Did Fair Trading give up to easy?

[Deactivated] on 27/12/2012 - 01:59

I recently lodged a complaint with fair trading regarding accommodation issues.

This is the response i received:

Good Morning

Unfortunately I do not have any good news for you and I am unable to assist further with your complaint as I have not had any response from Company Name despite sending 2 letters.

In this instance I will be closing the file, however you still have the option of lodging a claim with QCAT (Queensland Civil and administrative Tribunal) formerly known as the Small Claims Tribunal if you wish to take this matter further. They can be contacted on 1300 753 228 or Email: [email protected]

Judging by this if you are a company, business, sole trader or whatever it may be, you are better off hanging up if anyone calls identifying themselves from fair trading and to delete any emails they send you because they are not going to chase it up or even try.

As for the company themselves you can pick up a phone and they will answer. They are waiting by the phones it's how they do business so for this lady not to even bother calling i thought was poor form. I understand that they probably have to formally send the complaint in writing, but surely they could make a recorded phone call or something?

General Discussion

Comments

  • bigheadache on 27/12/2012 - 03:15

    What was the complaint? I imagine if it was something really trivial they could have let it go, whereas if it was a clear breach of some law they would probably go after them more vigorously.

  • spal on 27/12/2012 - 04:59

    With the huge staff cuts in QLD what else would you expect. Non-essential service delivery would most cetainly take a hit.

  • Geewhizz on 27/12/2012 - 07:19

    If the accomodation provider in question has failed to respond to attempts by fair Trading to resolve the issue for you, then there's not really a lot they can do. They have given you the information you need to take your complaint further.

    With the huge staff cuts in QLD what else would you expect. Non-essential service delivery would most cetainly take a hit.

    Exactly! Given that even essential services are continuing to be slashed, you can forget about the non-essential.

    • [Deactivated] on 27/12/2012 - 07:40

      Exactly! Given that even essential services are continuing to be slashed, you can forget about the non-essential.

      Well like all good bargainers you realise that without money in the bank, you cant evail yourself of a bargain. Essential bargains are skipped because non essential bargains have previously been bought… Complaining, that you cant spend whats in not in the bank, when it's been robbed by the previous guardians isn't going to fix things

      Like Bigheadache says, what was the issue with the provider.

      Like Fair Trading, are we wasting our time with a trivial issue, or not. If its not trivial then its essential, we can all try and help as it will mean non reply to a complaint will be used to avoid responsibility.

      If it is a serious breech then letters to members of parliament, the minister involved, media etc would be worthwhile. And that's something you need to decide. Whether the effort is worthwhile.

      • Geewhizz on 27/12/2012 - 08:23

        Well like all good bargainers you realise that without money in the bank, you cant evail yourself of a bargain. Essential bargains are skipped because non essential bargains have previously been bought… Complaining, that you cant spend whats in not in the bank, when it's been robbed by the previous guardians isn't going to fix things

        While that is correct, ozpete, what needs to be borne in mind is that the costs are simply being transferred elsewhere, and will in some cases be higher. There are many, many voluntary organisations performing essential services that have had their funding drastically cut or totally removed. While the $ involved are big to those organisations, they are a pittance compared to the state budget.

        Many of the functions these services provide HAVE to be provided by someone, and when the voluntary organisations cease being able to do so, you can be sure the associated costs to Govt will be significantly greater once wages are taken into account, for the roles that have until now been filled by volunteers. When local SES groups go to the wall, and are no longer there to help in storm situations you can be certain you will see an increase in your insurance premiums because of the associated costs.

        Govt funded health services are going to see a huge spike in demand for the same reasons.

        This might be a topic for a new thread, I think.

  • [Deactivated] on 27/12/2012 - 10:55
    +2

    My complaint was we paid for a room with "Uninterrupted Ocean views" however ended up on the ground floor and had to look in between the cars to see the ocean. I guess it's somewhat trivial but i did pay the "ocean view" premium seems i should get a partial refund or something. The staff didn't care and said i have to take it up with last minute but after driving 5 hours i was to tired to look for another place and go through all that hassle. With my only option left to go to court it would seem they've won. The next person after me looses out and the next person, until one day it happens to some pissed of lawyer!

    • Geewhizz on 27/12/2012 - 11:24
      +1

      Does last minute have a separate price for a room comparable with what you actually got? If so, you might possibly have some chance of getting a partial refund through your credit card company. It's got to be worth a try. I'd be feeling ripped off too, if I was you .

      Did you actually report this to Last Minute? They'd surely want to know about it, because it's their reputation that is on the line too.

      Failing that, you could perhaps mention A Current Affair.

      • [Deactivated] on 27/12/2012 - 11:36

        I told last minute what happened and they investigated. This was their response:

        Thank you so much for taking the time to provide us with your feedback.
        It is very disappointing to hear that the service you received from the Company Name did not meet your expectations. We have contacted management at the property regarding your feedback and have discussed your comments.
        The hotel management have confirmed that they are not willing to offer a refund for your booking. Any refunds for a reservation must be authorised by the accommodation provider that has advertised and sold the accommodation, and as this has not been gained we will be unable to offer any compensation on this occasion.
        Please be assured that we record all feedback for each hotel. If we were to find a recurring issue, the hotels' listing on our website would certainly be reviewed.

        They didn't have any cheaper rooms than the one i got (I'm an ozbargainer!) But it clearly states Apartments facing the beautiful forshore with ocean views from large private balconies. Then it also mentions uninterrupted views of the foreshore.

