Can they do this?

From what I understand, you've had 2 previous payment plans, and when it became obvious you wouldn't be able to pay, you contacted the company BEFORE a payment was missed - is this right?

If so, I would take it higher in the company, on the basis that you are happy to enter into another payment agreement, and you have followed their terms for payment agreement in the past. It is simply impossible for you to get $600 in the next couple of days, but if you can do a payment agreement, they should be taking it.

If that fails, I would take it to the Ombudsman - the issue is not whether or not you owe the money, the issue is that they are not allowing you to pay the amount you are able to, and are demanding the full amount in an unreasonable amount of time.

PM me if you need to - I've had experience with this type of thing :)

Don't stress yourself out too much hun :hug:. They can't get blood out of a stone, if you can't come up with the $600 the worst they will do is repossess the laptops and you give them an amount that you can afford weekly, don't let them intimidate you. Wishing you all the best.

Regards,
Dianne

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From what I understand, you've had 2 previous payment plans, and when it became obvious you wouldn't be able to pay, you contacted the company BEFORE a payment was missed - is this right?

If so, I would take it higher in the company, on the basis that you are happy to enter into another payment agreement, and you have followed their terms for payment agreement in the past. It is simply impossible for you to get $600 in the next couple of days, but if you can do a payment agreement, they should be taking it.

If that fails, I would take it to the Ombudsman - the issue is not whether or not you owe the money, the issue is that they are not allowing you to pay the amount you are able to, and are demanding the full amount in an unreasonable amount of time.

PM me if you need to - I've had experience with this type of thing :)

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Yes, so when i first lost my job, the next day i was straight on the phone. My payments came out once a month and they were fine with that. Then when i gained employment again i started the payments back up, the full payments i think i managed 2 maybe 3 payments before that job also fell through and again i called them as soon as i lost my job, i always kept them up to date with my financial situation it wasnt until the second time a lady told me i couldn't put my payments on hold as i still had arrears from catching up when my payments were on hold. They have ALWAYS known what my situation is. Wasn't until recently when i had no job at all and i made the arrangement of $30 a week, which actually that added up to a full payment at the end of the month... so i don't know how i am $600 behind.. anyways so thats why i'm so upset that they are being like this, its not as if i have just not paid them i have had good reasons not to..

When DP gets home ill talk further about it with him, i hope there is someone from Rentsmart which is higher than this Supervisor that i can speak to as this cannot be fair. My contract only started last January and really $600 isn't a great deal (it is in a lump sum when you don't have it), if they let me pay what i can, in a few months ill be right back on track.

As for this $30 coming out every week ive missed 3 of those payments, ive just looked back in my netbank. I don't see how i can't just pay $90 this week and continue with the payment plan as was arranged..

Berenice - That is all well and good - a nice notion. but the fact is that they have given her enough time and she has failed to meet the repayments - to the tune of hundreds of dollars in dishonour fees from her bank alone.

They have a contract and are in no way bound by anything to give her ANY payment plans, let alone the 2 she has already defaulted on. It is called bad risk, and unfortunately, that is something 1sttime has in spades.

The ombudsman will do nothing because the company is well within their rights and are not behaving unreasonably - they are simply repossessing the goods and foreclosing the contract.

If you've missed the 3 payments, that is possibly why they're being so strict now, citing broken agreements etc. Was the money just not in the account, or was it there and they haven't taken it?

Also, start a lil notebook to detail all of your conversations with them - names, dates, times and basic summary. You may need it...

The other thing you could do is call the real estate agent and ask them to put your rent off for a week so you have the lump sum... but then if you have no way of getting the money for the rent, you're just robbing peter to pay paul...

Good luck hun, I hope you get through to these people. While yes it may be within their rights to reposses, it is not within their rights to be awful to you and lack in understanding. Go to the top!

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anyways so thats why i'm so upset that they are being like this, its not as if i have just not paid them i have had good reasons not to..

When DP gets home ill talk further about it with him, i hope there is someone from Rentsmart which is higher than this Supervisor that i can speak to as this cannot be fair. My contract only started last January and really $600 isn't a great deal (it is in a lump sum when you don't have it), if they let me pay what i can, in a few months ill be right back on track.

As for this $30 coming out every week ive missed 3 of those payments, ive just looked back in my netbank. I don't see how i can't just pay $90 this week and continue with the payment plan as was arranged..

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Unfortunately that is not how the adult world works.
They have given you a prior opportunity and the notion of "It's not fair" and "I had good reasons not to pay" just don't fly - and nr should they.
You entered knowingly into a legally binding contract with strict terms and amounts and you have not honoured that contract.

The real world doesn't run on "fair" and "good reasons" and high school forgot-my-homework excuses.

The best thing you can do is arrange a time to have the computers collected as a sign of good faith and request a final bill from them . With some luck you can work from there and try and avoid debt collectors and a mark against your credit rating.

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Berenice - That is all well and good - a nice notion. but the fact is that they have given her enough time and she has failed to meet the repayments - to the tune of hundreds of dollars in dishonour fees from her bank alone.

They have a contract and are in no way bound by anything to give her ANY payment plans, let alone the 2 she has already defaulted on. It is called bad risk, and unfortunately, that is something 1sttime has in spades.

The ombudsman will do nothing because the company is well within their rights and are not behaving unreasonably - they are simply repossessing the goods and foreclosing the contract.

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I understand what you're saying Lime, but I respectfully disagree :)

First of all, she has always kept them informed of her financial status and ability to make repayments, rather than waiting until they start chasing her to say 'Oh, I lost my job'.

