I contacted you and stated my case yesterday evening, but when it came to attempting to pay the $8 fee, my credit card

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Customer:

My name is Dale ***. I contacted you and stated my case yesterday evening, but when it came to attempting to pay the $8 fee, my credit card was refused and there was no way that I could get back to inform you. This morning I will use my wife's card, which should go through OK.. JA: Have you talked to an Oklahoma lawyer about this? Customer: No. live in New Zealand. JA: What steps have you taken so far? Customer: I have discussed the case several times with my NZ solicitor, but I now owe her a $4000 fee for changing my will (Necessary as I changed titled ownership of my house to an ORA and this was a requirement.) I am reluctant to extend her largess any further until I can pay her account. My son has been avoiding any response to my correspondence, so two weeks ago I traveled to Cambridge to surprise him at work. However, he denied any further responsibility for the debt. JA: Anything else you want the Lawyer to know before I connect you? Customer: I have an excel spreadsheet summary of my financial case, which is available. However, it would appear that you are based in the US, even though I googled pro bono lawyers in Auckland NZ. In which case, is there any point in continue?

Answered by Chris The Lawyer in 3 hours 2 years ago

Chris The Lawyer

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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Chris The Lawyer, Expert

I am not sure exactly what you need – can you be more exact as to the questions you need answered? I wanted to assure you that I am a New Zealand based lawyer answering your questions from my office in Wellington

Customer

Thanks for your reply. I do not have speakers set up n this PC, so to call me you need to use cellphone to speak to me. My hearing is not the best either, so I tend to use mmy wife's smart phone, the number of which is 02*******.

Chris The Lawyer, Expert

Don't worry about the phone call – can you let me know the issues and we can exchange emails with the questions and answers

Customer

I initially wrote about my issues at some length, when I first applied to register, but I was stalled from progressing further, because your automatic payment system for the $8 would not recognize my credit card details, so I had to wait overnight until I could use my wife's card to pay. If you still have access to this, it would save us much time than if I have to repeat it.

Chris The Lawyer, Expert

Unfortunately that seems to have fallen off the system. There seem to be several different issues – something to do with your will and some change of ownership of your title to your house. There seems to be a suggestion that your son owes some money – you will need to explain more

Customer

The main issue relates to monies owed to me by my son and his refusal to complete the payment. My wife and I are both retired and living in a retirement home. We are not in a strong financial position and do not have the financial ability to use litigation in order to attempt to gain co-operation. I have the financial details on an excel spreadsheet, which I can send to you given your email address.
The issue of my will etc was only mentioned, because my reply to one of the earlier questions related to what help or actions I had taken to this point. I stated that I still owed my original solicitor $4000 for services related to having to change my will (selling up a titled property to move into a retirement village - ORA), so i didn't want to incur further debts with this company until I was able to settle my debt with them. To do this I need my son to pay me. Naturally, it is complex, but I am trying to be as simple as possible at this point.

Chris The Lawyer, Expert

How much does your son owe you? Is this an issue of refusing liability for the debt or inability to pay and therefore declining to cooperate?

Customer

The original debt was $89,500 going back to a agreement signed in 2002. Over the years and up to 2018 he has paid me a total of $85,219, leaving a balance of the principle of $4281. However, he contends that all of this is repayment of the principle and takes no account of the agreed interest, stretching no over 18 years. The original agreement was simple interest on the the amount loaned set at 2% less than the prevailing ANZ fixed bank rate.There was also a clause granting him an 18 months holiday from interest payments. When this period had elapsed, I reminded him that payments were now due, but he requested that everything be settled up in one go when the principle was eventually paid back. Because I knew that at that time he was struggling financially and with filial considerations to the fore, I reluctantly agreed. Now, I know that his wife has received a very large inheritance from her father's estate and so he can afford to pay,but this he flatly denies. I have to go out now, so will continue this conversation later!

Chris The Lawyer, Expert

One option may be to bring a claim in the Disputes Tribunal. I don't know how you are placed for going to the tribunal, but lawyers cannot appear for parties, and the tribunal referee will often work with the parties to achieve a settlement with an agreed payment date.

Customer

I suppose I need to know more bout the Disputes Tribunal. How can I find out more, especially about eligibility and potential expenses.

Chris The Lawyer, Expert

The key is telling the Tribunal that there is a dispute about liability rather than this being a debt. You can get the forms at your local court or online-there is a filing fee but that is all

Chris The Lawyer, Expert

https://www.disputestribunal.govt.nz/how-to-make-a-claim/

Customer

Hi Chris, I have collected Disputes Tribunal application forms from the local courthouse, but have yet to complete and send them. I am so grateful to you for sending me down this track, as I was not aware of its existence and nobody else has suggested it. I have no further questions about this issue at present, but may well do as events unfold. Thanks again. Regards
Dale.

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