Paid for goods not received... What can I do?

Clueless23 on 20/08/2016 - 13:33
Last edited 21/08/2016 - 20:27

Hi guys, Im hoping you can help me out here. my parents bought some bathroom goods (sinks, toilets,etc) from an independent company. they paid for it upfront (have company issued receipts) however, we didn't receive anything.. they said they needed to order it in from the supplier. A couple of weeks later.. still nothing so my parents approached the company (small company btw) and the company said we will be refunded. They wrote "refund" next to the items that were to be refunded on the initial receipt. the company has not been able to give us an exact answer as to when we will be refunded (cash) .. it's always "a couple of days" or "set an appointment with the manager" (which we tried to but we're never given an appointment time". the money owed isn't a lot considering the time and effort we've put in to ask for our money back, a few thousand.. but it's a few thousand that my parents have worked hard for and they're distraught and feel cheated. Ive briefly looked at the ACCC website..but I'm pretty dumb when it comes to laws and what not…

any help would be appreciated

just an update for anyone interested, I have sent them an email and will be sending a letter via registered post/dropping off a letter to the company tomorrow highlighting the refund is to be paid by the end of the week or matters will be taken further. Thank you to everyone for your input, and especially to Adz81, I've used your template :)

General Discussion

Comments

  • JIMB0 on 20/08/2016 - 13:56
    +4

    If paid via credit card they could do a charge back. I wouldn't let them write refund on the receipt untill I got the money back, otherwise they might claim they have already refuned the money.

    Keep hassling them. Call several times a day and if you feel comfortable go in there when passing and ask about it. They might find it easier to just give up and hand the money back.

    • Clueless23 on 20/08/2016 - 14:16
      +1

      we have continually called and came into the shop in person to no avail..we keep getting indirect answers. I went into the store with mum today to speak with them about it and the manager said she "refuses to speak to a child" I took it as a compliment.. I'm 23.

      • Rukiata on 20/08/2016 - 16:00
        +8

        What the!? thats very rude. what is the place called? name and shame so others dont have to deal with them

        • zerocritical on 21/08/2016 - 07:24

          Keep written proof of communication like email. Would help if you decide to go the ACCC path.

        • [Deactivated] on 21/08/2016 - 11:15
          -2

          Oh WOW you're still around, How bout answering your own replies that everyone has spent days & days on helping you. Then you dont reply to your own comments from members. Then you pop up giving advices to someone else and using the word, Rude!
          Am Speeches!

      • Tech5 on 21/08/2016 - 23:59

        That manager needs to be smacked. It's the younger ones like you and I that can actually get stuff done. Our parents are really clueless haha

        • [Deactivated] on 22/08/2016 - 11:39
          -2

          Think that is disrespectful to the members parent's, they don't speak very good English, so these days people will use anything to take advantage.
          As for the "haha"
          Says alot if you think this situation the member finds himself in also disrespectful to his parents! through no fault of his own.
          Wind ya neck in!

        • Tech5 on 22/08/2016 - 18:10
          -1

          @3lions:

          What are you even on about. You are basically agreeing with me. From his post, I could gather that his parents weren't that good at english, hence they are clueless. If I went to Russia and tried to argue with a store owner, I'd be pretty clueless too.

          The "Haha" is to indicate that I was not disrespecting his parents, and that it was a light hearted comment regarding the language barrier.

          I think you are the one who needs to "Wind ya neck in" and stop being PC about every little thing. Take things as a joke sometimes. It'll do you some good.

        • [Deactivated] on 22/08/2016 - 19:26
          -2

          @zhuang281: is that right!
          Go back and read what you posted.
          Nothing to even go with being PC as you put it, it called this thing that your parents install in you growing up, umm what's it called again, oh yeah ….Manner's!
          Hour reply fors not even make sense. Do you think the OP is laughing, hrs trying everything to help his parents didn't see any haha at the end of his post.

        • Tech5 on 22/08/2016 - 20:06

          @3lions:

          I have faith OP still has a sense of humour, even in this situation. Plus, he didn't use a Haha, but did use a smile face.

          Oh and you never did address what I said about being clueless.

          Anyway, It is obvious that you have quite a large stick up your ass. This is quite a waste of time for me so I am done here.

