VIC Australian Consumer Law - Engin Cancellation and Pricing Dispute

[Lyle Harbour]

Called Engin to start a VIOP phone and Internet service because they advertised they could port my old number to the new service. Then I discovered that they could port only Telstra Numbers, so I called back within 24 hours to cancel the service. A month goes by and I receive a modem from Engin by courier. I also notice on my credit card statement that they are charging me.

So I call them to complain. I have no account number and received no paperwork from them at all. The lady puts me through to cancellations. After she works out that I have never been connected she puts me through to Customer service. They told me to send the hardware back and they will issue a full refund.

Australia post loses the satchel. Engin claims the hardware is worth $218 yet they advertise the hardware on their site for sale at $138. Am I responsible for their hardware that should never have been sent to me?

I have looked through the terms and conditions on their site and find nothing relevant to the pricing.

I had to pay the company I went with for Telstra to connect the phone line to the house. So Engin knows the service was never started.

Where do I stand under Australian Consumer Law?

 

[Sophea]

Hi Lyle,

Assuming that you were able to cancel the contract after 24 hours - assuming there was some sort of cooling off period - then the deduction from your credit card was unauthorised and must be refunded. A service provider also has to compensate you for your loss if their services caused you a problem which costs you money.

Do you have your receipt from Australia post to confirm that you posted the modem back? If so, I would send them a copy with a letter demanding a refund pursuant to your rights under Australian Consumer Law. I would also contact your bank and tell them that there has been an unauthorised transaction - money taken out of your account without your consent and have them investigate it. I have had success getting a refund this way too, where I have not authorised a credit card deduction.

 

[Lyle Harbour]

Hi Sophea,

Thank you for your reply, yes at the time the cooling off period was 24 hours. I cancelled within that time.
The Australia post part is Receipted. The online tracking shows it has been posted, But is still in transit for more than a month.

Auspost investigations are slow. About once a week I get a call from engin customer service stating that they are happy to give a full refund once the hardware is returned. Frustrating.

Thanks again.