QLD Is the Situation a Civil Law or Criminal Law Matter?

[Tincsy]

My nephew purchased some furniture about 4 months ago and got it under finance through their house finance company.

One of the procedures for the in house finance was that in order for the furniture company to get paid, he had to give the furniture company a 4 digit PIN number which was supposed to be sent to his at the time. He didn’t have his phone on him and so they both agreed (him and the shopkeeper) that he would just message it to her when he got home.

He has gotten home, no message and by this time he’d forgotten about it. He never received the message and wasn’t asked by the furniture company for it. He started making his payments as normal to the finance company.

Now we find out several months later that they never actually charged him for the furniture.

Long story short but a shamozle happened between him and the furniture company during these months with faulty furniture and incorrect parts, etc. Will save the long winded story, but essentially, he is refusing to answer their calls (chasing the PIN number I assume). They didn’t realise until several months later and neither did he.

My question is... if he continues to ignore them and not give them the PIN number so they can get paid, would that be considered theft under criminal law or would it be a civil law matter where the furniture company take him to court?

Any help appreciated as I’m not sure what to do here since he is adamant he is not giving them the pin.

 

[Adam1user]

Not knowing the facts of the situation, but is there an invoice? Or other document to prove the sale of the furniture? If so, this is the sale supporting to the transaction, not paying is only a part of the transaction.

In my opinion, ignoring them is not the answer, this may put you on the bad side. The option is contact fair trading and explain the whole thing and get a better advice. If the products are not according to what was agreed then you have an option to get out of it legally.

 

[Rod]

Details matter a lot in these situations.

Certainly is a civil law matter at a minimum. May become criminal if he knowingly refuses to co-operate. It will depend on the attitude of the furniture people and police. Personally I don't think it is a good idea to rely on the goodwill of other people to not take criminal action against your nephew.

He may end up not paying and having furniture, or he could end up with a criminal record. Saving a few thousand is not worth the risk of a criminal record if he is interested in having decent jobs.