Cheated by a Recruitment Agent

Super8Tab on 22/07/2015 - 21:50
Last edited 22/07/2015 - 22:15

Hi Ozbargainers,

I have a recent dilemma and wanted hear people's opinions. About a year ago I was looking for a change of jobs and while searching I found this ad with an agent claiming to be a member of a big recruitment agency (I thought they were legitimate, website & 1300 number) who promised he would get me job in my field that i'm comfortable with, and promised if I got the job full time there would be a $1500 finders fee reward (This reward was stated in the ad I applied to).

Back then I thought i've got nothing to lose I'll go for the interviews and choose the job I wanted, and may get a bonus as well right? So I went through the job choice process and interviews, in doing so I noticed that the agent kept pushing for one job saying it has good prospects and would match me so I checked it out (The job was actually alright in his defence) and took it and signed the offer letter, the agent congratulated me and said the payment will be with me within few weeks.

Fast forward a few months and there was no contact with him, I thought he might wait for the probationary period end before the payment so I just waited a while but then I lost patience and called him to enquire, and he said he forgot about me as he has been going through issues and is unable to pay and provide a payment date. I gave him the benefit of doubt but I was annoyed when I later learned he got a big commission from my work (~15k) yet he says he can't pay my reward.

I called the main agency who told me he's a self-employed agent under their flag, so not technically working with them atm (That didn't click with me) and they said to contact him directly for any queries, and of course he would cry wolf and says he can't send the payment (it's been 12 months without outcome).

The ad link is still up and i took screenshots of it just in case he takes it out, who knows he might be scamming other people as I write this. I am usually a healthy person but I took several sick days of work and talked to my doctor about how much stress being cheated on is causing me and I even have a report from my doctor about this issue.

This problem is really annoying me, $1500 is not exactly pocket change. I talked to my wife and close friend and they told to forget about it as this is typical bait-and-switch behaviour by recruitment agents and If I go to lawyer/court I will probably end up paying double that amount, but i'm not willing to let it go and want to explore my options as I want to approach it in a sensible way.

TL;DR: Recruitment agent stated a reward for getting the job, got the job and It's been 12 months and I still have no reward. What do?

Should I file a police report? Does that make a difference?

Do lawyers really cost that much ? what about the no win-no fee ones? Can I actually go to court and defend myself?

Your opinions would be appreciated.

Poll Options

  • 95
    Fight For Your Right
  • 29
    Tough Luck - Forget about it and Move on
Education & Work

Comments

  • [Deactivated] on 22/07/2015 - 22:10
    +14

    They're all the same. I put them up there with letting agents and car salesmen…..dirty, robbing bastards.

    I'm not sure what the course of legal action is but I'm sure there's a case against him. Oh, and it's probationary period ;)

    • Super8Tab on 22/07/2015 - 22:25

      Sadly agree. I thought his reputation is on the line and he should fulfil his promise, but i really want to know if there is some organisation/body/court that I could complain to.

    • QuickToThePointless on 23/07/2015 - 13:23
      +21

      Buy a cheap glove from one of the staples posts and demand satisfaction

      • Rick Sanchez on 24/07/2015 - 17:26
        +2

        Thank you so much. Never stop

        • QuickToThePointless on 24/07/2015 - 17:32
          +1

          Ill keep it up as long as those ridiculous glove deals keep coming

  • [Deactivated] on 22/07/2015 - 22:33
    +1

    I'm sure they're regulated by some independent body or code of conduct? There has to be someone who you can call who can put the squeeze on him……..legally I mean.

  • mizzkitty on 22/07/2015 - 22:35
    +4

    Try consumer affairs, ACCC,maybe VCAT too… Show them the ad.

    • Super8Tab on 22/07/2015 - 23:15

      Thanks I just submitted enquires to the ACCC and consumers affairs, will let you know the outcome.

      • Davo1111 on 23/07/2015 - 01:32
        +3

        ACCC doesn't do anything, consumer affairs will advise/help.

        VCAT will probably be the likely result

        • Super8Tab on 23/07/2015 - 21:28

          Yes i'm guessing VCAT will be the way only if the agent can be responsible for my legal fees.

