Advice on Queensland Fair Trading (Dispute with Customer)

LHiren1218 on 27/02/2024 - 12:49
Last edited 27/02/2024 - 13:52 by 1 other user

I am running an event decor and event stuff rentals. One of the customers hired chair covers and tablecloths for their event. We had to count everything when they picked up and returned.

There were missing 6 chair covers and 2 tablecloths when they returned. Now she is claiming that we did not count it when picked up. She does not have 6 chair covers to return. She has 2 tablecloths for return. I have the bond amount and she wants it back in full which I do not agree with. She kept the stuff for 6 weeks even though it was hired for 24 hours.

She is threatening me to complain to Queensland Fair Trading to take full bond. I am a sole trader with registered ABN. I told her that there would be a deduction from the bond amount as there is missing chair covers and extended hire time without my permission.

Please advise me on fair trading action in this scenario.

General Discussion

Comments

  • Gdsamp on 27/02/2024 - 13:00
    +3

    OzLegal

  • JIMB0 on 27/02/2024 - 13:03
    +4

    The daily dormant account troll.

  • alvian on 27/02/2024 - 13:04
    +2

    https://www.qld.gov.au/law/laws-regulated-industries-and-acc…

    https://www.qld.gov.au/law/your-rights/consumer-rights-compl…

    Mediation

    Mediation is a way to settle a dispute without taking legal action. It lets you and the other party meet with 2 neutral mediators who will help you discuss the dispute.
    Mediation saves time and money. It helps people reach an agreement in 90% of cases. You can get free mediation from a dispute resolution centre.

    Take the complaint to

    QCAT or court

  • holdenmg on 27/02/2024 - 13:17
    +1

    What does the written contract say about hire period (and exceeding the hire period)

    Were you going to collect it (or for them to return).

    Work out a pro-rata claim for the six weeks and chair covers and make a small claim.

    https://www.qld.gov.au/law/court/court-services/enforce-a-co…

  • AustriaBargain on 27/02/2024 - 13:40

    She signed an agreement for x dollars per 24 hours, she had it for six weeks so times her fee 42 and add the cost of the missing six covers and two tablecloths. You counted the stuff in front of her when she returned it so she can't deny that they are missing.

  • tsunamisurfer on 27/02/2024 - 13:51
    +4

    Good god, if you are running a rental company, wouldn't one of the most important things to have a mechanism whereby both parties sign off on what has passed hands at the beginning?

    Furthermore have terms and conditions that parties agree to in the event of lost items?

    • Jimothy Wongingtons on 27/02/2024 - 14:01

      Furthermore have terms and conditions

      i think even if there was signed t*c's that were just not generic copy and paste ones it sounds like op AND his customer is not budging regardless.

    • Sinnerator on 28/02/2024 - 08:31

      Trust Me Bro Warranty

  • Meho2026 on 27/02/2024 - 13:57
    +1

    Inform them as a goodwill gesture you will are prepared to deduct from the bond, the replacement cost of the missing items. Should that be unacceptable to them, you intend to take legal action for breach of contract in order to seek financial compensation for the loss of revenue, for the 6 week period all of the items were unavailable.

    • salmon123 on 27/02/2024 - 14:19

      you intend to take legal action

      Really? Don't most hire companies keep a credit card on file for these situations. Leave it up to the customer to initiate legal action. Most don't.

  • salmon123 on 27/02/2024 - 14:20
    +1

    Please advise me on fair trading action in this scenario.

    Fair trading can't compel a business to do anything. The customer will have to take you to xCAT to get any sort of enforceable action. Its unlikely they will do this over a small amount.

  • Hiren1218 on 27/02/2024 - 14:48

    There is no signed contract but we had a text message conversation about what she had hired and the amount she paid. She denies that they have counted the stuff. She thinks that I am running an unregistered business for cash only which is not the case. I already offered her a minimum deduction ($100) before she told me that she was going to fair trading. Actual total deduction would be more than the bond she paid. I am more than happy that she is going to fair trading after seeing coments.

    • Boioioioi on 27/02/2024 - 15:21
      +7

      Mate you need a contract before hiring anything to anyone. I dont think either of you have much of a leg to stand on without a contract

      • Jimothy Wongingtons on 27/02/2024 - 15:55

        exactly - must be super luxury chair covers to cause such a fuss, is it possible to just write it off at all and learn a lesson? Depends how much op values the chair covers and their sanity

        • Hiren1218 on 27/02/2024 - 16:02

          ITs not only chair covers, she also kept 2 of the tablecloths for the 6 weeks.

    • blitz on 29/02/2024 - 11:02

      She thinks that I am running an unregistered business for cash only which is not the case.

      Why would she think this, OP? I mean, have you given her any reason to think this?

      To be honest, it sounds to me like you don't have the robust processes in place, and little experience with running this kind of business. You're going to get losers who won't pay, who wreck your rental items, and who don't return rentals when they were supposed to. But if you have gaps in your processes, and everything done as "we said/they said" then all of those problems will be made much worse.

      If it were me, I'd write off the chair covers and tablecloths because it's just not worth it. You said you can't do this: I think you should ask yourself why you can't do this.

  • pegaxs on 27/02/2024 - 17:26

    "No problems. We will see you in Fair Trading where we will also put together our side of the transaction and breach of contract. I look forward to putting forward our case on our day in court."

    Then just wait for your attendance notice or any other legal notice and deal with it. Stop communicating with them and set aside the bond amount into an account where it wont accidentally "disappear".

  • 87percent on 27/02/2024 - 18:33

    Have you actually got proof of your staff counting the items before giving it to the customer?

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