        • [Deactivated] on 22/08/2016 - 20:34

          @zhuang281: GOOD DO EVERYONE A FAVOUR AND DO ONE!!!
          Nice language too!
          Thanks for the abuse

        • Clueless23 on 22/08/2016 - 20:43

          @3lions: I'm gonna go ahead and stay out of this one, all I'm gonna say is OP is a girl :)

        • [Deactivated] on 22/08/2016 - 20:49

          @Clueless23: yes and so am I and I don't appreciate the abuse, just backs up my previous comment zhung or what ever has no manner's.
          I was sticking up for OP as I thought zhung was disrespectful to OP/her parents.
          No worries, know what to do next time
          Thank-you.

      • [Deactivated] on 22/08/2016 - 20:54
        +1

        Am very pleased to read that you have made progress with your situation.
        All the best and hope your parents are feeling better.

  • Findo on 20/08/2016 - 14:21
    +1

    Call the ACCC

  • Thefiddler on 20/08/2016 - 14:28
    +7

    Go to a t-shirt printers and get a jumper with the bandidos mc logo printed on it along with sargeant (sic) in arms written on it. wear said jumper. advise that they have 2 minutes to refund or the juice runs at 25% per day. count refund received from shaking hands.

    In all seriousness, I wouldnt be too concerned about refund being written on the receipt as there's nothing stopping you from scrubbing it out. advise them you want a refund right now next time you're in, if you dont, you will contact the accc. you should name and shame too. to put it bluntly, ef them as they've been nothing but dissmissive to you so I'd be doing all I can via facebook, review sites etc to advise of how you were treated. If it were me personally, a baseball bat would also be used in my handling of the situation.

    As also stated above, if a CC was used, initiate a charge back straight away as it is a fraudulent transaction.

    • Clueless23 on 20/08/2016 - 21:44

      haha are there any bargains going at the moment for custom hoodies?

  • chumlee on 20/08/2016 - 14:47
    +1

    Start with consumer affairs in your state and if nothing happens you may need to lodge an application at small claims tribunal.

    Maybe the business is in financial problems so you may need to speed things up.

    Can you just swap your order for stuff they have in stock??

    • Clueless23 on 20/08/2016 - 16:25

      due to them giving us the run around on things, we don't want to swap for other items. will definitely look into approaching consumer affairs

  • Mong on 20/08/2016 - 15:00
    +4

    Charge back is the best option as it is the most direct - the burden will be on the company to demonstrate that they have delivered the goods - if they do this falsely, they have committed fraud.

    If that is not an option, don't get emotional about this - you simply need to avail yourself of the legal options available to you that will place some pressure on the business to rectify the situation. Depending on where you are located, your state will most likely have a Consumer Affairs department. The first step is to seek advice from that department - and notify the business that you have solicited advice from the department and will be making a claim for failure to refund an item not delivered and a subsequent failure to provide a refund in a timely manner.

    You are entitled to a refund under consumer law (at least, that is the case in Victoria) - but as stated above, repeatedly failing to rectify a situation in which the business has also stated that you are entitled to a refund may also cross a legal line (i.e. fraud by deception).

    Be mindful that they are a small business - so they may be experiencing cash flow issues and do not intend to mess you around, but may be genuinely unable to pay your parents. This is not your problem, which is why you should apply pressure on them via the ACCC or Consumer Affairs - but they may just need some encourage to rectify this issue in a more timely manner than is currently occurring. It is in the best interest of both parties to remain civilised and be outcome-oriented - ultimately, you just want your parents to get their money back, and they will be seeking to avoid the hassle of dealing with a government department.

    Where possible, ensure that you have a paper trail - email is a good means of communication with the business, as you can clearly establish what is being said on both sides. It may be worth sending an email to the manager stating that their business has committed to a refund on account of the goods not being delivered and seeking clear advice of the timing of the refund to be provided and how it will be provided (e.g. cash refund, bank transfer, etc). This should be sent by the person who made the order, and should also state the date of the order and the period of time that has elapsed since then.

    I've been where your parents are, and understand that it's not fun - stick to your guns, and good luck!