          Consumers affairs said they assigned me a case officer and it will take a week before response.

      • John Dough on 25/07/2015 - 07:54

        The trouble is, even if VCAT rules that you are entitled to your money, and he still wont pay, they don't enforce the ruling.
        You then have to go through the magistrates court and have it enforced at your cost.
        It will cost you more than $1500 to do so, and this guy knows it. If you keep pressing he will just agree to pay every time, then fail, and you are back to square one (unless the judge can garnish his wages - which is doubtful as he is probably self employed)
        It's a bitter pill to swallow, I was cheated out of $7500 (you can search and read my story on OzB)
        Trust me, live life, learn the lesson not to trust anyone you don't know and move on.

        You are not getting your money.

        Edit: Oh and I would definitely name and shame here and hope it costs him well more than the money he owes you.

    • Super8Tab on 22/07/2015 - 23:13
      +8

      Hi, I'm in a high demand skilled field and already had offers regardless of this agent's help, I thought the reward would be a bonus on a job I already preferred.

      Like I said he got a nice commission from my work for offering me a full time job (that's how agents work) so i expect that he would fulfil his stated promise.

      I cannot upload the ad since it has his personal details, I want to approach the situation sensibly.

      • Logical on 22/07/2015 - 23:56
        -3

        the last recruiter that scored me a job got just over $20K. I didn't need a reward. just blank out the private details as I really want to see this advert. And P.S. Yes, lawyers do cost that much (referring to your original post)

      • Donaldhump on 23/07/2015 - 17:17
        -1

        ur in a high skilled field and ur worried about 1.5k? if ur in a high skilled field im asusming ur income is 100k ? maybe 150k, we are talking 1.5%….
        forget it and move on… hardly devastating.

        • [Deactivated] on 23/07/2015 - 20:28
          +2

          I don't think anyone working a job outside of CIO/CEO level is not worried about a "free" 1.5k that they were expecting to receive.

        • Super8Tab on 23/07/2015 - 21:30
          +12

          1.5k is 5 weeks rent for me, it's not exactly pocket change.

          And if you think 1.5k is nothing why are you on ozbargain ?

        • Donaldhump on 23/07/2015 - 23:01
          +7

          @Super8Tab: i dont, but i wouldnt let it stress me out for 12 months….comes a point in time where its causing more damage mentally.

        • Donaldhump on 23/07/2015 - 23:01

          @Super8Tab: 300 a week id like to know where that is

        • This Guy on 24/07/2015 - 00:54
          +5

          @unclesnake:

          How is an internet stranger's location and living conditions any of our business?

        • Donaldhump on 24/07/2015 - 01:25
          +1

          @This Guy: there not, im simply looking for information on cheaper suburbs…as im not familiar … and i never made any umm suggestion the living conditions were bad, looks like u are… and for the record they disclosed their rent to me so doesnt seem unfair to ask… chill out ffs

        • This Guy on 24/07/2015 - 03:16
          +2

          @unclesnake:

          OP could be 'house' sharing in a city centre or renting a rural house.

          OP could be a Sydneysider that signed their lease a few years ago so hasn't had to worry about the stupidly high rates that people moving into the region are charged.

          Location give's part of the OP's identity away as well as living conditions.

        • Donaldhump on 24/07/2015 - 05:58

          @This Guy: relax mate merely looking for advice on cheap suburbs to rent … u keep harping on about their living conditions, I've never once mentioned it… seems u must live on one… for the record I live on gold coasts worst caravan park.. who cares

    • BigTed on 23/07/2015 - 00:26
      +33

      It is totally not about getting something extra other than a job.
      It is about a person being held to their promise.
      The recruiter didn't have to promise to pay him a finders fee - but he did, so he should pay it.

      • [Deactivated] on 23/07/2015 - 02:10
        +6

        Absolutely, I'm glad that someone else gets it. All this holier than thou, 'your reward was a job' bullshit just doesn't wash. I'm sure they'd chase any money they'd been promised too.

        • Logical on 23/07/2015 - 09:52
          +1

          have you see the advert? no? well how do you know what it says re: finders fee?

