fox box left here since Mar08

**omega99** · 10-09-09, 05:59 PM

things must be getting tough, some goose from ####stel rang me up & wants the DS420NF NDS box back or "will charge you $350.00"

They left it here when I disconnected march 08.

I told the fellow to send someone around to pick it up "sorry can't do that, you can take it to the post office & send it back"

What do they expect me to do!! drop everything & make a 40km round trip so that they can have their junk back!!

**LeroyPatrol** · 10-09-09, 06:11 PM

they prob can't charge you after a specific time frame. Electricity bills can only be back dated 9 months. More than that and it's free.

Leroy

**SystemRat** · 10-09-09, 06:24 PM

I guess it comes down to what exactly is stated in the contract. I imagine it has stuff to the effect the box remains their property and that you must make reasonable efforts to safeguard the box from loss. I would see your dropping the box off at a post office as a courtesy and if your expected to pack it and pay for its postage as unreasonable.

I would be tempted to let them know both on the phone and in writing that you disconnected in march 2008 and had expected the box to be collected and that you would like them to collect it at a mutually convenient time after all they installed it on site in the first place and if they attempt to charge you $350.00 suggest to them you intend to take them to the small claims tribunal. Where unless there is a clause in the contract to say you must do other than make the box available for collection they will lose.

Only thing wrong with the small claims tribunal is they don't award costs and there is a lodgment fee of about $33.00 (in vic) Prior to the hearing they invite both parties to mediation and I doubt this would go that far.

They could simply send a courier to pick it up.

**pit5bul** · 10-09-09, 06:31 PM

not your fault they should organise a pickup

**omega99** · 10-09-09, 06:40 PM

Quote:

Originally Posted by pit5bul

not your fault they should organise a pickup

I agree totally, installed onsite they can pick it up from site!!

**loanrangiel** · 10-09-09, 06:46 PM

tried that on us last week, was sent a $300 bill for the set top box even though we had posted it with the label they gave us. then the knobs send me txt saying the bill hasnt been payed- yeah right, never gonna pay it.

**Sanity** · 10-09-09, 06:46 PM

Inform them that they have overdue storage charges due and payable in regards to you having to store their property since March 2008. Also advise them that unless the receiver is picked up within 28 days it will be removed from your property and on to the nature strip.

**omega99** · 10-09-09, 07:04 PM

Quote:

Originally Posted by Sanity

Inform them that they have overdue storage charges due and payable in regards to you having to store their property since March 2008. Also advise them that unless the receiver is picked up within 28 days it will be removed from your property and on to the nature strip.

spot on , hell space is at a premium here. I deserve some compensation for storing their junk!!

**SystemRat** · 10-09-09, 07:17 PM

Oh dear - Please bend over your screwed.

This contact was dated October 2008. The contract you signed "might" not contain this wording but it looks like its a trip to the post office for you.

Returning the Equipment

On termination for any reason you must follow any directions
we give you about the return or collection of the Equipment and Infrastructure we own.

What happens if you don’t return the Equipment

If you do not return the Equipment which you are required to return to us, we will charge you an unrecovered equipment fee as set out in the Pricing Guide.

When the Equipment is received, we will remove the unrecovered equipment fee from your account and give you a receipt. You should retain this receipt for 12 months and, if we ask for it, provide it to us as proof that you returned the Equipment, otherwise we may charge you the unrecovered equipment fee as set out in the Pricing Guide.

**bambbbam** · 10-09-09, 07:23 PM

Ask them for cabcharge vouchers to and from the post office.. that's a fair compromise.

**hillbilly** · 10-09-09, 07:40 PM

just don't pay, wait until debt collectors get involved (1-3 years from now) then agree to pay them $40 for there efforts

thats what happened with a pair of glasses I ordered and never saw, 2 years later I got a call from a debt collecting agency asking for the full amount, when you explain so much of your time has been taken up from the issue at hand you can settle on the cost to hire a debt collecting agency, usually $40 for the phone call.

