Stuart Stone
Gail Marie, we have a thing in our criminal clubhouse rules called 'Unwarranted Demand with Menaces':
The Australian Criminal Code 1995, Section 138 specifically outlines the liability associated with making continued demands, now that this information has been brought to your attention:
138.1 Unwarranted demand with menaces (1) For the purposes of this Part, a person (the first person) makes an unwarranted demand with menaces of another person if, and only if: (a) the first person makes a demand with menaces of the other person; and (b) the first person does not believe that he or she has reasonable grounds for making the demand; and (c) the first person does not reasonably believe that the use of the menaces is a proper means of reinforcing the demand. (2) This Part applies to a demand whether or not it is for property. (3) This Part applies to a demand with menaces, whether or not the menaces relate to conduct to be engaged in by the person making the demand. 138.2 Menaces (1) For the purposes of this Part, menaces includes: (a) a threat (whether express or implied) of conduct that is detrimental or unpleasant to another person; or (b) a general threat of detrimental or unpleasant conduct that is implied because of the status, office or position of the maker of the threat. Threat against an individual (2) For the purposes of this Part, a threat against an individual is taken not to be menaces unless: (a) both: (i) the threat would be likely to cause the individual to act unwillingly; and (ii) the maker of the threat is aware of the vulnerability of the individual to the threat; or (b) the threat would be likely to cause a person of normal stability and courage to act unwillingly.
I add this with any competed Bill of Exchange, along with the relevant instructions in accordance with the Bills of Exchange Act, specifically Section 96 & Section 50 from the Australian Act (Section 84 in Canada I think):
96 Good faith A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly, whether it is done negligently or not.
50 Rules as to presentment for payment (1) Subject to the provisions of this Act, a bill must be duly presented for payment. If it be not so presented, the drawer and indorsers shall be discharged. (2) A bill is duly presented for payment which is presented in accordance with the following rules: (d) A bill is presented at the proper place: (i) where a place of payment is specified in the bill and the bill is there presented;
Once forewarned, any further attempts at collection/demands/threats of court action/cutting supply etc would probably fall under the heading 'unwarranted demands with menaces', which is considered a criminal act.
In short, you have acted in good faith, the duty is theirs to present the completed bill (which they commenced) for payment, and continuing to demand/threaten/coerce without and/or in spite of doing due diligence as to the validity of the information you have provided to them, is most likely a criminal act on their part.
So, tell them to bugger off and restore the person's service, or face the consequences of their actions.