        • [Deactivated] on 23/07/2015 - 10:05
          +4

          @Logical:

          I could ask the same question of you. Have you seen it?

          Why would I assume the guy is talking shit?

        • Logical on 23/07/2015 - 10:17
          -6

          @Mattress: We have to look at what constitutes a contract, what are the binding terms. The only thing we have here is the term "finders fee". As 'you' can not find yourself then 'you' can not be entitled to a finders fee as such. I'd love to see the advert as it is the only contract that we can assess for any breach by any of the parties.

        • [Deactivated] on 23/07/2015 - 10:32
          +3

          @Logical:

          The guy was promised money….the agent has since avoided him and seemingly doesn't want to pay what he had earlier promised. I hope for his sake that he has something in writing because otherwise the claim is dead in the water, I understand.

          He's simply chasing what he feels he was promised and therefore owed, regardless of the situation - getting a FT job.

          I really don't get what your beef is. Especially the ridicule about taking it to the top. It makes you look an ass and a defender of those with a lack of moral compass. I suppose in these days of 'me, me, me' that's acceptable to some but it as sure as hell isn't to me.

        • Logical on 23/07/2015 - 11:31
          -3

          @Mattress: my beef comes from cattle.

      • Logical on 23/07/2015 - 09:53
        -1

        have you see the advert? no? well how do you know what it says re: finders fee?

  • [Deactivated] on 22/07/2015 - 23:22
    +1

    Bikies or ACA

  • eatwell365 on 22/07/2015 - 23:49
    +2

    Fake agent?

    • Super8Tab on 22/07/2015 - 23:52

      I doubt it otherwise my company wouldn't have paid him that much, and his alleged company confirmed he's working under them but he's self-employed (I still don't know what that means).

      He just thinks he can run away with it because that amount of money won't matter to me presumably.

      • Logical on 23/07/2015 - 00:03
        +7

        If your company finds out that you will get a $1,500 fee from the recruiter directly then I am sure they will see it as a scam, as that is what it looks like in your situation. A finders fee is generally when you will 'find' or recommend a friend to the recruiter for a specific position that they want to fill then you may be entitled to the finders fee. You don't get a finders fee for finding yourself.

        • eatwell365 on 23/07/2015 - 00:14
          +3

          Good point re finder fee. Also, after tax, it is more like $750, not $1500. Hope you feel better.

        • Super8Tab on 23/07/2015 - 00:28

          I applied through a platform that allowed self-referral and it's a valid method according to the platform and the agent himself, so there is no dispute about the legitimacy of the actual payment.

          I am considering telling my company about the situation but not sure how it will help get the reward through, just create some uneasiness i believe.

        • Logical on 23/07/2015 - 09:56
          -7

          @Super8Tab: Yes please do tell your current employer about this. Also, you need to take this to the High Court of Australia. We need you to fight this all the way! Please keep us posted on your progress :-)

        • spackbace on 23/07/2015 - 10:43
          +9

          @Super8Tab:

          I am considering telling my company about the situation but not sure how it will help get the reward through, just create some uneasiness i believe

          Conversation with boss:
          You: "Hey boss, I only chose your position because this recruiter guaranteed me an extra $1500 payment, despite the generous salary you were offering, and despite the countless job offers I had on the table"
          Boss: "Get out"

          I dunno how you see that going for you?! Your workplace should absolutely not know that you chose the position based on a $1500 payment, which if you're in "a high demand skilled field" then salary should be upwards of what, $80k? $1500 is a drop in the ocean and not worth aggravating your boss over.

        • Super8Tab on 23/07/2015 - 21:33

          @Spackbace: agreed, I am not considering bothering my boss about it I would rather be responsible and handle it myself.

  • eatwell365 on 23/07/2015 - 00:07
    +14

    Not a legal person here. My logic would say
    File a letter of demand.
    Start a general procedure claim.
    See if more victims like you with an accumulated debt of $5000 or more, file him bankrupt.
    Pretty sure someone here would know more and can correct/confirm. Good luck.

    • Super8Tab on 23/07/2015 - 01:13
      +1

      Thanks the letter of demand seems useful, I'll try not to sound threatening and it will be hard as i've really had it at this point.

