Get Bond Back from House without Contract

mewdex on 29/01/2016 - 16:57
Last edited 29/01/2016 - 17:15 by 1 other user

Hi guys, can someone help me ?

3 months ago I moved to a house for just 1 month and the owner knew about that. I paid 2 weeks bond and 2 weeks rent in advance during all time I was there, transfering the money through commonwealth.
However, after I leave the house, she promised to pay me back the bond in a few weeks and 2 months later I'm still waiting. I send messages to her and she doesn't reply anymore. Before she used to say that she didn't have the money and that she would pay me later, but now she doesn't even bother to reply.

I did everything without contract, the only proofs that I have are SMS messages.

I went to Commonwealth thinking about opening a dispute and they said that they cannot help as this is not fraud on credit card. But they advised me to go to QTAC ( I live in Brisbane ).

Is there anything I can do before go to QTAC? Besides, I saw that before going to QTAC I need to go to RTA and open a dispute there, but do someone know if they help even if I don`t have a contract? Is there anything else that I can do?

Sorry the long text =)

Thanks :)

Home & Garden

Comments

    • mewdex on 29/01/2016 - 17:11

      In the messages I already told her that Im going to take further measures, going to tribunal. But she didnt reply. Should I do a formal letter and deliver by mail or should I just go to the court?

      • esosite on 29/01/2016 - 18:59
        +1

        I was able to prove a contract existed based from email exchanges (our lease was up and we renewed it to a certain date via email, real estate confirmed; we didn't sign it in time and they tried to kick us out).

        QCAT ruled in our favour and found a contract existed. I would say SMS is similiar to email!

        • mewdex on 29/01/2016 - 19:32

          How long was the process? Did you get all your money back?

        • mewdex on 31/01/2016 - 21:38

          @Cheap Charlie:

          The only receipt that I have is from the transfer of my bank to her bank. Receipt of bond and rents.

          Anyway, I'll try to call RTA tomorrow and see what they advise me. I'll also try to go to her house and talk with her, hence she doesn't answer my messages anymore.

  • iridiumstem on 29/01/2016 - 17:18

    Not sure about how much of this will be of use (different state), but even verbal contracts hold some form of legal… strength? I don't know. Basically I was in a position where the landlord was trying to abuse the fact that my brother and I just had a verbal contract (i.e. no proper documents). As it's been fair bit of time since it happened (I left as soon as possible after that happened), but I think I was told that I had all the rights as a tenant (which the landlord try to squirm out of).

    Though, you'd be far better off getting a proper advise from legal advisors. You might be able to find free ones that'd give you an advice for free (I did).

    Anyways, good luck.

  • oscargamer on 29/01/2016 - 17:31
    +1

    letter of demand, post with signature required, keep copy, give her 2 weeks to reply

    post back here when 2 weeks are up

      • oscargamer on 29/01/2016 - 17:52

        no, 2 weeks to receive her reply - that is actually quite important

        it is important to get her intent

        she may intend to pay you but has cash flow issues

        it is important to gauge what she intends to do given the opportunity

        • mewdex on 29/01/2016 - 18:15

          This will be a problem for me as I will be moving from Australia in approximately 2 weeks and half.

          Is not that much money, about 150,but money is money and I would like to have what is my by right.

          A friend of mine also has the same problem with her, but she owns him 230 and he gave up on getting it back. Didn't even tried.

          I guess I took too much time to act :/

        • oscargamer on 29/01/2016 - 18:45
          +1

          @mewdex:

          forget about it then

          move on and learn

        • eatwell365 on 29/01/2016 - 19:38

          @mewdex: perhaps sell your debt to the bad debt collector. 10% is better than nothing and give the owner a lesson. baycorp?
          **thought it was few grand bonds, but only $150.

        • mewdex on 29/01/2016 - 19:43

          @eatwell365:

          Can you tell me more about that? I'll try to find something on google

        • mewdex on 29/01/2016 - 19:45

          @eatwell365:

          Yeah, it's only $150 because I was afraid that she wasn't going to pay me the bond, so I stayed 1 week withouth paying the rent. So it's just one week.

        • eatwell365 on 29/01/2016 - 20:00

          @mewdex: read ACCC debt collection guidelines

  • eatwell365 on 29/01/2016 - 20:11

    name and shame on http://www.dontrentme.com/

  • Cheeper on 29/01/2016 - 21:21
    +1

    One month is usually considered a short term rental and lodgement of a bond with the rental bond board is not required afaik?

    From what you said… you paid 2wks bond and 2 wks in advance…? Wouldn't that cover your one months rent?
    Did they give you a receipt showing details of what the payment was for and one that specifies "bond"?

    • Master Bates on 29/01/2016 - 21:46

      From what you said… you paid 2wks bond and 2 wks in advance…? Wouldn't that cover your one months rent?

      My sentiments exactly!

      • mewdex on 30/01/2016 - 01:18

        Ops I forgot to explain this part. I was paying 2 wks in advance, so first I paid the 2 wks bond + 2ks rent and then 2 weeks later I paid the other 2 weeks.

  • barginhunter11 on 30/01/2016 - 00:00

    Been there done that..
    Property in morningside 4170. Lynne

    Went to rta and got our 4 weeks bond back.

    She failed to lodge the bond
    No entry or exit reports done

    Etc

    RTA is awesome if you document or have proof

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