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vc commodore

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Personally I'd be sending a letter, with a copy kept by yourself, registered mail, with a return advise coming back to you acknologing receipt of the letter....It shows a paper trail, which is of good use should you need to take further steps about it.

Emails, phone calls can be claimed as not being received...ie, didn't get a phone call, or the email got put into the trash due to being spam or what ever reason can be dreamt up.

Going back a couple of years, I lodged a small claims over a car accident....The court administration authority advised me this is the best course of action, which is why I'm passing on this information...
 

SnowDoggyDogg

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So.... I deal with dodgy developers day in day out.
My advice is to time stamp a conversation with Walkinshaw. You need to call them regarding the issue and what the remedy will be from their end.
Tell them you will send them an email regarding the points outlined in your discussion.
Send the email noting the date and time of the call, points discussed and ask for them to respond within 2 business days if there are any points within the email that need clarification, otherwise it is accepted as the correct interpretation of the agreed way forward.
If in the initial conversation they do not commit to fixing the issue you need to be prepared to take them to court or lawyer up, etc. This becomes the time stamp of the email.
The point is to actively record Walkinshaw in some level of commitment, even if its them not doing something and it's you threatening legal action. That way when they or you act it's an established outcome and cannot be construed as a misconception on your end.
 

monstar

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So.... I deal with dodgy developers day in day out.
My advice is to time stamp a conversation with Walkinshaw. You need to call them regarding the issue and what the remedy will be from their end.
Tell them you will send them an email regarding the points outlined in your discussion.
Send the email noting the date and time of the call, points discussed and ask for them to respond within 2 business days if there are any points within the email that need clarification, otherwise it is accepted as the correct interpretation of the agreed way forward.
If in the initial conversation they do not commit to fixing the issue you need to be prepared to take them to court or lawyer up, etc. This becomes the time stamp of the email.
The point is to actively record Walkinshaw in some level of commitment, even if its them not doing something and it's you threatening legal action. That way when they or you act it's an established outcome and cannot be construed as a misconception on your end.
Wow :eek::) Good stuff.
 

vc commodore

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So.... I deal with dodgy developers day in day out.
My advice is to time stamp a conversation with Walkinshaw. You need to call them regarding the issue and what the remedy will be from their end.
Tell them you will send them an email regarding the points outlined in your discussion.
Send the email noting the date and time of the call, points discussed and ask for them to respond within 2 business days if there are any points within the email that need clarification, otherwise it is accepted as the correct interpretation of the agreed way forward.
If in the initial conversation they do not commit to fixing the issue you need to be prepared to take them to court or lawyer up, etc. This becomes the time stamp of the email.
The point is to actively record Walkinshaw in some level of commitment, even if its them not doing something and it's you threatening legal action. That way when they or you act it's an established outcome and cannot be construed as a misconception on your end.

Good point, but can't phone calls and emails be claimed as not being received for various reasons?
 

426Cuda

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Good point, but can't phone calls and emails be claimed as not being received for various reasons?
Yes, your probably thinking of contracts, including those based on Australian standards. Which do not allow notices required under the Contract, to be emailed. Eg AS2124 requires fax, snail mail, or hand delivered notices.
That said, the strategy above is good. It's another way of establishing a contemporaneous trail of correspondence. Which is a whole lot better than hearsay. Assuming they take the bait. Of course, they may just respond to the email and deny any responsibility, for whatever reasons.
Which ever approach is taken, it's important to be seen to be acting reasonably.
 

vc commodore

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Yes, your probably thinking of contracts, including those based on Australian standards. Which do not allow notices required under the Contract, to be emailed. Eg AS2124 requires fax, snail mail, or hand delivered notices.
That said, the strategy above is good. It's another way of establishing a contemporaneous trail of correspondence. Which is a whole lot better than hearsay. Assuming they take the bait. Of course, they may just respond to the email and deny any responsibility, for whatever reasons.
Which ever approach is taken, it's important to be seen to be acting reasonably.

I was more thinking along the lines of when I lodged a small claims through the court system a few years back, as a result of being rear ended by another car.

Either way, it will be interesting to see what transpires
 

426Cuda

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I was more thinking along the lines of when I lodged a small claims through the court system a few years back, as a result of being rear ended by another car.

Either way, it will be interesting to see what transpires[/QUOTE
I was more thinking along the lines of when I lodged a small claims through the court system a few years back, as a result of being rear ended by another car.

Either way, it will be interesting to see what transpires
Ok. Yes it will. Hopefully it ends in favour of the OP.
 

VS 5.0

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FWIW, not all Australian Standards carry legal weight. Only those enshrined in legislation. Those that aren't enshrined in legislation are recommended standards. Nothing more, nothing less. Additionally, just because something does not comply with Australian Standards does not mean it is of poor quality. Many standard form Australian Standard contracts are used as a template and modified to suit the purpose of the parties to the agreement.

Email is an acceptabe legal form of correspondence. Most, if not all, modern commercial contracts allow for correspondence to be sent via email which, IIRC, is generally deemed to have been received on the day of transmission unless evidence of non-receipt is apparent via the senders email server.
 

VinnieLS3

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Email is generally fine. Just put a read receipt with it.
 
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