While the future of Bill Express remains unknown – the company extended its trading halt another five days today (groan) – the hunt for evidence and for people of interest by those behind several possible court and other actions continues.
Prior to joining the Board of the Australian Newsagents’ Federation in December 2003, I was provided Board minutes and papers for the previous year. This covers the period during which the Bill Express decision was taken. I have a dilemma around what I should or should not do with the information to which I am privy. In navigating my dilemma I need to consider my obligations to the “Company” as well as my obligations to its shareholders, newsagents. These considerations are complex for many reasons. I am certain that I am not the only former Director or officer of the Association with the same dilemma.
At least three legal briefs are being prepared around the issue of whether newsagents were deceived or misled into signing agreements for the Bill Express service and if so by whom. At least two Government agencies are asking questions of newsagents and others who may have evidence on which a case could be built. Three reporters are asking questions, two about the company and one about what due diligence was done (or not done) prior to the offer being put to newsagents in 2003. As I said, this is complex.
There should never have been anything that needs to now be hidden.
Maybe it should be suggested that a warrant be issued by an authority to obtain those records? They are company information, and if there is some clarity to be gained for the sake of the newsagents then that is what the damn federation was supposed to be working for! Aren’t the members entitled to the information that effects them from an organisation that they have paid fees to?
I am sorry I do not understand who this organisation thinks they are representing otherwise. Maybe the current board just needs to have open books this time?
Is this a big business screwing over a bunch of small businesses?
I think you need to seek legal advice as by the tone of your post you have concerns that you may be prosecuted for releasing information that was commercial in confidence.
It could be something that may be photocopied and accidentally left somewhere or sent somewhere. You are not the only person that would have this paperwork.
On what basis of that BXP set its rental for $550 five years ago. It’s the lawyer’s job to prepare a fair contract to prevent future dispute. Was the lawyer instructed to make the contract unfair at first place to cover its nasty guts.
People who promoted this contract should speak out whether they were instructed to mislead newsagents to sign up.
At end of the day, there will be two losers. One is BXP who has lost the trust for good. The other will be the newsagents. Whatever the result may be, they lost the money anyway.
Your competitor is going to beat you on bill express. They say they have met with them and have an announcement coming. People will switch to POS because you dont have bill express working on Tower
I don’t think Bill Express is going to be attractive to anyone. The only future I see is jail for some executives. There is so much money missing from the company the reputation will be so wrecked.
I don’t think this is a threat to Tower. I think more likely Tower would lose business if they were seen to be associated with this fiasco.
Clem I am shocked to read that POS is doing business with Bill Express. It is a gift.
Mark
PAUL
ANYONE THAT HAS SEEN TOWER IN USE WOULD NOT GO TO POS ANYWAY LET ALONE WANT TO BE WITH BILL EXPRESS .WHO ON EARTH WOULD SIGN UP WITH BILL EXPRESS AFTER ALL THAT HAS HAPPENED.
Tower should be laughing,
The people at POS must be mad to have anything to do with Bill Express,
There are not any agents that I know that would have anything to do with Bill Express EVER again !
I will sign up for the Bill express Pos solution version.
I think I will charge them $1000 per month inclusive of GST rental for using my machines and my staff to sell their products. What do they expect newsagents to pay them any more money, get real.
ANF HAS FINALLY RESPONDED.
“Legal action against Bill Express – Expressions of
Interest
The ANF has obtained legal advice as to legal remedies available against Bill Express in relation to its withdrawal of the marketing subsidy. The ANF is of the view that many members who are now out of pocket as a result of those actions will have a right to seek damages against Bill Express. The ANF wishes to provide assistance to its members to help them recover their losses.
The ANF is therefore calling for expressions of interest from members interested in initiating legal proceedings against Bill Express and is seeking a voluntary contribution of $200 from each member to contribute toward the overall costs of initiating a class action.
These funds will be held in trust by our legal representatives.
If the ANF receives sufficient membership support and funding, the ANF will assist with initiating and coordinating a class action on behalf of those members involved seeking compensation from Bill Express.
Please note that the ANF will not be able to assist newsagents in joining, funding and coordinating proceedings unless they are financial members of the ANF.
Should there be a surplus of unused funds, these will be redistributed to the participating members on a proportional basis.
Financial members who wish to take individual legal action against Bill Express will have the ANF’s legal advice with respect to Bill Express made available to members’ own legal counsel (on usual terms relating to legal privilege and confidentiality) within the next week
Why newsagents become a uncovered meat? There are a lot unsolved issue in this industry, such as the poor delivery fee and bill express issus. I guess we need a strong body to represent us. ANF didn’t do much as far as I am concerned.
Now it is time for ANF to prove itsefl . this time is not for money, but for your own reputation.
Helen, Given the role played by the ANF in promoting Bill Express, newsagents might be better served in accessing legal advice not connected with the organisation. Mark
I would say the same thing too.
