I think we should start working on the small claims procedure through the courts.
http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-sa/#headingh35
http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-sa/#headingh35
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yeah got it just before mate, sorry, i dunno when will be best this weeks been a bit chaotic, i'll email you later tonight (after midnight) or in the morning. i'll be in bris-vegas all day tomorrow so thats out. looking like it might be next week as i presume you'll be busy on the weekend.
I got a text also saying that they have been posted as well, if that's the case then we should have them today. Next is hearing that little fish has his stuff and the refunds have started. Prior to starting small claims I would like to send a registered post letter with all the events that have occurred and give BF the chase to do the right thing and sort it all out.
By giving it to him in writing and allowing him to sort it out before going small claims everyone knows where they stand, and it would also serve as the mechanism to start small claims action should it be unsuccessfully resolved.
Thoughts?
By giving it to him in writing and allowing him to sort it out before going small claims everyone knows where they stand, and it would also serve as the mechanism to start small claims action should it be unsuccessfully resolved.
Thoughts?
I believe the letter you describe should be very similar to the template available at the links Fordgtlover mentioned. I think the purpose of the template is as you describe. I have a draft letter written before you were able to retrieve our kits. Ill look into the finances again tonight, I've intentionally avoided that over festive season since it always leaves me in a foul state of mind.
I thought my messages from BF last night indicated that nothing had been posted yet.
I thought my messages from BF last night indicated that nothing had been posted yet.
^
ddw, it would make sense to frame this is the letter of demand.
The only snag is that we need to gather the real details of everyone who is making the claim. To the best of my knowledge, the legal system supports legal entities. I don't believe that forum handles would qualify under the definition of legal entities.
I am happy to coordinate collecting names and addresses if that suits people.
Thought from others?
ddw, it would make sense to frame this is the letter of demand.
The only snag is that we need to gather the real details of everyone who is making the claim. To the best of my knowledge, the legal system supports legal entities. I don't believe that forum handles would qualify under the definition of legal entities.
I am happy to coordinate collecting names and addresses if that suits people.
Thought from others?
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I've got everyone's addresses and the majority of people's real name from the info BF have me to post the kits. Those who I dont have I will send a PM.
I'm currently away so I don't have access to all the info.
I'm going to send another text to BF to let him know how we are planning to reach a resolution on the group buy, and what he is expected to do.
I'm currently away so I don't have access to all the info.
I'm going to send another text to BF to let him know how we are planning to reach a resolution on the group buy, and what he is expected to do.
I'm away from home on holidays at the moment but will be home on the 31st. As soon as I have the panels I will post the international orders.
Happy for you to add to your current list, but I believe that we also need an indication that each person is happy to be represented by you, me, hochopeper or whoever is nominated - possibly all three of us.
I think the likelihood that we will need to move beyond the notification step is high, so we might as well do these things up front rather than be delayed later.
Agree that we need some formal indication from each person that they would like to be included. I am with DDW, I would much rather not have to take any more action than an appropriately worded letter to BF. If that fails to raise an appropriate response then we'll have everything in place for whatever the following necessary steps may be.
I have just got an SMS from BF, they are now all in the post. He mentioned that as I said last night post offices will be closed Fri-Mon this weekend (after the postal workers did overtime in lead up to Christmas). He suggested that this could lead to further delays. We'll all see the sorting date stamp when they are received.
Certainly an appropriate time for me to bust out the spreadsheet and try to wrap that side of things up in the next day or so. Even more reason now that the cricket is as good as done.
The advantage we have is this forum is a public domain and BF has been able to have access to the same information as we have. Hopefully common sense will prevail and in the first instance he will refund the plug packs ASAP, and then get in contact with me to pay the postage costs, all of which I have invoices for and have payed for it all with my own money on the understanding I will be reimbursed by BF.
I like your enthusiasm, ddw. I think the boundaries of common sense were exceeded about 6 weeks ago.
I will also say once again that I still owe this GB about $100. I think there is enough money owed to others that I would rather pay someone else directly than the black hole that is BF. Despite offering several times, nobody seems to want to take my money 😀
I will also say once again that I still owe this GB about $100. I think there is enough money owed to others that I would rather pay someone else directly than the black hole that is BF. Despite offering several times, nobody seems to want to take my money 😀
I'd be happy to take it, but I'm holding off so BF can't say that there has been a conspiracy against him.
My Version
Ok I'm going to have a crack at summarising the finances.
1) I believe BlueFusion collected moneys from each individual that were sufficient to adequately cover the costs for components ordered by them.
1a) There is 2 exceptions to this rule by my calculations. By my estimate the cost of ianrt's ordered components exceded the amount paid by $7. By my estimate the cost of 'Things' ordered components exceded the amount paid by $2.75. Regarding 'Things' see below. Not a forum member, not distributed via DDW.
2) There are 2 orders listed by BlueFusion that are seemingly for people that are not members of this forum. Specifically these orders are for MoonShad0w and Things. In the absence of any better information the best I can do is assume that they are personal friends of BlueFusion OR worse case they are people that he had previously outstanding debts with. Point is without being able to identify these individuals there is no chance of knowing if they have contributed funds to the GB. Neither of these orders were distributed via DDW.
3) Additional items were purchased by BlueFusion which he purported were out of his own funds. I believe that these funds were actually borrowed from shipping/plugpack funds. This choice by BlueFusion doesn't absolve BlueFusions' responsibility to provide the kits to those who joined the GB. The point here is that we ordered specific items. We (the members of the GB) did not invest in a possibility to distribute additional goods via BF with 0 return.
4) Fixed portions of the distribution costs were not calculated correctly. After these funds were refunded then BF was making a loss on those fixed costs and could only re-sell goods held, never recovering the money spent on packing materials, customs, satchels which were divided between 38 originally.
