Getting Money Back from Business That's Ignoring Me?

Leek on 23/07/2018 - 09:43
Last edited 23/07/2018 - 09:54 by 1 other user

Hello all. Long time listener first time caller.

I thought given the demographic of users here, it would be the best place to ask for some advice. Here goes.

Beginning of May 2018 I ordered two sets of retractable fly screens from a business on Brisbane's south side. I had fully paid the invoice via EFT and all seemed well. They were allegedly being manufactured (most likely China) and according to the vendor's email on 25 June, landed in the country and was waiting to clear customs. It's been 2.5 months since I paid the invoice and 1 month since the vendor's last response. Surely it doesn't take one month to expedite some fly screens through customs.

Getting sick of waiting - would like to ask for a refund now and go with another business.
End of the day, I just want my flyscreens.

1) Given it's value of ~$650, whats the best way to go about recovering my funds?

2) I have their home address - it's on the top of the invoice as they're operating their business as a trust, trading as a business. Is it a good idea to turn up to their home and speak to them face to face? It's a 20min drive from home…..and I haven't been able to reach them via email or phone for a month.

3) I've had a look at Fair Trading QLD, and I can fill out a complaint form on the website - does this realistically achieve anything?

4) Will I need to hire a legal representative or debt collector to go after this business for my money? Is it even cost effective, given the amount is ~$650?

Never been in a situation like this before, so any advice would be greatly appreciated. Thanks.

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  Godric on 23/07/2018 - 09:58

  -1

  Bikies?

  • 

    eek on 23/07/2018 - 10:19

    Are they expensive to hire?

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  HighAndDry on 23/07/2018 - 10:05

  1) Given it's value of ~$650, whats the best way to go about recovering my funds?

  Honestly that's a really awkward amount. It's not enough to really warrant getting a lawyer (a few letters will cost basically that much), but it's too much to just write off. Maybe try rocking up in person if they're that close - that's what you'd do with any other brick and mortar shop.

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    zonra on 23/07/2018 - 12:43

    Small claim court?
    Start with a letter of demand and if they continue to ignore you just take a day off to represent yourself in court, no lawyers required, court fees are around $80 last I checked.

    P/s: sorry meant to comment in the main thread

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      HighAndDry on 23/07/2018 - 13:29

      You'd start with a letter of demand first - OP can try that. But again - it'd be more than one or two days off for Small Claims, and at that point - a few days off work vs $650? I know I'd be losing more from not working.

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        eek on 23/07/2018 - 13:48

        I spoke to a friend who is a debt collector and told me to lodge the complaint through the QLD of fair trading website so I've done that.

        I noticed their website today is now suddenly 'under construction'. If they've been ignoring my emails and calls and the site is now non-operational, it might look like they're stopping the business altogether? Two days off work for me works out to be more than $650 in post-tax dollar terms too. sadface

      • 

        HighAndDry on 24/07/2018 - 11:04

        @eek: Good luck! Update us how you go if you can be bothered.

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      eek on 23/07/2018 - 13:56

      There is an online process for QCAT now…interesting. But yeah, it's $164.30 now.

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        zonra on 23/07/2018 - 15:54

        Sorry, the $80 something figure is just off the top of my head from 6-7 years ago and also in WA.
        Normally they fold at the letter of demand which cost you nothing aside from registered post so I’d start with that anyway and see what happens.

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  garetz on 23/07/2018 - 12:38

  Your only option is small claims court.

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    eek on 23/07/2018 - 13:54

    It sounds like small claims court is a lot more effective than the fair trading complaint!! The hearing fee is $164.30. Looks like if I went down this path I'd be adding that fee on top of the amount owed to me…..plus interest!

    What are the chances of me succeeding if I represented myself and they decided to hire some gun lawyer (I know, unlikely for $650, lol). It seems like a pretty straight-forward case where they simply haven't delivered the goods that were promised to me and now I want my money back.

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  TheBilly on 23/07/2018 - 15:06

  3) I've had a look at Fair Trading QLD, and I can fill out a complaint form on the website - does this realistically achieve anything?

  Fair trading can be quite effective, I would definitely do this. I actually got a flight refund from a large international airline, whilst Fair trading didnt do anything besides make a phone call to the sydney office and person I was liasing with, the airline really kicked into gear once they knew I was serious and expedited the refund.

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  snoopydoop on 23/07/2018 - 20:43

  I'm not sure what the maximum charge-back amount is with your bank (if there is one), but definitely worth contacting them with as much info/evidence as possible.

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  Kreacher on 28/07/2018 - 04:44

  I went through QCAT to get back the cost of a phone (~$500) as the online business wasn't honouring the warranty and had been stalling me. Cost was $25 for the application plus postage costs for sign on receipt for the documents to be sent to the business (maybe $16 from memory). It was settled at the first tribunal (free) and the business later transferred me the refund. I actually ended up phoning into the tribunal because I was on holiday at the scheduled time, the company didn't show up.