      I hate this clause in the general procedure claim:

      "always seek legal advice before going to court. Any legal action can be costly, time consuming and stressful."

    • NoClue on 23/07/2015 - 03:34
      +6

      I agree with eatwell365 but will add two points as this is a matter of principle that's going to annoy you forever unless dealt with.

      It doesn't cost much for a lawyer to write up a letter of demand as they can also advise you on the process of a Magistrates court and costs. Also in claiming out of pocket costs. There are lawyers that specialize in writing these letters and just dealing with the Magistrates court.

      Also and most importantly get a feel of your employer and or supervisors, These guys are generally well networked so the last thing you want to do is jeopardize your job by finding out that he's the preferred HR supplier because he's one of the bosses mates as you may also find out that he may have done the same to other workmates.

      Your in the right but tread lightly.

  • [Deactivated] on 23/07/2015 - 08:18
    +4

    The finder's fee is usually for the person who found the person for the job-a reward for filling the post, not for the person who takes the job.
    Do you have anything in writing?
    Please post the advert: you may have misunderstood.

    • Super8Tab on 23/07/2015 - 21:38

      I would totally take responsibility If it was my misunderstanding and move on, however this reward was legitimate.

      my reasoning is mentioned below

  • divergent on 23/07/2015 - 08:27
    +1

    Do you even need a lawyer at the small claims court? They don't have them on Judge Judy. I'd assume that if you have the ad and the paperwork that links the agent to the job then you could easily represent yourself.

    • pjetson on 23/07/2015 - 10:48
      +4

      They don't have them on Judge Judy

      I'm glad I wasn't drinking anything when I read this, or there would have been a mess :-)

      Your legal knowledge is based on what you've seen on Judge Judy?

      • [Deactivated] on 23/07/2015 - 11:06
        +2

        Your legal knowledge is based on what you've seen on Judge Judy?

        There's more to know? :(

    • Agret on 24/07/2015 - 10:07

      They don't have them on Judge Judy.

      That's because it's not a court and the decisions she makes are not legally binding and what she provides is an arbitration service. It is a way of settling things outside of court.

  • bargaintypeperson123 on 23/07/2015 - 08:33
    +1

    I'm going to be the devils advocate here. Do you have it in writing, and signed, that he would pay you a bonus $1500? If not, then …

    <rant>

    Harden up, princess. You've got a job. And a stable one by the sounds of it. Many families are struggling to put food on the table and you're crying because you're not getting something for free. Put your life in perspective and drop the sense of entitlement. You don't happen to work with Bronwyn Bishop do you?

    </rant>

      • [Deactivated] on 23/07/2015 - 10:08
        +4

        Hopefully he will ignore the 'holier than thou' brigade.

      • bargaintypeperson123 on 23/07/2015 - 15:31
        -4

        Advice is given. "Harden up, princess."

        • ratbag on 24/07/2015 - 16:54

          so in other words your advise is get cheated and then dont worry about it?

          how many times have you just dropped a debt of $1500 because you dont want to be a "princess"?

    • divergent on 23/07/2015 - 10:34
      +1

      I understand where you are coming from. In the end, when all else fails, acceptance is a something we all have to find. I play the devil's advocate regularly as well, but you have to choose your times carefully, otherwise you'll only end up playing the bad guy. The OP is in a fighting mood, so until they exhaust their options, acceptance is not for them.

      I think the Letter of Demand is the best option here. Send it registered, so that they have to sign that they've received it. Include all aspects of your agreement, even if it's only verbal. In a small claims court, even verbal agreements hold sway, since it all depends on the sway and judgement of one person, not on true legal grounds.

      • bargaintypeperson123 on 23/07/2015 - 15:35
        +1

        Haha yeah some people take the devil's advocate thing as you being a genuine bad person, but in this case it is just the devil's advocate.

        One has to wonder though. Taking "stress" days for $1500? Getting worked up about it? Probably caused more emotional damage than the money would be worth!

        • [Deactivated] on 23/07/2015 - 15:40
          +3

          Missed that one. Crikey, if getting ripped off $1500 is making you unwell, you really need to think this whole thing through.

          Shit, I'd be in a nuthouse by now if I totted up all the cash I've been ripped off over the years!