**MyComputer** · 10-09-09, 07:48 PM

Quote:

Originally Posted by SystemRat

When the Equipment is received, we will remove the unrecovered equipment fee from your account and give you a receipt. You should retain this receipt for 12 months and, if we ask for it, provide it to us as proof that you returned the Equipment, otherwise we may charge you the unrecovered equipment fee as set out in the Pricing Guide.

Tell em you returned it in March 08 - and you kept the receipt for 12 months as requested - you only threw it out last week!

**omega99** · 10-09-09, 08:23 PM

Quote:

Originally Posted by MyComputer

Tell em you returned it in March 08 - and you kept the receipt for 12 months as requested - you only threw it out last week!

now that sounds like something I would do!! Just to piss them off as much as they have me

**Godzilla** · 10-09-09, 09:14 PM

If all else fails deliver it personally to head office via straight through their largest window.

(wishful thinking)

**moeee** · 10-09-09, 09:25 PM

So from March 2008 until now - NOTHING?
Then NOW they ring you up and want their box back, as though you still got it, with perhaps 2 hard rubbish collections gone since then?

Next time they contact you, tell them you ain't got it and to stop harrassing you and you will be writing letters to the local papers alerting potential customers of your plight and that they should beware of Foxtel Conditions.

**omega99** · 10-09-09, 10:04 PM

I suppose once you pay the bill, you would be accepting their terms & condition defacto, but they think this is going to be easy they have got another thing coming.

Yes I still have the box 18months later, I have shed full of junk

**ufosarereal** · 10-09-09, 10:20 PM

Quote:

Originally Posted by SystemRat

On termination for any reason you must follow any directions
we give you about the return or collection of the Equipment and Infrastructure we own.

Omega, if you're in Victoria the Fair Trading Act includes provisions relating to unfair terms in consumer contracts. It is, to my knowledge, the only State in Australia to have such provisions. The above clause would be "unfair" in my opinion because the term "you must follow any directions we give you" leaves entirely open the scope and limitations of those directions to the discretion of the contractor (them), to the potential detriment of the contractee (you). Under Common law, contracts must have a sense of negotiation. That clearly isn't present in such a broad statement. Also, "on termination [of your account] for any reason" it does not appear that FT gave you any instructions whatsoever until 19 months after said termination was already in effect. Whilst you may or may not have a receipt, a reasonable time, 12 months according to them, has already passed and it would be unreasonable for them to apply the above clause on the grounds that they forgot to ask!

UFO (NOT A LAWYER!)

**gordon_s1942** · 10-09-09, 10:43 PM

if you do decide to take it back, make sure you get a receipt from the Post office.
From those who have returned Austar box's, they told they just took it to the post office and handed it over, no bag, no stamps, no nothing and off it goes.
This may have changed now as this was quite awhile ago.

**urban_s0ulja** · 10-09-09, 10:46 PM

Quote:

Originally Posted by MyComputer

Tell em you returned it in March 08 - and you kept the receipt for 12 months as requested - you only threw it out last week!

best idea ive heard

keep us informed with how you go

**efab** · 10-09-09, 11:09 PM

I wonder what they do with all the ones that end up at the tip.
I have 2 here at home that i found there, 1 with a card and one without. never had foxtel and don't really intend to, got selectv.

These came from state housing residences so the people who rented the box rented, the house and have now moved on to some other abode, so i bet they never charged them for the missing boxes

10-09-09, 05:59 PM	#1 (permalink)
omega99 WOTEVA Join Date: Feb 2008 Posts: 399 Gameroom cash: $2125 Thanks: 36 Thanked 14 Times in 11 Posts Rep Power: 10	fox box left here since Mar08 things must be getting tough, some goose from ####stel rang me up & wants the DS420NF NDS box back or "will charge you $350.00" They left it here when I disconnected march 08. I told the fellow to send someone around to pick it up "sorry can't do that, you can take it to the post office & send it back" What do they expect me to do!! drop everything & make a 40km round trip so that they can have their junk back!! __________________ WOTEVA

