SA Australian Consumer Law on Phone Company and Harassment from Debt Collectors?

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Eliza P

Active Member
20 January 2015
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0
31
There comes a point when you just give up. I am chasing my own tail at the moment. One minute I think I am going to get it, then it slips away. I cancelled my home line and internet package through a phone company August/September last year. Since then, it has been an absolute nightmare. I'm just getting nowhere! They will not listen, or they listen and do nothing, or they do something and not do it properly. They agreed to cancel the account and a deal was made and set into motion. I held up my end of the bargain. They did not.

I am literally getting bills every month for an account that is a) disconnected and b) cancelled. Not to mention the actual bill does not even reflect the original deal I had made with them, with the discounts they agreed to apply.

Once the bill is obviously not paid I start getting phone calls. At least three a day. Once unanswered the debt collectors start calling and harrassing me. I argue with them, they hang up, never hear from them again.


The next time the phone company call, I answer, try to sort it out, get promised that they will take care of it, I get no more calls and then bam, a bill in the mail for the new month. I ignore it and the whole process starts again.

It has contributed to a high level of stress I am under and contributed to me becoming ill a few months ago. My business is suffering now because I won't take private phone calls, missing clients because of it. I have gone through the ombudsman three times now. Made a formal complaint five times through their own private complaints department. Nothing. I have enough in writing I believe. But I just want this to stop! I actually am at the point of wanting to sue them for stress and harassment.

I am studying at University in Law and Psychology (only first year) this year and I really cannot keep going with this, trying to run a business at the same time and have a young family. Can anyone help me? What do I do under Australian Consumer Law? Take them to court myself?
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
Hi Eliza,

Sounds like a nightmare, I don't envy you. I have been through similar before but not as bad.

If you have already been through the Telco Ombudsman, I would contact the ACCC directly for some advice: Contact the ACCC | ACCC

And if you want to escalate from there, take them to small claims - which I think is Maggies court in SA. It would be great pract training for you!
Small claims tribunals | ACCC
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Being a Telco, your second call is to the TIO (first call is to the Telco which you've already done).

See here: Making a complaint - TIO
 

Eliza P

Active Member
20 January 2015
5
0
31
Hi Eliza,

Sounds like a nightmare, I don't envy you. I have been through similar before but not as bad.

If you have already been through the Telco Ombudsman, I would contact the ACCC directly for some advice: Contact the ACCC | ACCC

And if you want to escalate from there, take them to small claims - which I think is Maggies court in SA. It would be great pract training for you!
Small claims tribunals | ACCC
Thank you, Victoria. It really has been. Your feedback has been very helpful. I will take that path you have given me and see what happens.

In total, I got about 4 phone calls from them yesterday. Day is early today so I'll see if they can top their record today!
 

Eliza P

Active Member
20 January 2015
5
0
31
Being a Telco, your second call is to the TIO (first call is to the Telco which you've already done).

See here: Making a complaint - TIO
Hi, Rod. Thank you for your reply. However, I have done the TIO thing twice already. It all seems solved but then it starts again the next month when the new bill is issued. Thanks anyway.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Have you escalated at the TIO? Keep the complaint open and escalate through different levels till you get to level 4. Each additional level costs the Telco money to resolve.