        • bargaintypeperson123 on 23/07/2015 - 15:43
          +3

          @Mattress:

          Yeah, I think a few people have missed it. Hence my "harden up" comment. Punishing your employer by taking undue sick leave because you're stressed over someone else not giving you something for free, to me, is soft. My opinion though.

          To steal a quote from one of my favourite movies; you keep what you kill. In this case, the recruiter is killing him with stress haha.

        • Super8Tab on 23/07/2015 - 21:04
          +1

          @Mattress: I probably over-exaggerated that notion. If I have to put a percentage on the stress I would say it's 80% feeling cheated and 20% about the money. I know it may sounds cliche but I was always brought up to values of honesty and "do good, see good", so when i'm in the right I try my best to take what's right.

          Yes i realise it's a ruthless world we are living but when I exhaust all the options only then I will I let karma do it's way.

  • Logical on 23/07/2015 - 09:55
    -8

    Take this to the High Court of Australia. We need you to fight this all the way!

  • shaiguy on 23/07/2015 - 10:35
    +4

    Tell your workplace and ask them to clawback the 1,500 for future payments and authorise him to direct it to you.

    • spoonmugen on 23/07/2015 - 12:11
      +3

      I'd tell the 'recruiter' this is your next course of action before hand.
      you don't want to get hit with a defamation suit…

      hopefully he coughs up because he wouldn't want his name shamed to his employer/have future dealings halted over $1500.

  • azorax on 23/07/2015 - 12:42
    +1

    Try contacting some free legal services/advice

  • DealzEddy123 on 23/07/2015 - 13:28

    don't they usually pay for referrals? interesting they paying you

    • Super8Tab on 23/07/2015 - 20:45
      +1

      The finders reward is promised in the ad I applied to, and confirmed verbally on the phone and in writing by the agent (confirmed by saying he is aware of the fee but is unable to pay it).

      Look I was skeptical when I first applied as well, the way I see it is: there is a definite shortage in the work field I am applying to and an oversupply of recruitment companies, if this agent didn't employ me he wouldn't have his commission, hard times meaning he would compromise %10 of his commission to lure me in.

      Does this argument make sense?

      • Donaldhump on 24/07/2015 - 01:32
        +4

        if you have it writing, ring an ombudsman or something , consumer affairs, or get over it… its 1k after tax… is it worth stressing abut…if it has been 12 months already

  • backpaqer on 23/07/2015 - 14:16

    Just tell your employer and this dodgy will either lose business…or the employer could retain promised commission amounts in future.

    • Super8Tab on 23/07/2015 - 20:47

      I thought about that but would prefer not to as I am not sure of the relationship between my boss and this agent yet and I am not sure how to open up the subject to the boss.

      • backpaqer on 24/07/2015 - 08:46
        +1

        Well, you now have the more enduring relationship, one that is a day to day rather than an as-needed one. If you can recruit new hires via word of mouth you could discuss finder's fees and all the money he'd save by cutting this guy out of the picture. Become active in social areas related to your work (eg Meetup) attend events and get to know the wider community in related areas outside your work. That's the best revenge I can think of with the side benefit of generating some solid contacts should you ever wish to switch jobs in the future.

  • congo on 23/07/2015 - 15:20

    depends on what paperwork you have?
    Is the reward written in the contract?

    • Super8Tab on 23/07/2015 - 21:17

      Obviously it's not in employment contact, it's in the online advertisement that I answered to as well as verbal agreement from the agent himself that the reward will be paid once the offer goes through.

      • Logical on 23/07/2015 - 22:03

        1 rule in law: if it hasn't been written then it hasn't been said.

        • Super8Tab on 23/07/2015 - 22:07

          look It's written in the ad, but you just have to take my word for it.

        • Logical on 23/07/2015 - 22:11

          @Super8Tab: it may be written, but what does it say exactly? For anyone on this forum to answer you correctly, we must see the add. ok, please delete the private detail bits, but post the advert here. Eg: you may talk to 5 lawyers and each one will interpret same thing differently. I am not having a go at you, so please understand. However if you want a meaningful result then we need to see the advert. The advert is the contract and not necessarily your interpretation of it.

