APW Australia Portfolio Wines

This is a discussion on APW Australia Portfolio Wines within the Brokerages forums, part of the Commercial category; Originally Posted by Stormfront Welcome Vicboner. It's coming up to the end of year when Cellar Link will hit their ...

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Old Nov 30, 2011, 3:45pm   #71
Joined Jul 2011
Re: cellar link

Quote:
Originally Posted by Stormfront View Post
Welcome Vicboner.

It's coming up to the end of year when Cellar Link will hit their clients with the annual storage/module fees again. Is everyone who are going to continue paying still in Module E?

Stormfront
Hi Stormfront,

Unless you're lucky enough to be able to arrange for picking up the wines from cellar link London (while you live in Australia), in my opinion your best bet is to walk away from the wines. That's what I did end of last year, as I don't see any other way to exit from cellar link. Unless you want to pay the high price to have the wines send back from London to Australia, which I don't think it's worth it.

Anyway you've fully paid cellar link until the end of this year, so by not paying, cellar link theoretically will clear off your wine with no reserve within 6 weeks. So you shouldn't have any debt to cellar link.

But maybe someone else has a better suggestion?
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Old Dec 1, 2011, 12:17am   #72
 
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Joined Nov 2011
Re: cellar link

Quote:
Originally Posted by victorious View Post
Hi Stormfront,

Unless you're lucky enough to be able to arrange for picking up the wines from cellar link London (while you live in Australia), in my opinion your best bet is to walk away from the wines. That's what I did end of last year, as I don't see any other way to exit from cellar link. Unless you want to pay the high price to have the wines send back from London to Australia, which I don't think it's worth it.

Anyway you've fully paid cellar link until the end of this year, so by not paying, cellar link theoretically will clear off your wine with no reserve within 6 weeks. So you shouldn't have any debt to cellar link.

But maybe someone else has a better suggestion?
Bringing the wine back into the country would also attract taxes (WET and GST). Approx 41% of the value - the value is what you paid for the wine. You should have also received a rebate for these taxes when the wine left the country.
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Old Dec 7, 2011, 1:56pm   #73
Joined Sep 2011
Re: cellar link

Quote:
Originally Posted by victorious View Post
Hi Stormfront,

Unless you're lucky enough to be able to arrange for picking up the wines from cellar link London (while you live in Australia), in my opinion your best bet is to walk away from the wines. That's what I did end of last year, as I don't see any other way to exit from cellar link. Unless you want to pay the high price to have the wines send back from London to Australia, which I don't think it's worth it.

Anyway you've fully paid cellar link until the end of this year, so by not paying, cellar link theoretically will clear off your wine with no reserve within 6 weeks. So you shouldn't have any debt to cellar link.

But maybe someone else has a better suggestion?
Not quite true Victorious.

APB and consequently cellarlink will not do that as they have you in a bind. As we are now finding out they will not sell any wine (If it exists)to cover outstanding fees.

We know in my case they have now lodged a claim in the smalls claims court of NSW knowing that there is no way we can prove that the wine exists. If the fees outstanding are greater than that owed. (which they can make sure by just not selling the wine so that the amount owed grows). Even if you paid the fees owed they can still continue to charge you fees. How do you get your wine out if it is supposedly in Glasgow.

APW who initially set this up were quite canny creating this.

In essence you cannot forfeit your wine if they will not sell it even if it say they can do this in their rules.

Wilf.
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Old Dec 7, 2011, 2:17pm   #74
Joined Oct 2006
Re: cellar link

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Originally Posted by wstaton View Post
Not quite true Victorious.

APB and consequently cellarlink will not do that as they have you in a bind. As we are now finding out they will not sell any wine (If it exists)to cover outstanding fees.

We know in my case they have now lodged a claim in the smalls claims court of NSW knowing that there is no way we can prove that the wine exists. If the fees outstanding are greater than that owed. (which they can make sure by just not selling the wine so that the amount owed grows). Even if you paid the fees owed they can still continue to charge you fees. How do you get your wine out if it is supposedly in Glasgow.

APW who initially set this up were quite canny creating this.

In essence you cannot forfeit your wine if they will not sell it even if it say they can do this in their rules.

Wilf.
But what is there to stop you turning up in Glasgow and taking your wine (apart from logistics and the fact that it might not exist)?
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Old Dec 7, 2011, 2:23pm   #75
Joined Sep 2011
Re: APW Australia Portfolio Wines

To Continue the saga.

I have received from the local court of NSW a Notice Of Listing - Pre Trial review.

(Does this make me a criminal certainly sounds it).

It says It is in my interest to attend for the review. If I am not present my defence may be struck out or other orders may be made detrimental to my case.

Now this is interesting.

The Local Court where all this is happening is in Sydney.

I am in Melbourne 800km away.

So what do I do. I cannot afford to go there.

Ofter reading a practice Note 2/2005 that they mentioned that I found no longer exists as it has been superseded by another 8 months ago. After a long time prowling around their website I final found it at:

http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/vwFiles/PNCiv1.pdf/$file/PNCiv1.pdf

In it I found that I was able to apply for the case to be moved as I am over 100km away from the local court.

Here is the relevant section.
-----------------------------------------------------------------------------------------
11. Change of Venue
11.1 Unless the Court grants leave, a notice of motion seeking a change of venue under Part
8 of the UCPR is to be filed at the same time as the filing of the defence.
11.2 The motion is to specify the venue to which the applicant seeks the proceedings to be
changed and is to be supported by an affidavit addressing the matters contained in
UCPR r 8.2 and identifying the reasons upon which the applicant relies for the change of
the venue.
11.3 An application to change the venue to another court less than 100 kilometres from the
originating venue will not be granted unless exceptional circumstances are demonstrated.
11.4 The registrar will list the proceedings for either Pre-trial Review of Call-over within six
weeks. The registrar will send a notice of listing together with a copy of notice of motion
to change venue and the defence to all other active parties.
11.5 If the respondent objects to the change of venue the respondent may, within 14 days
from the date that the notice of listing was sent, file and serve an affidavit in response
outlining the reasons why the venue should not be changed.
11.6 Unless the court otherwise orders, a motion for change of venue will be determined by
any Magistrate or, where the proceedings are in the Small Claims Division, by a
Magistrate or Assessor after the lapse of 14 days from the date that the notice of listing.
----------------------------------------------------------------------------------------------

So if anyone else is caught up in a similar situation note this.

I will put in the paperwork even though it is too late and see what happens.

Wilf.
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Old Dec 7, 2011, 3:13pm   #76
Joined Sep 2011
Re: cellar link

Quote:
Originally Posted by pboyles View Post
But what is there to stop you turning up in Glasgow and taking your wine (apart from logistics and the fact that it might not exist)?
The logistic are part of the problem. We in Australia are the 17000 kilometres to Glasgow. The cost of this is probably more than the wine is worth.
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Old Dec 7, 2011, 3:21pm   #77
Joined Oct 2006
Re: cellar link

Quote:
Originally Posted by wstaton View Post
The logistic are part of the problem. We in Australia are the 17000 kilometres to Glasgow. The cost of this is probably more than the wine is worth.
I'm not suggesting you fly there, get someone to do it for you.
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