need help from any legal eagles

> 10 years ago
Reply
Register to post, see what you've read, and subscribe to topics.
h20fly
h20fly
WA
384 posts
WA, 384 posts
25 Feb 2011 12:04pm
ok here is my beef. Worked for a gym (inspired life bentley). They screwed me for unpaid pt sessions and commission of about $4500.

I was working for the gym as membership consultant and a pt. I got my wages paid via regular payg format and i invoiced for my pt and sessions and commission.

They basically went under about 6 months ago liquidated, just shut the doors, promised myself and every other staff member there we would be paid out, then they changed their phone number and basically became uncontactable.

They were so harsh about it taking full membership for 1 and 2 years right up until they closed taking between 800 to 1200 of poor customers. This is just a rumor though i wouldnt put it past them. Apparently one of the brothers was charging the gym 10k a week under a different abn for "gym maintenance" until all the money was gone.

i have just yesterday got the residential address and phone number of one of the 2 owners. But i would love to know what path i take to recoup any money possible

your help is much appreciated

thanks

ben
KIT33R
KIT33R
NSW
1716 posts
NSW, 1716 posts
25 Feb 2011 3:17pm
Seek professional legal advice. If that fails "A Current Affair" love these kind of stories.
RPM
RPM
WA
1549 posts
RPM RPM
WA, 1549 posts
25 Feb 2011 12:18pm
Pm me.
kitelooper1
kitelooper1
112 posts
112 posts
25 Feb 2011 12:43pm
Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.
bene313
bene313
WA
1347 posts
WA, 1347 posts
25 Feb 2011 12:59pm
Try a department like DOCEP first to see what advice they have.

If you believe there is fraudulent activity, consider contacting ASIC/FIDO.

Engaging a lawyer will be costly and it's probably unlikely you'll see your $4,500 although you'd have a better chance if they acted fraudulently.
chelles888
chelles888
WA
100 posts
WA, 100 posts
25 Feb 2011 1:19pm
well you should probably seek legal advice but yes will be costly and beings they will obviously owe so many money i doubt it will work, if it was me personally i would knock on their door and demand answers, be nice about it ok and if they refuse just say no worries i will now go to the press...because yes they love to hear stories about that...good luck mate...sucks to be ripped off especially when you've worked so hard for it.
Saffer
Saffer
VIC
4501 posts
VIC, 4501 posts
25 Feb 2011 4:42pm
h20fly said...
Apparently one of the brothers was charging the gym 10k a week under a different abn for "gym maintenance" until all the money was gone.


This is actually illegal under legislation that covers transfer of assets. Money is an asset. I.e. to prevent someone transferring assets to another company before a company is liquidated. The money charged has to be for services rendered so if there aren't any services rendered, its illegal. Same as paying your wife a salary from your company to do nothing and reduce you PAYG. I suggest you refer the matter to ASIC and the ATO to investigate letting them know what is happening. Both of them are normally quite happy to investigate and ASIC can ban him from a directorship at any company for a period of time as well.

If these are hidden from the liquidators, he could even be subject to jail time.
h20fly
h20fly
WA
384 posts
WA, 384 posts
25 Feb 2011 3:04pm
GalahOnTheBay said...

^^^ that's the good news.

The bad news is you (and the others owed money) are in a pre-defined line in terms of who gets money back from the liquidation proceeds, and in this case you are not first in line...

See: http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Liquidation_guide_for_creditors.pdf/$file/Liquidation_guide_for_creditors.pdf


thanks for all the help guys. im getting to the piont where i think ill probably just have to write it off.. but i have never even heard from any liquidators or have no idea how to find out who they are.. and i think its a fruitless effort as all the money is gone ...
Bully
Bully
WA
170 posts
WA, 170 posts
25 Feb 2011 4:23pm
kitelooper1 said...

Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.


yep some heavy will buy a $4500 debt off your for $1000, he collects the $4500 through a little door knocking, you get the $1000, spend it on a new board spare the pain and anguish and time consumption, and while your at it spare the lawyers from having to bank your hard earned while they chase the gym crooks for 6 months
h20fly
h20fly
WA
384 posts
WA, 384 posts
25 Feb 2011 4:28pm
Bully said...

kitelooper1 said...

Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.


yep some heavy will buy a $4500 debt off your for $1000, he collects the $4500 through a little door knocking, you get the $1000, spend it on a new board spare the pain and anguish and time consumption, and while your at it spare the lawyers from having to bank your hard earned while they chase the gym crooks for 6 months


where are these people found?

Bully
Bully
WA
170 posts
WA, 170 posts
25 Feb 2011 4:35pm
^^^ in all the wrong places

please take my advice with a bucket of salt and upgrade your health insurence
doonut
doonut
WA
265 posts
WA, 265 posts
25 Feb 2011 4:38pm
put dog poop in a flaming paper bag leave it on there door step
Saffer
Saffer
VIC
4501 posts
VIC, 4501 posts
25 Feb 2011 8:27pm
h20fly said...

GalahOnTheBay said...