10-09-09, 06:11 PM	#2
LeroyPatrol Premium Member Join Date: Jan 2008 Location: N.E. Vic Posts: 5,221 Gameroom cash: $5351 Thanks: 91 Thanked 433 Times in 261 Posts Rep Power: 120	they prob can't charge you after a specific time frame. Electricity bills can only be back dated 9 months. More than that and it's free. Leroy __________________ MEDIASTAR HD 1100S PVR / HDX 9100 PVR- $299 / $449 Update your old Aurora box to a HD PVR today Selectv Sub Cards - $39 or $29 for Premium Members inc. post with 1 month FREE!

10-09-09, 06:31 PM	#4
pit5bul Premium Member Join Date: Jan 2008 Location: Melbourne Posts: 292 Gameroom cash: $1645 Thanks: 21 Thanked 13 Times in 6 Posts Rep Power: 8	not your fault they should organise a pickup __________________ 2.3m motorized C-band mesh , 95 cm motorized Ku dish on a DM800 HD C-band : from Telstar 10 to Intelsat 2 Ku-band: fron NSS 6 to Intelsat 701 Last edited by pit5bul; 10-09-09 at 06:33 PM.

10-09-09, 07:23 PM	#10
bambbbam Schizoid Sausage Join Date: Sep 2008 Location: Republic of Westralia Posts: 1,051 Gameroom cash: $36422 Thanks: 99 Thanked 230 Times in 113 Posts Rep Power: 30	Ask them for cabcharge vouchers to and from the post office.. that's a fair compromise. __________________ "You know what I hate? Indian givers...no, I take that back."

10-09-09, 09:14 PM	#14
Godzilla Premium Member Join Date: Jul 2008 Location: Melbourne Posts: 4,347 Gameroom cash: $875686 Thanks: 1,599 Thanked 767 Times in 474 Posts Rep Power: 112	If all else fails deliver it personally to head office via straight through their largest window. (wishful thinking) __________________ Need Stock or Performance Car Parts? PM me with your request. Brakes, Exhausts, Suspension, Cold Air Intakes, Clutch Kits and more. Performance Car Parts Online Last edited by Godzilla; 10-09-09 at 09:16 PM.

10-09-09, 06:24 PM	#3
SystemRat I am NOT the Messiah! Join Date: Jan 2008 Posts: 1,508 Gameroom cash: $54984 Thanks: 110 Thanked 236 Times in 118 Posts Rep Power: 40	I guess it comes down to what exactly is stated in the contract. I imagine it has stuff to the effect the box remains their property and that you must make reasonable efforts to safeguard the box from loss. I would see your dropping the box off at a post office as a courtesy and if your expected to pack it and pay for its postage as unreasonable. I would be tempted to let them know both on the phone and in writing that you disconnected in march 2008 and had expected the box to be collected and that you would like them to collect it at a mutually convenient time after all they installed it on site in the first place and if they attempt to charge you $350.00 suggest to them you intend to take them to the small claims tribunal. Where unless there is a clause in the contract to say you must do other than make the box available for collection they will lose. Only thing wrong with the small claims tribunal is they don't award costs and there is a lodgment fee of about $33.00 (in vic) Prior to the hearing they invite both parties to mediation and I doubt this would go that far. They could simply send a courier to pick it up.

10-09-09, 06:46 PM	#6
loanrangiel Senior Member Join Date: Jun 2008 Location: Melbourne, NE. Posts: 529 Gameroom cash: $3364 Thanks: 17 Thanked 14 Times in 11 Posts Rep Power: 12	tried that on us last week, was sent a $300 bill for the set top box even though we had posted it with the label they gave us. then the knobs send me txt saying the bill hasnt been payed- yeah right, never gonna pay it.