  • [Deactivated] on 23/07/2015 - 17:49

    Sounds like a dodgy job/ad that pays you a bonus just to work there… and then you job pays someone else a commission for the work you do while you are there? This sounds very strange. Are you employed by the Job Agency or directly by the company you are doing work for?

  • T1OOO on 23/07/2015 - 18:45
    -6

    Finders fee dosnt go to u. It goes to someone who puts you forward to the recruiter.

    Idiot.

  • stinx2001 on 23/07/2015 - 22:17
    +1

    If this was an IT get in contact with ITCRA, they are the organisation that ensures IT recruiters behave ethically. Would like to see the ad, seems odd that they would give the person who gets the role a finders fee, normally it's for referring someone.

  • jtc13 on 23/07/2015 - 22:22
    +2

    I get that the principle is sticking in your craw but it's time to let it go mate. $1500 is nothing in the grand scheme of things especially if you are now getting sick as a result. Surely your health is worth more than 1500 bucks?? Do a Taylor Swift and shake it off or watch the Snow Queen with the kids and sing let it go until you have a new kind of stress in your life and you forget all about it :-)

    oh and in my experience almost all recruiters are scum. Don't trust em.

  • GameChanger on 23/07/2015 - 23:11

    Scum recruiter got $20k what a joke.

    Even worse the employer who paid for some drop kick to analyse if a person has the skills and is a good fit.

    • moo on 24/07/2015 - 00:03

      Oh and here I thought that the screening/vetting was based on the % of keyword matches spat out by a VB script/Excel macro. Times have changed.

      • GameChanger on 24/07/2015 - 07:17

        That's usually the first step to screen people out.

        I never understood people who use recruiters, who are usually high school drop outs that are supposedly genuis at knowing who is the best. Most of time they can't even understand the job requirements.

  • Donaldhump on 24/07/2015 - 01:35
    +2

    ur mental health is worth more than 1k let it go, ppl lose loads of money on divorce , greedy siblings with wills etc all the time … bad stuff happens, ur health n happiness is more important..

  • Donaldhump on 24/07/2015 - 01:44
    +1

    i guess next time a recruiter offers a cut of their comission to lure u to a job, just ask them to deal with the employer, and put it in your salary…

  • Wampus on 24/07/2015 - 17:33
    +2

    Does anyone remember Hitchhikers Guide to the Galaxy where they put all the people with 'nothing' jobs in the 'B ark' and sent them off into space? Recruitment agents to me have the ultimate B ark job.

    • altomic on 25/07/2015 - 01:25
      +2

      like the Telephone Sanitizers? and then the remaining Golgafrinchan population was then wiped out by a virulent disease contracted via unsanitary telephones.

  • love2buy on 24/07/2015 - 22:46
    +1

    Think of it this way, $1500 is only about 2 weeks of paid work. If you'd ask me I would happily do 2 weeks of unpaid work if I can get into a job that I want. So for me I'll just move on. Unless the job is crap then it'll be harder to swallow.

  • hahaboy on 24/07/2015 - 23:52
    +1

    I don't have much to add, but hope you are able to get your money.

    I just liked your username. First trance username i've seen on here. Brings tears of joy :')

  • Serapis on 25/07/2015 - 00:36
    +2

    Lol they haven't broken the law, just broke an agreement so police won't do anything. Its a civil matter

    Best and cheapest bet is local court, in NSW there's a small claims div which deals with matters under $10k

  • bought on 25/07/2015 - 07:44
    +1

    If you use a self-referral platform to find the job, can you contact the website owner? I am sure they don't want their site filled with liars and scammers.

    I am surprised the agency your recruiter contracted under dismissed your complaint so easily. It reflected so badly on their brand. I wonder if you could legally go after them. It is like if you have a bad experience at a franchise restaurant, you go straight to the head office not the franchisee.

  • bleu on 25/07/2015 - 14:23
    +3

    Without seeing the entire facts and circumstances, based on what you have stated, it appears that this is a form of misleading or deceptive conduct by the agent. He should be held to his promise as you acted on something he has advertised, and is continuing to do so.

