Small Claims Decisions

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SC-2017-004650 Small Claims Linda Cusmano Chris Austin Kate Campbell February 5, 2018
SC-2017-004650
CRT: $2,634.89 is amount currently owed for credit machine lease. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------$2700.00 $2,634.89 $0.00 $0.00 $0.00 $0.00 $2,634.89
Chris Austin I want Chris Austin to release me of this lease issue CRT: Cannot order the leasing company to do anything as they are not a party to this dispute. Chris Austin I want to ensure my credit bureau is not affected and if it has been, to be corrected. CRT: Cannot order the credit bureau to do anything as they are not a party to this dispute. Chris Austin I want to be ensured I am not going to be sued by NLS Leasing CRT: Cannot order the leasing company to do or not do anything as they are not a party to this dispute.
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ------------------------------------------------------------------------------$100.00 $100.00
$0.00 $0.00 % % $0.00 $0.00 $0.00 FOR CRT USE ONLY $0.00 $2,634.89
CRT Default Decision and Order The applicant(s) applied for small claims dispute resolution with the Civil Resolution Tribunal (CRT or tribunal) and requested a default decision and order of the tribunal. The following is the tribunals default Decision and Order. CRT DECISION Proof of Notice: 1. A respondent must respond to a Dispute Notice within 14daysof receiving the Dispute Notice, as indicated on the Dispute Response Formor as permitted by the tribunal. 2. Having reviewed the evidence, I am satisfied, on the balance of probabilities, that the respondent(s) received the Dispute Notice and did not respond to it by the deadline set out in the tribunals rules. Jurisdiction: 3. The tribunals jurisdiction is set out under sections 3.1 and 3.6 of the Civil Resolution Tribunal Act (Act). The applicable tribunal rules are those in place at the time the Dispute Notice is issued. 4. The tribunal will make a binding decision without the participation of the respondent(s). The tribunal will send the parties a copy of the final decision and order. 5. Under the Act and the tribunals rules, in resolving this dispute the tribunal may order a party to do or stop doing something, pay money or make an order that includes any terms or conditions the tribunal considers appropriate.
Decision: 6. In accordance with the Act and the tribunals rules, I findthe respondent(s) must pay the applicant(s)the monetary amountsas set out in the preceding pages. This amount is payable immediately. 7. I find the applicant(s) is entitled toany applicablepost-judgment interest, which is not included as part of the total orderamount. CRT ORDER Thefollowing tribunal order is made subject to thefollowingconditions being met: the deadlinefor makinga Notice of Objection under section 56.1(2)of the Act has expired(that deadline is28 days aftertheparty receivesthedecision), and the tribunal has advised the applicant(s)in writing that no Notice of Objection has been made. In accordance with the Act and the tribunals rules, further to thedecision set out above, I order the respondent(s)toimmediatelypay the applicant(s)the monetary orders set out in thepreceding pages. Theapplicant(s)is entitled to post-judgment interest. I also order that Chris Austn have LindaCusmanos nameremovedfrom the credit card machine lease, or return the credit card machine to the leasing company and end the lease.
11. Orders for financial compensation or enforced through the Provincial Court of British Columbia, so long as the principal value is within its jurisdiction under the Small Claims Act applicant(s) can enforce this final decision by filing in the Provincial Court of British Columbia a validated copy of this Order. Once filed, a tribunal order has the same force and effect as an order of the Provincial Court of British Columbia. Tribunal Member: Tribunal Member Signature: the return of personal property can be (currently $35,000). The Kate Campbell ____________________
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