Conclusion/Recommendation:
On successful delivery of front panels. I suggest that BlueFusion's first priority should be to collect funds from those who have purchased extras or have unpaid portions of their orders or direct the creditor who he would like funds paid to. I suggest these refunds are in order of largest to smallest creditor. As such DDW having paid for postage from his own pocket should be first on his list!
Following that I suggest that the amount outstanding for each individual is calculated as follows:
[no. of plugpacks ordered] * [quoted cost of plugpacks] - [additional distribution cost incurred to ship kits and panels separately]
Where:
[quoted cost of plugpacks] = $20 (this was not mentioned publicly but is the number used in BF's finances spreadsheet)
[additional distribution cost incurred to ship kits and panels separately] = 10.75 - 10.56 = $0.19 (stupidly small amount but hey, I'm being fair). This will only apply to those who had orders sent before Christmas by DDW.
Since BlueFusion has refused, ignored and avoided any discussion on further refunds we can only procede on this estimate.
EDIT: I have a draft letter of demand that we can use and I'm happy to share it with whoever ends up acting as representative of all involved. For this we will need to add the following details as a minimum for each person wishing to pursue a refund:
Name, ForumName, Address, Contact Number, OrderedItems, OutstandingItems, AgreedValueOwing
Ok I'm going to have a crack at summarising the finances.
1) I believe BlueFusion collected moneys from each individual that were sufficient to adequately cover the costs for components ordered by them.
1a) There is 2 exceptions to this rule by my calculations. By my estimate the cost of ianrt's ordered components exceded the amount paid by $7. By my estimate the cost of 'Things' ordered components exceded the amount paid by $2.75. Regarding 'Things' see below. Not a forum member, not distributed via DDW.
2) There are 2 orders listed by BlueFusion that are seemingly for people that are not members of this forum. Specifically these orders are for MoonShad0w and Things. In the absence of any better information the best I can do is assume that they are personal friends of BlueFusion OR worse case they are people that he had previously outstanding debts with. Point is without being able to identify these individuals there is no chance of knowing if they have contributed funds to the GB. Neither of these orders were distributed via DDW.
3) Additional items were purchased by BlueFusion which he purported were out of his own funds. I believe that these funds were actually borrowed from shipping/plugpack funds. This choice by BlueFusion doesn't absolve BlueFusions' responsibility to provide the kits to those who joined the GB. The point here is that we ordered specific items. We (the members of the GB) did not invest in a possibility to distribute additional goods via BF with 0 return.
4) Fixed portions of the distribution costs were not calculated correctly. After these funds were refunded then BF was making a loss on those fixed costs and could only re-sell goods held, never recovering the money spent on packing materials, customs, satchels which were divided between 38 originally.
Conclusion/Recommendation:
On successful delivery of front panels. I suggest that BlueFusion's first priority should be to collect funds from those who have purchased extras or have unpaid portions of their orders or direct the creditor who he would like funds paid to. I suggest these refunds are in order of largest to smallest creditor. As such DDW having paid for postage from his own pocket should be first on his list!
Following that I suggest that the amount outstanding for each individual is calculated as follows:
[no. of plugpacks ordered] * [quoted cost of plugpacks] - [additional distribution cost incurred to ship kits and panels separately]
Where:
[quoted cost of plugpacks] = $20 (this was not mentioned publicly but is the number used in BF's finances spreadsheet)
[additional distribution cost incurred to ship kits and panels separately] = 10.75 - 10.56 = $0.19 (stupidly small amount but hey, I'm being fair). This will only apply to those who had orders sent before Christmas by DDW.
Since BlueFusion has refused, ignored and avoided any discussion on further refunds we can only procede on this estimate.
EDIT: I have a draft letter of demand that we can use and I'm happy to share it with whoever ends up acting as representative of all involved. For this we will need to add the following details as a minimum for each person wishing to pursue a refund:
Name, ForumName, Address, Contact Number, OrderedItems, OutstandingItems, AgreedValueOwing
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Since I'm owed the most I am happy to take the lead with chasing up BF.
I will wait until the front panels have arrived and I have posted the remaining OS orders so we will have the most accurate information about the total cost of the GB.
Here's to a Happy 2012!
I will wait until the front panels have arrived and I have posted the remaining OS orders so we will have the most accurate information about the total cost of the GB.
Here's to a Happy 2012!
@dontdiewondering; Please include my missing (major) components in the list of unfullfilled promises...
@fordgtlover; PM replied to.
@tamu; I seem to have all the mosfets I need. Thank you for the offer.
@FREDtheDOG; I need some 4556s for sure. A PM is on the way.
@fordgtlover; PM replied to.
@tamu; I seem to have all the mosfets I need. Thank you for the offer.
@FREDtheDOG; I need some 4556s for sure. A PM is on the way.
OK so i have received my 2 kits, thanks BF & DDW.
Parts were complete, including the 1.0uF ceramics that others suggested were substituted, not sure what happened there lol
Received one extra jack.
Now i just need that F/P like everyone else.
Sqveak, it looks like you might be sorted, but if not, I have 1x 3.5mm jack and 8x NJM4556, pm if you need.
OK now for some eye candy...
LINK FOR HIGHER RES
Parts were complete, including the 1.0uF ceramics that others suggested were substituted, not sure what happened there lol
Received one extra jack.
Now i just need that F/P like everyone else.
Sqveak, it looks like you might be sorted, but if not, I have 1x 3.5mm jack and 8x NJM4556, pm if you need.
OK now for some eye candy...
An externally hosted image should be here but it was not working when we last tested it.
LINK FOR HIGHER RES
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