Sids Dad Posted August 3, 2018 Share Posted August 3, 2018 (edited) We applied for our permanent residency as Contributing parents in 2007. To gain this we had to bond $14000 for ten years. At the time our son who was our only sibling, could not be our Assurance of Support as he did not have the required three years of employment as he was only working part time and preferred life on a boat. We therefore had to find another assurer who had to be an Australian citizen. After a lot of panicking due to the prospect of losing our application, he found a mate who would act as our AOS. This itself was problematic but he then got another friend who could make up the shortfall. we were relieved and thankful and I Sent $2000 to the principle AOS person and bought an expensive camera on our arrival for the second guy. As required our AOS has to open an account with the Commonwealth Bank and I sent the $14k. This is then tied to Centrelink as insurance for ten years that should we need assistance then this money would be drawn upon. Fast forward ten years and in January this year I received a short letter informing me that the ten year bond has now expired and if I needed any other info contact this number! I waited a few weeks and nothing transpired and as we had lost contact with the first assurer I contacted the second as we have remained in contact with as he is still a good friend of our sons. After further investigation we found that they had sent his letter to a ten year old address! Ok so now we are off and running I mailed him an online application form to fill in and send to release the funds. That was back in March, I tried ringing ( you have to hang on the phone for well over an hour) only to be told that they can only discuss this with the assurer. So after the first call that he got through on he was told it would be another eight weeks! That came and went and yesterday he got the bombshell! As he was not the principle assurer they cannot discuss it with him! Ok, I'm not panicking yet I thought, let's see if we can find my sons other mate whom he still had a phone number of. I eventually rang him and was very abrupt and quiet. I said have you received a letter regarding the AOS he said yes months ago. I said yeah that's the one it's to release my bond. What are you talking about? That money is mine! I cannot believe it I said your having a laugh aren't you, no he said, you said it was mine! No is said I actually sent you a mail thanking you and said you could have any interest accrued (.5%). I said I would gladly give up the money if he could send me any correspondence to that effect. He put the phone down on me. The lesson here folks is only take a stranger as your AOS if you are desperate, lesson two ask for TWO signatures on any withdrawal. I tried yesterday to find out if the funds have gone, first the Commonwealth Bank but due to privacy Laws they won't even tell me if it's been withdrawn. I'm now spitting bullets as I headed of to Centrelink. I got this pleasant lady on the phone who listened intently only to say although she had looked up my file number, details etc but was again unable to tell me anything and after twenty minutes decided to transfer my to the number that you hang on for over an hour! I eventually put the phone down and left disgusted. sorry that this is long winded but I think it's important that anyone who is in the process or are waiting for their bond to be released to be aware of what can happen. The whole process of receiving a letter of release does not give you any broader info other than its release due date. The whole Government process needs looking at and take it from me Centrelink do not have a clue about AOS and will pass you from pillar to post. its plain now that our $14k has been taken but the account was opened in his name so he is the only one anyone will deal with so I cannot see any way if revovering it. Edited August 3, 2018 by Sids Dad Spelling mistake and additional comment 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2018 Share Posted August 4, 2018 Were you advised by a registered migration agent about the technicalities of AoS and other possible pitfalls? Quote Link to comment Share on other sites More sharing options...
ali Posted August 4, 2018 Share Posted August 4, 2018 So sorry to hear this - any way you can take him to court to retrieve your money? 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 4, 2018 Share Posted August 4, 2018 I can understand how your determination to get the visa made you desperate. In a less panicked state, you would have thought twice about handing that money over to a stranger. Didn't you wonder why he would do this favour for someone he hardly knew? Thank you for posting here so others won't be tempted to make the same mistake. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2018 Share Posted August 4, 2018 There are commercial companies that that provide AoS bonds. They charge like wounded bulls, but at least you will not be robbed outright. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 4, 2018 Share Posted August 4, 2018 A real shame but I guess as it's them that are supposed to put the money up then you have no way of getting it back. Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted August 4, 2018 Share Posted August 4, 2018 A warning to everyone in a similar situation. Sorry to hear this has happened. Have you sought legal advice. You may have a case if you have evidence to prove the chain of events. Quote Link to comment Share on other sites More sharing options...
