[Cindy Allan]

Morning All

Thoughts and advice on the below would be appreciated. Hopefully this does not become a regular occurrence across the state.

Overview
Property owned by husband and wife.

For the past two years the son has paid the rates (via bpay) and owners would like this to cease.

Son has made statements to his parents to the affect he has paid the rates and charges and he is now entitle to the land. (Possessory title not applicable at this stage) Threatening parents with legal action.

At no stage has he had authority to act on his parents behalf. He obtain the bpay details but taking the rate notices from his parents’ home.

Parents have always made payments at the office and so it’s easy to decipher who made payments.

Parents are happy for the payments made by the son be refunded. They will pay the rates for the past two years (immediately). This is being provided by the owner in writing

I don’t believe there is any issue with the refund however points of view and advice appreciated.

To cease the sons payments being applied to their property, have cloned the property which provides new assessment and bpay details.

Question
1. Any issues with refunding the son (non owner) for payments made on the property?

[Cherie Muir]

Wow, Cindy this is an interesting one.

I’m probably stating the obvious here so forgive me …. I’d check first to see if there has been a S.603 issued during the period that this has been going on. If so, I reckon you’re hands are tied re refunding.

Great that you were able to set up another account. If there hasn’t been a s.603, I’d issue notices for the new account (to the parents for the period this has been going on) showing them that the money is owed, before getting them to pay. I’d even a issue a declaration of category letter for the new account – if that is your practice – to ensure you’re covered.

I’d use the BPAY reversal process through the bank to refund the money on the old account but only after the parents’ money is cleared on the new account. The BPAY reversal process will ensure that the money goes back to the account of the payee – just in case there is something even shonkier going on in this case.

Your debt recovery agent might have a different insight on this altogether Cindy, especially if the child has commenced some kind of legal action.

Cherie

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