Legal Costs

When we get caught up in these scams, we know we are in the right and these perpetrators have committed blatant fraud in most cases, and we feel the Law is on our side and we will get Justice. The sad truth is, this is far from what will happen to you. 

We all think we are going to win, and it won’t cost us much, and that the other party will be paying us.

The ACCC is prosecuting these people and Companies – yes they are, but it will be another 12 months at least before they have finished which will be too late for all of us. Even if they win, we have to use the precedent they set to take our case to Court and win. 


How much do you realistically think it will cost you in Court??? 

If you go to the Local Court, and use your Local Solicitor, they will tell you how you are going to win and we will do this and that, but when push comes to shove, and you get to Court, your Solicitor will tell you it is in your best interests to settle with the Finance company. He will ask for $5000 - $10,000 for his part in getting you this far, and you may be able to bargain down the Finance company a few thousand dollars. 

Alternatively, you may proceed with Court action which will probably cost you $15,000 - $30,000 depending on how many adjournments, how far you want to take matters, and whether you also hire a Barrister. As there is no precedent set in these matters, the majority of times, you will lose the Court case, have to pay the settlement amount in full plus interest, plus Court costs and Legal Fees for the Finance Company. So let’s say your settlement amount was $20,000 (for $3000 worth of “Free Equipment”) plus $800 interest, plus $15,000 legal fees, plus $15,000 Legal Fees for the Finance Company, your total bill is now $50,800 for $3000 worth of “Free Equipment”. 


I am in the right !!! Why would I lose??? 

Unfortunately, the scams have been designed deliberately to trap us.

You signed 2 contracts – 1 for the telephone/equipment supplier and one for the Finance Company.

When the Telco goes belly up and you stop payment, the finance Company takes you to Court. 

The Telco and Equipment suppliers who committed the fraud don’t turn up in Court.

The Finance Company says they have nothing to do with the telephones, call credits or the equipment.

YOU signed a contract to say you would pay $500/month for 60 months and YOU have stopped paying. 

In most cases, the Judge sides with the Finance Company because you signed their contract agreeing to the payments.

It doesn’t matter how much fraud, or forged signatures were done by the Telco/Equipment supplier – this is a separate contract and you lose. 


How do I win ??? 

In a lot of cases, victims don’t even have a copy of the contract they signed and all the additional equipment that was added after they signed can’t be proven.

This makes it even harder to win. 

The only hope we have is to win in the Federal Court using Section 73 of the Trade Practises Act which links the Telco/Equipment Supplier (who have gone into liquidation) to the Finance Provider. The Breach of contract by the Telco flows onto the Finance Provider. 

There is no precedent set yet, but we have a trial date of May this year.

We need everyone to pitch in and help us raise at least $150,000 to fund this Court case.

Pam, who is our test case only owes $8000, but she is risking her house, her family and her business for ALL OF US, but we need at least $150,000 for her case to go through and have the best Legal Counsel available to win the case. Would you risk your house, family and business for $8000 ???  I know I wouldn’t !!!  Pam needs a medal for what she is doing, and she needs our Financial Help. If we can’t raise enough money, she will not have the best Legal Help, and if she loses, it doesn’t help you either !!! It is in YOUR best interest that Pam wins this case because there is NO RISK to you, your house, your Family or Your Business !!!


How much is this worth to you???

Someone else is taking the risk and stress for you so you can win !!!

Pam probably hasn’t even met you, but she is willing to risk everything to help you. 

The Membership Fees are going into the fighting fund to help Pam win her case, they will also help fund Private Investigations into the Directors of these fraudulent companies that did this to us. We are not making any profit out of this. We are all victims. This fund is to help us win and take revenge on these people.  

Remember, it will cost you at least $5000 to go to Court and lose.

Having this precedent will mean that you could go to the Local Court and win !!!

You could also use this precedent as a bargaining chip to settle without going to Court for a fraction of what the Finance companies want.

If we win well enough, get enough Media Coverage, pressure the Politicians and give the Finance Companies a bad reputation, they may even cancel the contracts. 

We will issue a Tax Invoice for all Subscriptions/Memberships and there will be a Forum set up on our website for paying members.

This will be used to unite in Finance company Groups, share costs, share evidence, be witnesses for each other, etc 


How much is this worth to you, your Family and your Business ???

The Membership amounts are voluntary and cater for the people who are struggling as well as the people who can afford more.

If you can be more generous than this, we will reach our target sooner, and we can get more experienced Legal help to ensure a great win in Court. 

Some businesses are in debt $30,000 and others $70,000 and some owe $150,000 and as high as $380,000.

If we can set a precedent which would allow you to win, and potentially claim compensation, think of how much it will save you, not just in a monetary sense, but think of the stress that it will save you, as someone else is taking the risk for you.


How much can you afford to help our cause ??? 

Can you afford not to help us ??? 

Remember, we will be supplying a tax invoice so you can claim this as a deduction through your company. 

We need a large chunk of funds by the end of January and we need the balance before the end of April as the Court case is set down for the beginning of May.

You can follow the progress of the Court case here: https://www.comcourts.gov.au/file/Federal/P/NSD637/2009/actions