        • Davo1111 on 27/12/2012 - 11:52
          +1

          did you take a photo of the issue? Why didn't you take it up at the time?

          If you decide to take it to court drop me a pm and i'll give you a run down

        • [Deactivated] on 27/12/2012 - 12:13

          I took "happy" snaps of me and my friend chilling on the balcony which would show the view or lack of to some degree. I almost want to take them to court just because they were all a bunch of rude jerks, but it's not worth it.

          I do appreciate the run down offered though. Let's say i did take them to court (highly unlikely i will) but what is stopping them from not showing up? I remember when i was in a car accident and had to take a guy to court they had to officially serve the guy with papers using a third party and it was invoiced to me on the final bill. So if i were to ever take someone to the small claims court in the future would they have to show up since they wouldn't be officially served?

        • nikey2k27 on 27/12/2012 - 16:57

          my mate had this happen with car that was not insurance hit his not insurance car.she never show up after court she just declared her self bankrupt. her family was one rich lots in town. my mate was poor with 3kids and 22. But in relation to your Room why did hotel not upgrade you? i had that with last min many time.

        • KBZ on 28/12/2012 - 20:11

          This seems like an interesting story can anyone translate.

        • [Deactivated] on 29/12/2012 - 04:42
          +1

          …can anyone translate.

          You've got a fly in your ear.

        • jwh on 29/12/2012 - 18:01

          nikey, in that case it should be the insurance provider chasing the other party in court, not your mate doing the chasing.

          So that story seems a bit odd.

          edit: never mind, I see that both cars were not insured… hard to get a grasp on the story lol

  • chloden on 27/12/2012 - 11:59

    I imagine that this will also be the response to anyone who bothers to pursue the Harvey Norman Asus issue.

  • Wallyt99 on 27/12/2012 - 12:29
    +1

    Send a letter of demand first, notifying of forthcoming legal action if they fail to respond in 14 days. You can google letterof demand.

  • tonyjzx on 27/12/2012 - 12:50

    even at the best of times, they cant force a company to do something they dont want to do

    i've had judgements in my favour but the company just said they werent legally bound to do anything

    which is fine… i mean i'm not talking about a $10,000 gearbox on an Audi… you cant win them all

  • ilostnemo on 27/12/2012 - 13:22
    -2

    My dealings with WA fair trading, is that they can recommend certain action, but can't really enforce it. One problem for small businesses is we are often targetted, by crafty people who thinks since Kmart/Myer will refund it no problem, so will the smaller guys.

    In 20 years when every shop is owned by Woolworths and Coles they may have a change of heart.

    In regards to your problems it seems you should sue the occupants of the cars obstructing your view.

    If I was the hotel, I'm sorry this would go on my You can't be serious pile.

    • nikey2k27 on 27/12/2012 - 17:06
      -3

      i was at dicksmith we got one of those a shift people we going to ACCC only 3 people in my 12 years did it. I one lady who was lawyer try take dicksmitch and apple to court over 13 month old mac that did not work. 45,000 in hole she lost.

  • MATTDAMON on 27/12/2012 - 14:00
    +1

    Ahhh fair trading, the toothless tiger, you are more effective at getting what you want by turkey slapping the owner then going to FT or the ACCC.

  • cookie2 on 28/12/2012 - 18:47

    I find public forums are a great means of getting attention from companies. facebook, trip advisor and sister or parent companies of the trader involved. companies dont like others to see the mess and it normal gets some action if nothing else has yet worked. This means last minutes facebook etc as well as any sort of review websites for travel.

  • haichee on 28/12/2012 - 23:36

    I have gone to consumer affairs in Melbourne about a car rental company that took over $500 off my credit card 4 days after I had returned the car. I received no invoices or notification of this charge… just stumbled on it when doing some online banking. I thought of airing my complaint on public forums but would it do more harm than good??

    • cookie2 on 02/01/2013 - 21:50

      it never does more harm, as long as your honest it does you no harm at all. only positive. makes companies want to act faster to get you to shut it!

  • sentinel on 29/12/2012 - 02:23

    Perhaps its Last Minute that should've been reported to Fair Trading. Its them that advertised the offer and took your money. They should at least give you a partial refund as credit in your account. I'm a bit surprised that Fair Trading didn't advise you to talk to Last Minute.

    • [Deactivated] on 29/12/2012 - 11:12

      I did talk to last minute and they investigated. They phoned up the company and said the hotel weren't willing to offer a refund. I forwarded a copy of last minute's response onto fair trading as well as my own recollection. Fair trading then emailed or posted a letter to the hotel which wasn't replied to then fair trading gave up. Last minute actually did more than fair trading.

  • [Deactivated] on 29/12/2012 - 04:48
    +1

    Fair Trading [insert State here] have limited funding, which forces them to prioritise.

    Yours didn't make the cut (after a little bit of effort), and i'm not sure you should be surprised by that.

    Here's a good uninterrupted view of Bondi beach.

    • [Deactivated] on 29/12/2012 - 11:07

      lol thanks for the pic. That's not what my view was like though. Imagine bottom floor, cars and a lot of trees. I just thought fair trading would do more then just emailing or posting them a letter.

  • Sirocco on 29/12/2012 - 08:41

    How much money are we talking about? A few hundred? I reckon just suck it up and move on.

    • [Deactivated] on 29/12/2012 - 11:09

      Yeah $400. So $200/night. I booked well in advance as well.

  • stemcell on 29/12/2012 - 20:18
    +1

    Make sure you post your feedback on trip advisor with photos, I always check on there before booking anywhere.

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