Sids Dad Posted August 4, 2018 Author Share Posted August 4, 2018 On 04/08/2018 at 10:25, wrussell said: Were you advised by a registered migration agent about the technicalities of AoS and other possible pitfalls? No, in fact it ended up a pure panic as my agent didn't realise that an AOS was even required! Everything was done in a blind panic as we were in danger of getting out application refused Quote Link to comment Share on other sites More sharing options...
Sids Dad Posted August 4, 2018 Author Share Posted August 4, 2018 5 hours ago, ali said: So sorry to hear this - any way you can take him to court to retrieve your money? No idea, this is still too fresh but I'm thinking it would proberbly cost me as much to do that? Quote Link to comment Share on other sites More sharing options...
Sids Dad Posted August 4, 2018 Author Share Posted August 4, 2018 4 hours ago, Marisawright said: I can understand how your determination to get the visa made you desperate. In a less panicked state, you would have thought twice about handing that money over to a stranger. Didn't you wonder why he would do this favour for someone he hardly knew? Thank you for posting here so others won't be tempted to make the same mistake. Yeah, hindsight is a great thing, it was ten years ago and yes we were in a panicky state, I even sent him $2000 for his efforts! he now says I told him the money was his! Now if that was the case and he ripped the money out as soon as possible last October, he would have contacted us to say thank you very much? The guys a crook and he has ripped us off Quote Link to comment Share on other sites More sharing options...
Sids Dad Posted August 4, 2018 Author Share Posted August 4, 2018 4 hours ago, wrussell said: There are commercial companies that that provide AoS bonds. They charge like wounded bulls, but at least you will not be robbed outright. Yeah, we did get as far as a company to provide AOS and they wanted $18000 to do it! When we had the offer from our sons pal we jumped at it. I'm not sure anyone else wouldn't do the same. It has turned out bad but on the bright side we live near Byron Bay and although we have lost a significant amount of money and our dreams of travelling around Australia we count ourselves lucky that we are upright and breathing! Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 4, 2018 Share Posted August 4, 2018 (edited) 1 hour ago, Sids Dad said: No idea, this is still too fresh but I'm thinking it would proberbly cost me as much to do that? The problem would be proving it, I think. What documentation do you have? The thing is, I know a lot of parents send their assurer the money to put in the account, but officially it's supposed to be the Assurer's money. The fact is that you handed over the money for him to put in a bank account means you effectively gifted it to him, and unless you signed an agreement to indicate it was a loan, you haven't got enough to stand on to take it to court. Edited August 4, 2018 by Marisawright Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 5, 2018 Share Posted August 5, 2018 Oh @Sids Dad I am absolutely gutted for you. As if the process isn’t stressful enough. Do you have ANYTHING at all in writing, emails, text messages etc of this agreement when you first ever set it up and his agreement? ‘I think you would win in court to get your money back but like you said it could be expensive to pursue and at the end of the day it sounds like he probably won’t be able to pay you back, and you may have to make an arrangement of ex amount a week. Please consider having a chat with legal aid and maybe QCAT if your in Queensland http://www.legalaid.qld.gov.au/Find-legal-information/Work-and-money/Money-and-debt/Someone-owes-me-money Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 5, 2018 Share Posted August 5, 2018 I just saw you are in NSW try these http://www.localcourt.justice.nsw.gov.au/Documents/Facts Sheets/Does someone owe you money - Fact Sheet.doc Quote Link to comment Share on other sites More sharing options...
Sids Dad Posted August 5, 2018 Author Share Posted August 5, 2018 I have an old e-mail that says that Im giving him $2000 for agreeing to be my assurer and at the end of ten years he can also have the interest. ironically he didn't make the income criteria and I had to scramble to get another assurer to make up the shortfall which turned out that he could have done it himself and I wouldn't have needed this cretin at all. What saddens me is that because he was still the prime assurer he was sent a letter of impending release of the bond more than two months before we did. I dont even think that our second insurer got a letter or if he did it must have gone to his address of some ten years ago. We feel that we would have been ok if all parties had to sign for its release. Unfortunately that's not the case and he has robbed two pensioners of money we badly needed. I can only chase this so far but as some of the comments say, technically it was he who owned the account. I now have found out his place of work and if all is lost then I can at least will name and shame him on here and social media. Won't made a lot of difference but as least it will make me feel a little better. Quote Link to comment Share on other sites More sharing options...
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