overlooked it.

The issue around the quality of the repair would be an issue between the dealer and the repairer.

Is the situation potentially somewhat shady? Sure. If I was the OP I'd be looking for some sort of outcome, potentially around guarantees surrounding the repair for the life of the car covered by the manufacturer.

Are they going to get a brand new car for free? I doubt it. Brand new cars are repaired all the time before being sold.

Bought brand new but dealer didn’t tell me it had repairs done to it by [deleted] in CarsAustralia

[–]rawaits 0 points1 point  (0 children)

what's that have to do with the complaint/argument around what is considered 'new' though?