10-09-09, 06:46 PM	#7
Sanity Super Moderator Join Date: Jan 2008 Location: Victoria Posts: 6,447 Gameroom cash: $97125 Thanks: 269 Thanked 969 Times in 432 Posts Rep Power: 25	Inform them that they have overdue storage charges due and payable in regards to you having to store their property since March 2008. Also advise them that unless the receiver is picked up within 28 days it will be removed from your property and on to the nature strip.

10-09-09, 07:17 PM	#9
SystemRat I am NOT the Messiah! Join Date: Jan 2008 Posts: 1,508 Gameroom cash: $54984 Thanks: 110 Thanked 236 Times in 118 Posts Rep Power: 40	Oh dear - Please bend over your screwed. This contact was dated October 2008. The contract you signed "might" not contain this wording but it looks like its a trip to the post office for you. Returning the Equipment On termination for any reason you must follow any directions we give you about the return or collection of the Equipment and Infrastructure we own. What happens if you don’t return the Equipment If you do not return the Equipment which you are required to return to us, we will charge you an unrecovered equipment fee as set out in the Pricing Guide. When the Equipment is received, we will remove the unrecovered equipment fee from your account and give you a receipt. You should retain this receipt for 12 months and, if we ask for it, provide it to us as proof that you returned the Equipment, otherwise we may charge you the unrecovered equipment fee as set out in the Pricing Guide.

10-09-09, 07:40 PM	#11
hillbilly Senior Member Join Date: Nov 2008 Posts: 425 Gameroom cash: $1825 Thanks: 24 Thanked 27 Times in 21 Posts Rep Power: 11	just don't pay, wait until debt collectors get involved (1-3 years from now) then agree to pay them $40 for there efforts thats what happened with a pair of glasses I ordered and never saw, 2 years later I got a call from a debt collecting agency asking for the full amount, when you explain so much of your time has been taken up from the issue at hand you can settle on the cost to hire a debt collecting agency, usually $40 for the phone call.

10-09-09, 09:25 PM	#15
moeee Senior Member Join Date: Jan 2008 Posts: 383 Gameroom cash: $1798 Thanks: 12 Thanked 14 Times in 9 Posts Rep Power: 10	So from March 2008 until now - NOTHING? Then NOW they ring you up and want their box back, as though you still got it, with perhaps 2 hard rubbish collections gone since then? Next time they contact you, tell them you ain't got it and to stop harrassing you and you will be writing letters to the local papers alerting potential customers of your plight and that they should beware of Foxtel Conditions.

10-09-09, 10:04 PM	#16
omega99 WOTEVA Join Date: Feb 2008 Posts: 399 Gameroom cash: $2125 Thanks: 36 Thanked 14 Times in 11 Posts Rep Power: 10	I suppose once you pay the bill, you would be accepting their terms & condition defacto, but they think this is going to be easy they have got another thing coming. Yes I still have the box 18months later, I have shed full of junk __________________ WOTEVA

10-09-09, 10:43 PM	#18
gordon_s1942 Senior Member Join Date: Jan 2008 Posts: 1,287 Gameroom cash: $6747 Thanks: 149 Thanked 123 Times in 79 Posts Rep Power: 31	if you do decide to take it back, make sure you get a receipt from the Post office. From those who have returned Austar box's, they told they just took it to the post office and handed it over, no bag, no stamps, no nothing and off it goes. This may have changed now as this was quite awhile ago.

10-09-09, 11:09 PM	#20
efab Senior Member Join Date: Jan 2008 Posts: 167 Gameroom cash: $2170 Thanks: 37 Thanked 12 Times in 7 Posts Rep Power: 6	I wonder what they do with all the ones that end up at the tip. I have 2 here at home that i found there, 1 with a card and one without. never had foxtel and don't really intend to, got selectv. These came from state housing residences so the people who rented the box rented, the house and have now moved on to some other abode, so i bet they never charged them for the missing boxes

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