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Posted

Folks,

 

I'm "stuck".

 

I loaned someon something last year. It was a LOAN.

 

Towards the end of the year, they tol me they were going away for "break". I asked when they would be back, and didn't get an answer.

 

6 months later I finally got in touch with them, and when they realised it was me, "the guns came out" and they pretty well read me the riot act.

 

Suffice to say they are not in Sydney any more - or so they say.

 

All I have is their name and phone number.

 

The legal system requires me to supply them with an ADDRESS before they will take action.

 

I seem to be at an impass how to get things to the next step.

 

Anyone?

 

 

Posted

I put a deposit on something and the bloke did not deliver.

 

I went to the cop shop and the young fella at the desk told me his address and "new" phone number.

 

Said it was "off the books" and wished me luck.....

 

Anyway....I recon a private detective company would get you the info very quickly....at a price of course.

 

 

Posted

Yeah alas no rego.

 

PD's are a bit extreme at this stage.

 

It is just weird that without an address, the legal system hasn't realised the problems with this "inter-web" thing yet.

 

People don't need to put addresses on their job applications, etc. it is all done via the web.

 

 

Posted

Umm, this may be too obvious, but have you looked in the white pages online? That would give maybe a few hits that you could follow up discreetly unless the person's name is John Smith. Then try the usual stuff like Facebook, linkedin or other social websites.

 

 

Posted
Indulge me:How does that work?

 

.

There would be a couple of hundred of them in Sydney, easy to find via Google. They all have different manner to do things from thuggery to pure legal depending on your requirements so it's hard to answer the question specifically.

 

I have seen a few results of people finding people via Facebook as Scott mentions.

 

 

Posted

Google the phone number; usually reverse or who called me will list name and address (some sites require facebook log in to get address); if so try white pages on line for name, for that number. Google maps for the address (street view to see the house). Use address to check electorate; Court house (not sure what that is in Sydney) to look at the electoral roll (a public document), no need to tell them why.

 

 

Posted

I have found a Facebook page and their details, but no address.

 

Like most people these days, the jobs/cred's/etc are ONLINE.

 

Applications etc are online.

 

So there is no address.

 

WRT electoral roll, I spoke to them and they told me I am not allowed to look up other people's names.

 

Also, they may not be in Sydney. Probably Melb'.

 

Nothing in/on white pages. They have a "pre-pay" mobile, so that is a long stretch.

 

Still sniffing, but the trail is kind of going stale.

 

 

Posted
Tried AEC just now and they don't want to know about it.

"PRIVACY".... (cough cough)

That doesn't sound right. The Electoral Roll is a publicly available document.

 

 

Posted
The Commonwealth Electoral Roll at any AEC office may help !

Bob

The Electoral mob changed the rules recently and you can't just search anyone anymore. If they ask, tell the person behind the desk you just want to make sure the miscreant was entitled to vote.

 

Alternative (or substituted) service may be the only option. Do they have parents, siblings, or children they could be expected to remain I contact with? Try calling employers in the relevant work area and check Facebook, Linked In and Twitter as well.

 

I managed to get alternative service on FaceBook a while back...about the only thing it has ever been good for.

 

Kaz

 

 

Posted

If you have an inclination towards making use of tools to accomplish the task of finding this person and mapping their online footprint

 

you should make use of Maltego (https://www.paterva.com/web6/products/maltego.php) this is a tool commonly used in the company vulnerability assessment

 

community to map the relationships and real world links between people and groups of people.

 

There is a community version of the tool available (no fee) that will assist in cutting down the time it takes to find that one connection that will lead

 

you to this miscreant

 

Good Luck

 

 

Posted

Update:

 

Rang a couple of companies. $$$$.

 

One did say that it COULD constitute THEFT and the police COULD be involved.

 

Speaking to the police, they say it is a CIVIL matter and don't want to know about it.

 

Legal aide need an address to send the "summons" to and can't act until I have an address.

 

So it would seem that there is a big loop hole in the system.

 

 

Posted
Update:

Rang a couple of companies. $$$$.

 

One did say that it COULD constitute THEFT and the police COULD be involved.

 

Speaking to the police, they say it is a CIVIL matter and don't want to know about it.

 

Legal aide need an address to send the "summons" to and can't act until I have an address.

 

So it would seem that there is a big loop hole in the system.

This seems to me that all the Australian "Grey Nomads" who have sold their house and travel the country in the motor homes are beyond the law. They don't have an address!

 

 

Posted

Not theft on your outline, but the civil cause of detinue or possibly conversion.

 

Theft is the unlawful appropriation of property belonging to another with the intention of permanently depriving the other of it.

 

You gave the article to the other party so their appropriation was not unlawful.

 

Think about the options for substituted service...family, workplace, social media...and then file a complaint in your lowest Court (Magistrates' Court in Victoria) and issue a summons. The Registry will help you find the forms if you can't access them online.

 

Ask the Registry how you can go about serving a summons by substituted service and completing the relevant affidavit of service. You will probably require the leave of the Court if you can't serve directly on the respondent.

 

You need to keep in mind the cost of litigating against the likelihood of getting your property back. You can sue for damages but he has to be able to pay. And you need to remember that, should you be unsuccessful in such a suit, you could be left with their bill, too.

 

Please do not treat the above as legal advice. It is nothing more than a personal opinion. If you require legal advice you should speak to a lawyer admitted to practice in your State or Territory.

 

Kaz

 

 

Posted

kaz,

 

Yes this has been explained to me, but "my side" of it is that I loaned them the item with the understanding it would be returned to me (not in 50 years).

 

The person had every chance to return the timer to me back in November, but didn't.

 

So they KNOWINGLY didn't return it, and when we spoke on the phone I didn't want to make a bad thing worse, so I didn't mention it at the time.

 

Legal aid say they can mediate the dispute (even over the phone) for FREE and it would be a sort of informal thing.

 

But they need an address.

 

To get an address, I need to make things somewhat formal and I really don't want to take it there.

 

However, if they keep playing this "game"/scenario towards me, I am left with fewer and fewer options.

 

So I just see it strange that even the system seems to want things to go down that route.

 

But thanks for the feedback.

 

 

Posted

Hello Flying Dog

 

Here is the low down on what you get from the free version of the tool

 

  • Not for commercial use!
     
  • Maximum of 12 results per transform
     
  • You need to register on our website to use the client
     
  • API keys expire every couple of days
     
  • Runs on a (slower) server that is shared with all community users
     
  • Communication between client as server is not encrypted
     
  • Not updated until the next major version (and we know there are some bugs)
     
  • No end user support – you are on your own..
     
  • No updates of transforms on server side
     
  • Can only discover from online Paterva servers
     
  • Paterva goes hungry..
     

 

I have highlighted the parts that are most pertinent to you!

 

All the rest is rather moot considering that you won't be running any industrial grade searches

 

through the system.

 

 

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