    If you really want to pursue this to the end then personally I would suggest the following:

    Firstly, organise all your information and evidence thus far about what's happened from start to present. Main thing is to ensure you have the screenshots as evidence of his conduct (which you have).

    Important thing is to have on file, contact and business details about this agent as this will assist greatly in ensuring any further action you take is likely to be successful.

    When first trying to resolve this, you should then make attempt to resolve the issue with the agent and provide formal warnings or complaint to the agent at least two or three times I'd say over a reasonable period (Say every 2-3 weeks). There is no need to be super aggressive, but be professional and forth coming to ensure the message is clear. You can warn him on the last reminder as saying its a final warning. Don't mention that you will take action against him or what not. Idea is to surprise him with anything when you do decide to. If the agent still won't budge on his position to pay the promised fee, then at this point you should be able to then lodge a complaint to the NSW Fair Trading to report the misleading and deceptive conduct by the agent.

    Before you lodge a complaint with NSW Fair Trading, spend the time to carefully to outline the facts and circumstances. Because you are lodging this in writing, be clear and simple about the issue on how you wish to explain this to them. You don't need to tell a long story but just address the key points. Write the complaint first in a word document so you have a draft explanation ready with the evidence (e.g. screenshot of the conduct). When you lodge a complaint, NSW Fair Trading will first call or contact the agent to verify whether the claim is true or not (He will have to respond to the claim as if he doesn't, then they will know he's avoiding it and he will face issues). Usually at this point he may succumb and pay the fee to avoid further action as he knows hes under scrutiny from Fair Trading on his conduct. However, if he continues to ignore / behave this way then see below:

    Contrary to what some may say here, you can go through with a claim against the respondent (being this so called agent) through the NSW Small claims tribunal once all options have been exhausted. They look at issues for amounts under $10,000 easily. NSW Fair Trading is likely to give you advice on what actions you may take this further. Likely to be the claim through Tribunal.

    An application fee will apply. Check their website but its about $49 I think? Can't remember if changed. Despite what people think, you can represent yourself at the Tribunal as it will just be one or two individuals at the panel at the tribunal with yourself and the respondent. They will probably ask you some questions to explain your case etc. You don't need a lawyer to represent here, just practice /rehearse what you want to say and what issue you want corrected. Be simple and clear is the key. They generally favour the claimant because they know you went through a lot of pain to get to that point to have your case heard, so you probably have a decent chance to win, especially in your case from the sound of things.

    To lodge a claim in Small Claims, there's a template they provide on their website to lodge your application. Check there to download and lodge.

    Remember that when lodging a claim against this agent, the NSW Small Claims issues a notice to the agent of your lodged claim. They will show your application / claim to the agent. He has 28 days to respond to that notice. He MUST respond within 28 days to let them know of a defense or what not. So you can use this to your advantage and put a heap of pressure on him to pay at this point or face the Tribunal to defend his actions of the advertisement.

    It doesn't need / require a good lawyer to handle this. Just some extra time on your part and reading to understand the process to address this.

    Hope this helps and goodluck.

    Edit: Just realised you're in VIC not NSW. Just subsitute NSW with the Victorian government bodies.

  • Super8Tab on 31/07/2015 - 20:38
    +6

    Just an update for anyone following this thread for future reference:

    After sending the letter of demand last week giving 10 days before legal route to VCAT, the agent has suddenly sent the money in full this afternoon !!!! I should have asked Ozb much earlier than this, Happy days :) The company behind the platform I found the ad in helped as well so I am really appreciative for that ! Thanks to @eatwell365, @NoClue, @danwgreenfield,@Cheap Charlie @bleu and every single person in this thread for their input.

    Note that the ACCC/Consumers Affairs/Fairwork told me they can't help but it was good to try anyway.

    I actually moved on since I posted this thread and thinking it's not worth my time or stress anymore but i'll give it one more go and leave it at that, so happy with this fair outcome!

    This is the community I grew to love and proud to be part of since '10, much thanks again to everyone in this thread even the ones who told me to toughen up, certainly learned a lot from this experience and will be more careful in the future !

  • [Deactivated] on 31/07/2015 - 21:01
    +2

    great result and no more than you deserve.

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