    • Clueless23 on 20/08/2016 - 16:29

      unfortunately the transaction was dealt with in cash. we are currently keeping as much of a paper trail as we can including any discussions with the company and the mode of contact.I'm hoping ACCC or consumer affairs will be able to provide a bit of direction and some sort of time frame for how long is too long to chase up on the matter with them and when to take actions further..

  • garetz on 20/08/2016 - 19:56

    Why would you pay upfront for a product without actually taking the product then and there ? If you pay cash, you should always pay cash on delivery, or cash on pickup. If they are going to deliver at a later date, always pay by credit, that way you take no risk.

    Pretty much your only option at this point is to contact the ACCC. Create a case asap, so they can sort the issue out.

    • Clueless23 on 20/08/2016 - 21:41

      my parents are of non-english speaking background and are also naive. they always think the best of people and this was very unexpected. the company had also said that their eftpos machine was not working on the day and that payment was required before they could order from the supplier.

  • Adz81 on 20/08/2016 - 21:57
    +2

    Email of complaint template here:

    https://www.accc.gov.au/consumers/complaints-problems/write-…

    I've used this once when a company hadn't delivered on goods, would not return any calls or emails and had actually blocked me on their FB page, heard from them within 24 hours.

    • Adz81 on 20/08/2016 - 22:04
      +2

      Here's how mine went (edited slightly)

      Dear Sir/Madam,

      I am writing to seek a refund of $999.00 for the voucher I purchased and submitted on the 6th July 2012.

      I have not recieved any correspondence from you regarding this transaction, despite numerous atempts at contact. I have not recieved the goods requested.

      Within 7 days, I require a refund of the purchase price of this voucher that was submitted to you, or the goods delivered. I can be contacted on this email address or on 1234567, a number I have previously supplied on your answering service.

      If this matter is not satisfactoily resolved by the 22nd of August 2012, I will consider taking further action to resolve the complaint through the Office of Consumer and Business Affairs.

      Regards,

      • Clueless23 on 20/08/2016 - 22:22

        awesome thanks! im not sure if i'll be able to chase up an email address as they're a small company, so will dropping the letter off to them suffice?

        • Adz81 on 20/08/2016 - 22:42
          +2

          I'd double check the website, but if I were going a letter option, I'd suggest registered post, maybe?
          That way you have a receipt showing you at least sent the letter.

        • [Deactivated] on 21/08/2016 - 20:36
          +2

          @Adz81: and also make them sign for it that way, you'll have a signature so they can't turn around and say they didn't receive it.:)

        • peterpeterpumpkin on 22/08/2016 - 07:48

          Get a guy in a suit to deliver it like when you're being sued :)

        • Clueless23 on 22/08/2016 - 20:46

          @3lions: Y'know, I went into the store today and the manager refused to accept the letter! Too bad though because in between rambling about not taking the letter, she admitted that she saw my email. Plus there's a registered letter headed her way, too.

      • nikhi24 on 21/08/2016 - 07:37
        +2

        I'd take out the word consider and change to be

        • Clueless23 on 21/08/2016 - 20:29
          +1

          Yes, will definitely take further action if matters aren't resolved!

      • [Deactivated] on 21/08/2016 - 18:10
        +2

        That's really nice of you Adz81

  • [Deactivated] on 21/08/2016 - 11:23
    +4

    I would ring the ACCC, they are very approachable, tell then what's happened and I'm sure they will be able to help you, or put you in touch with the right people. To check if they are a registered business with all the right papers.
    Your parents are lucky they have you to help them. I hope they are not stressing out to much, I'm sure everything will work out :)
    Good luck

  • windale on 21/08/2016 - 17:54
    +1

    I once Had a customer that wouldn't pay after several requests. I then told them I had a meeting with my solicitor booked for tomorrow and it would be in their interest to sort things out prior. I was paid the next morning. This was for $30000. You don't have to have a meeting booked but the thought of legal fees and court appearances was enough. Good luck

  • bluesky on 21/08/2016 - 20:42

    Firstly, OP, I wish you all the best and hope that you will recover your money asap.

    Both ACCC and Office of Fair Trading were brought up in above discussion. From a consumer standpoint, when should you approach ACCC, and when Office of Fair Trading? So take OP's case, for example. Will one be more likely to get the issue resolve quicker, and at less cost (time, $)? Thanks.

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