^^^ that's the good news.

The bad news is you (and the others owed money) are in a pre-defined line in terms of who gets money back from the liquidation proceeds, and in this case you are not first in line...

See: http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Liquidation_guide_for_creditors.pdf/$file/Liquidation_guide_for_creditors.pdf


thanks for all the help guys. im getting to the piont where i think ill probably just have to write it off.. but i have never even heard from any liquidators or have no idea how to find out who they are.. and i think its a fruitless effort as all the money is gone ...


I wouldn't let them get away with it. No point in letting them do the same thing to someone else. Report it to ASIC and the ATO anyway, at least they get their just rewards even if you don't.
picker
picker
VIC
431 posts
VIC, 431 posts
25 Feb 2011 8:51pm
law takes time, costs huge and the outcome is disappointing.

a friend went through this a little while ago in nsw.

pay the heavies. works out more $ in your pocket faster than legal costs
greenleader
greenleader
QLD
5283 posts
QLD, 5283 posts
25 Feb 2011 7:53pm
department of industrial relations in your state.

if they havn't truly gone into recievership and just closed the doors then the good old DIR will pursue them directly for free or pursue the recievers if they did, in which case you stand in line.

possibly the only govt department that actually produces results in my experience.
Prawnhead
Prawnhead
NSW
1317 posts
NSW, 1317 posts
25 Feb 2011 9:19pm
look up your local outlaw motorcycle gang ,they generally specialise in that area ...
rhinoman
rhinoman
QLD
362 posts
QLD, 362 posts
25 Feb 2011 8:22pm
this is a kite site, not air your trouble .harden up ,and ask the salvo's for some free tissues..
puppetonastring
puppetonastring
WA
3619 posts
WA, 3619 posts
25 Feb 2011 6:34pm
Phone 1300 30 40 54
Dept. of Commerce - Consumer Protection
They will do all the tracing for you and advise what you can do.

But I agree with prawnhead. Once you find them call in at coffin cheater headquarters in Bayswater. Rumour is they collect their own collection fees on top
Charl dv
Charl dv
WA
2485 posts
WA, 2485 posts
25 Feb 2011 7:50pm
rhinoman said...

this is a kite site, not air your trouble .harden up ,and ask the salvo's for some free tissues..


can i have your autograph?
PF
PF
QLD
10 posts
PF PF
QLD, 10 posts
25 Feb 2011 10:10pm
kitelooper1 said...

Dont waste time and money, go hire some muscle. It is quite common. Ask for contacts at the pub, used car dealers, tatt shops or Motor Cycle repair businesses. Knock on the Jokers compound if you have balls.

Works a treat.


I remember this story about a guy who travelled 1000km to chase some fella who'd done him a bad deal on a 2nd hand car. The guy ended up catching up with the seller, beat him up, threw him in the boot and half way back home was intercepted by the cops... he spent 3 yrs doing hard time. Even if you get it done by someone you would still be charged. Forget the $4500, if you're any decent as PT that's a weeks wage, not worth the time or effort.
default
default
WA
1255 posts
WA, 1255 posts
25 Feb 2011 10:49pm
kitelooper1 said...

Forget the $4500, if you're any decent as PT that's a weeks wage, not worth the time or effort.


wow man...im in the wrong game!

sebol
sebol
WA
753 posts
WA, 753 posts
25 Feb 2011 11:42pm
Why study to be a doctor or an architect when you can make $4500 as a PT?
That is $234 000
wishy
wishy
WA
1501 posts
WA, 1501 posts
26 Feb 2011 8:32am
sebol said...

Why study to be a doctor or an architect when you can make $4500 as a PT?
That is $234 000



You would have to sell Kosciusko sized mountains of musashi and pat every meathead in the country on the back to even make half that as a PT
Vatos Locos
Vatos Locos
230 posts
230 posts
27 Feb 2011 9:45am
Sorry to hear that just a thought im sure there's plenty of omc's out there that mite help you out for a "SMALL" fee try the 81's, coffin's, nomads, finks, gypsy's etc etc it might cost you your virginity and your freedom but worth a shot
Poida
Poida
WA
1922 posts
WA, 1922 posts
27 Feb 2011 11:32am
h20fly said...

.....

i have just yesterday got the residential address and phone number .......



visit them and try and discuss with them, dont leave till you resolve something, like cash or goods to the value. they will probably try and throw you out, ring every hour, then bring back some big ugly looking guys to stand behind you and knock on the door, bikies are good for this. They may ring the cops though and have every right too.

they sound like assholes so this may be water off a ducks back to them. maybe get a few uppercuts in before leaving or graffiti the car or front door. might make you feel better.
theDoctor
theDoctor
NSW
5786 posts
NSW, 5786 posts
27 Feb 2011 10:43pm


try and source the names and addresses of the 800-1200 recent ripped off members explain the deal of what happened and how you were equally ripped off and start out o your own with a huge client base...

...jeez its true what they say

pt's just ain't that smart

(but they can lift heavy things)
Please Register, or first...
Topics Subscribe Reply