[Emma Murphy]

Just wondering how most people would deal with this situation…

I have a company who declares they posted their cheque for full rates payment on 1/8/13, (they have screen shotted me their financial system) but we didn’t receive the cheque until 1/11/13, and subsequently charged them interest. The company has said “Please note any late record in your system is not our responsibility.” and wants the interest written off.

So is the delay in mail our responsibility ours or theirs?

[Robert Hay]

Hi Emma

Its their responsibilty to ensure rates are paid.
However under Section 567 it states:
The council may write off accrued interest on rates or charges payable by a person if, in its opinion:
(a) the person was unable to pay the rates or charges when they became due and payable for reasons beyond the person’s control, or
(b) the person is unable to pay the accrued interest for reasons beyond the person’s control, or
(c) payment of the accrued interest would cause the person hardship.

I think Section 567(a) may apply in this case.

Robert

[Michelle Jones]

On the Greater Taree City Council Rate Notice we have stated “Council does not accept responsibility for delays in the postal service.” I would have thought the Company would have some accountability as they would have an unpresented cheque showing on their bank account reconciliation and should have folowed up.

[John Towers]

Hi Emma,

I agree with both the above. Surely their bank rec told them it hadn’t been presented so why didn’t they follow it up? Also, I assume that they received various other correspondence between the two dates regarding the account so why didn’t they follow it up then. Also, Council would have various other methods of payment which they could have used.

JT

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