If they are indeed interested in helping the newsagents, then they should cooperate and make available any information to other class action groups/individuals/ govt bodies who are making investigations now into the whole fiasco.
Albeit this could be detrimental to their own interests but they should right the wrong to make amends.
If indeed they still want to save their integrity………..
Helen I reckon they have legal advice that they have to put their obligations to the company ahead of their obligations to individual members o the company. But I am no lawyer. I cannot see why they would not have asked their actions to be investigated when seeking legal advice.
Doesn’t ANF owe anything to its members?
then I wonder what their angle of defence could be? if they seem to be able to start a class action on behalf of its members.
perhaps more so on the line that they have been hoodwinked by BillExp too???
my opinion is that it’s more a case of commercial value vs providing viable business proposition being the underlying factor to help promote BillExp in the first place.
I cannot wait to see how the whole thing unfolds.
it’s in the hands of the judiciary system and hopefully justice prevails.
Hi all,
Has anyone had thier final notice (for not paying the rodents) yet?
Roll on these court cases
Yes we have and will not pay it!
And may I add, we have sent them a bill for the money that they sucked out of our account before we froze the direct debit. I will be giving them a final notice soon.
i just wanted to know, are most people stopping the direct debits? and if you have, have you told the tec company to come and get the equipment?
Yes, we have packed the gear up and have stopped the direct debit. The company has not delivered what they advertise, therefore we will not pay. Not to mention it says no where they can take away the rebates without notice. They can sdend as many bills as they want and we will send our accounts back to them asking for monies that are owed to our business regarding the non payment of marketing rebates.
WE RANG BILL EXPRESS ABOUT GETTING OUT OF OUR CONTRACT FOR REASONS STATED BY THEM IN A LETTER WE RECEIVED BY THEM .WE GOT TOLD TO FAX A LETTER TO THE CORRECT DEPARTMENT . WE DID THIS AND SUPRISE SUPRISE WE HAVE NOT HEARD ANYTHING BACK FROM THEM SO THE NEXT STEP IS TO STOP THE PAYMENTS . THE ONLY THING THAT CONCERNS ME IS GETTING HIT BY A VERY LARGE BILL DOWN THE TRACK .SPOKE TO THE BANK ABOUT IT AND THEY SAID IT WOULD NOT BE A PROBLEM STOPPING IT JUST THAT I WOULD HAVE TO PAY A FEE FOR IT ,NOT THAT IT IS MUCH AT ALL BUT STILL MORE MONEY WASTED
As a victim of BXP scandal, I think when BXP proposed distributing its services through newsagencies platform five years ago, it was confident its business model would work and it would make a profit after the initial five-year loss. That’s why it borrowed millions of dollars to finance its lauching of the network. The tricky thing is, it also has deliberately designed a clause in the contract to prepare itself when things are not going the way as they want. When it turns out that the business still couldn’t break even after 5 years loss, it has to resort to the nasty clause in the contract and dragged the newsagents down. We become the victims of this failed BXP business. But as my fellow newsagents point out, does the BXP system worth $550 a month to pay off? No. The fair value of BXP system should be around $5000 total. (Big screen $2000, small screen $500, QBox $1000, IBM PC $1000, EFPOS terminal $500). So the newsagent should only pay $100 a month for its its fairvalue, not $550. The price of $550 a month rental is over-inflated for such a bloody system.
Hi Helen, Danni
Most people I know have stopped payment & boxed up the hardware. I’m starting to hear more cases of “final notices” arriving.
I wonder when Telstra & Vodaphone will pull the plug….
As much as I don’t want BXP top go under yet (it’ll make the court case more difficult),
I, like many, simply can’t afford to allow these amoeba to steal $550 PM from us. It’s more than just a matter of principle.
You can contact nana at
Phone: 02 9744 0400, Fax: 02 9744 0676 or Email: nana@nana.com.au. Newsagents Association of NSW & ACT Ltd Level 1, 36 Victoria Street, (PO Box 515 Burwood …
The fighting fund contribution is $495.00
This is paid into a trust account held by McNally’s Solicitors.
Any change will come back to us all.
I’m just waiting till there’s been a result in the court case.
Most people are quietly confident, but nothing is 100% guaranteed.
I’ve heard from a trustworthy source that McNally’s are a good firm. They have won several cases on behalf of newsagents.
They are also of good ethics, i.e. some lawyers will always tell you that your case is a strong one, then say “sorry about that, & here’s the bill” if they lose the case.
McNally’s are not like this. They will come right out and say ‘I don’t think it’s a strong case: do you still want to go ahead?’
In this case, they genuinely believe that the case is a strong one.
As for the ANF:
That last newsletter, a 4 page piece of work, was something to behold now wasn’t it?
I could see a wild moggy, with its leg caught in a gin trap. Hissing & spitting & growling; just knowing it could soon have its head clubbed & throat cut.
In it up to its eyeballs. I believe that when the truth comes out, it could spell the end. No wonder NANA wanted nothing to do with them.