Secondly, I had the same thing with a phone contract, and unknowingly didn't make any payment for 5 months. When they finally contacted me, they demanded full payment by the end of the week or they would disconnect us. I took it to the Ombudsman because I had offerred a payment plan, paying as much as I could off the debt while paying all incoming bills, and they signed me up to the plan, and then said they would disconnect anyway. I never disputed that I would have to pay the money, I was only disputing the deadline, as I believe 1sttime is. Loooong story short, I won and didn't end up having to pay the debt at all, and my credit history was fixed.

So basically, while the company is definitely entitled to reposess, by going about it the way they have, despite 1sttimes efforts, they may have shot themselves in the foot ITMS :)

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Berenice - That is all well and good - a nice notion. but the fact is that they have given her enough time and she has failed to meet the repayments - to the tune of hundreds of dollars in dishonour fees from her bank alone.

They have a contract and are in no way bound by anything to give her ANY payment plans, let alone the 2 she has already defaulted on. It is called bad risk, and unfortunately, that is something 1sttime has in spades.

The ombudsman will do nothing because the company is well within their rights and are not behaving unreasonably - they are simply repossessing the goods and foreclosing the contract.

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I agree. They don't have to agree to a payment plan.

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The other thing you could do is call the real estate agent and ask them to put your rent off for a week so you have the lump sum

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I can't imagine any owner agreeing to do this. Considering it's end of month coming up this week for landlords, they're going to want their money for the month, and all of it.


If the only solution for you is to hand back the laptops, then that's what you'll have to do. Are you able to borrow the money from someone as a loan until you've got more money coming in?

Umm why should the company miss out on THEIR money?

A contract is a contract.. it wasn't unknowingly not paid... it was something signed for without a future thought.

The company is well within their rights after two failed payment plans to repossess their items and sell them.

Unfort this is part of being a responsible adult.

My suggestions to you since money seems to be a huge issue.. is to suggest handing back the computers anyway (even with the baby money that will run out before the contract does and babies aint cheap).. disconnecting the Internet (luxury not necessity) and getting somefinacial advice. You need it or you will be forever robbing peter to pay paul.

I used to work in credit management for a well known telephone company. In general we would always try to put a payment plan in place, but if a person defaulted twice then it would depend on who answered their phone, but a new arrangement would generally not be put in place. A lot of the time it is dependant on how bad a day the person you speak to has had, and I am sorry to say that whilst they may be able to be more lenient, they are under no obligation to do so.

Also if a person got snippy on the phone with me or one of my colleagues (and I know you say you were not angry but just for arguments sake) then it would be quite normal for a note to be put on their file "customer abusive" which would pretty much halt the next person from doing them a favour.

It is always worth appealing to the ombudsman though, because although they might say no, they might also say "yes, make a payment arrangement". You don't ask, you don't get.

Good luck

T
xx

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A contract is a contract.. it wasn't unknowingly not paid... it was something signed for without a future thought.

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I don't see how there was no further thought given in this instance - she has been quite diligent in informing them ASAP when her circumstances changed. If we all didn't take out loans on the off chance we MIGHT lose our job during the contract period, loaning institutions wouldn't exist...

:hug:

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I don't see how there was no further thought given in this instance - she has been quite diligent in informing them ASAP when her circumstances changed. If we all didn't take out loans on the off chance we MIGHT lose our job during the contract period, loaning institutions wouldn't exist...

:hug:

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Before taking out a loan, the borrower should really consider how the contract would be met if the income was halted by accident or loss of job. If this cannot be done, maybe you shouldn't be taking the loan..

But back to the topic, 1sttimemumma.. I really hope you and DP can come up with a way to get this paid. Does your DP have any accrued holidays he could get paid out to cover it? We have just done that with a huge power and rego bill that came in due at the same time.

IF you've missed enough payments then I think they are within their rights to take it away but if you are offering to pay something then they do have to consider it. I don't think that actually means they have to accept your offer though but trying is better than burying your head in the sand.

Call them and keep asking to speak to someone higher and see how you go. Keep asking to speak to their supervisor if they tell you no. Be nice, polite but firm.

I would think that if you're at least offering to pay something even if it $20 a week they might accept that and it might be enough to keep it. I'm sure you can find $20 even if it means you eat spaghetti on toast for the next month ;)

Maybe you can go through your stuff and have an ebay sell-o-rama to raise a bit of cash to put toward it...

At the end of the day though you should be prepared for the worst case scenario so back up everything JIC they repossess them.

:yeahthat:

I was going to suggest the same as Ocean Princess....are you usually good with paying your rent? If you are then I'm sure the estate agents won't be too fussed with you giving them whatever you can for the month then paying the rest in a few weeks.

I think it's probably best to pay off the debt asap without going on another payment plan as it seems your income can be unsteady at times. As others have said rentsmart are well within their rights, but that lady had no reason to be rude to you.

Personally I don't think it would be a good idea to pay one debt by creating another. A roof over your head is much more important than a laptop.

Regards,
Dianne

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I was going to suggest the same as Ocean Princess....are you usually good with paying your rent? If you are then I'm sure the estate agents won't be too fussed with you giving them whatever you can for the month then paying the rest in a few weeks.

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I would be very surprised if the estate agents agreed to this. They only collect rent on behalf of the landlord, who will probably have a mortgage to pay so is unlikely to agree. I know as a landlord I would never agree to an arrangement like that.