NSW Travel agent misappropriation my money

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StupidlyNaive

Member
24 May 2018
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I contacted a travel agent in March to book tickets and paid him through bank transfer around 6k. The tickets were to be booked for mid April. However, the agent didn't book the tickets. I didn't receive the refund. I had to book the tickets myself. Till now he has not paid me back. He gave me a promissory note but the date for the first installment has passed. I suspect he has misappropriated the money. Apart from this he caused me so much emotional distress and it affected my life over past 2 months. I would be up late at night because he promises to deliver the tickets or refund only for me to lose sleep. He sent me a transaction details which he later claims got rejected. To me it feels like he is knowingly causing me problems. He keeps promising to pay but doesn't deliver. I am not sure what I can do legally. Initially I only wanted my money back. Now I would like some justice for the hardship I am going through. I thought about going to police but my friends told that they will not take the case. I could go for NCAT but I am not sure whether they can get me compensation or force him to pay.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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Force him to pay? You sound you’ll have a good chance of getting an order for reimbursement in your favour, but you’ll have to take your own steps to enforce it if they don’t pay.

Compensation? Almost assuredly not, especially in a small claims jurisdiction. If you want that, consider a claim through the ACCC or fair trading (depending on how the agent is set up). They may get fined, but whether you’re in line for any part of that is unknown.
 

Clancy

Well-Known Member
6 April 2016
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Given the circumstances of the story, i do not think it is unreasonable to consider this as a fraud, in which case you certainly can and should report it to police.

Online fraud and scams
 

Rod

Lawyer
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27 May 2014
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Send a final demand letter.

In it you give time to pay, say 14 days, you'll say if not paid you'll be seeking costs, you will report the matter to police for fraud, and if necessary seeking winding up of his business. Time for playing nice has passed.

If not paid go to a lawyer to commence legal action and reporting to police.