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Jessica
Consultant
John Melis, Expert
Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
Concerning your important comments, what is the outcome you would like to see result.
John Melis, Expert
The New South Wales Civil Administrative Tribunal “NCAT” process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.
However, before raising a claiming in NCAT, you should file for mediation at Fair Trading, and if the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT.
In most cases at mediation the matter will settle.
The matter is Civil.
You will be the applicant and the insurer the respondent.
The important filing document is the points of claim. This document needs to be carefully drafted. I recommend that you download the application first, complete the same and then upload as required to commence the claim.
The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.
What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.
The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. I recommend that you download the application first, complete the same and then upload as required to commence the claim.
The following link will assist you further. http://www.ncat.nsw.gov.au
This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.
Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.
Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.
John Melis, Expert
I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.
John Melis, Expert
You are welcome, and thank you for supporting the community.
John Melis, Expert
What you can do is go to your local conveyancer or lawyer and they will be able to do a person search and get those details directly
John Melis, Expert
Lawyers have access to search facilities which they pay annual fees for that allows and to search individuals locations in this particular respect.
John Melis, Expert
As long as the lawyer has access to services such as SAI global and Infotrack They will be able to find out the relevant details
John Melis, Expert
should ask about those 2 services ?
ANSWER: yes you can
What type of lawyers would have that ?
ANSEWR: Any lawyer
Do you have a practice or are able to help me if of course I pay for it ?
ANSWER: I Suggest you use your local lawyer
Do you have access to such services ?
ANSWER: Yes I do but your local lawyer be more convenient to assist you on this very important matter
John Melis, Expert
If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.
John Melis, Expert
Thank you for reaching out today.
You have a legal right to protect your interests in this important situation.
I am a user like you in this chat forum to assist in your important question today.
Thank you kindly for rating me with 5 stars, which helps me support the community.
You can come back to this post any time to ask questions without additional charge.
I hope I have assisted with answering your important question today, and thank you for supporting the community.
John Melis, Expert
You are welcome, and thank you for supporting the community.