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QLD Failure to Deliver Car Wheels - Take to QCAT for Breach of Contract?

Discussion in 'Debt and Bankruptcy Law Forum' started by Darren Fletcher, 23 May 2015.

  1. Darren Fletcher

    Darren Fletcher Active Member

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    I purchased car parts (wheels) from a guy in Victoria via a facebook group. It has been 4 weeks and for the last 10days he has been ducking my calls and not responding to any attempts at contacting him (I had a friend ring him under some pretext and he answered straight away). The amount is $650 I paid via internet bank transfer. The agreement was via facebook messages.

    I have his mobile phone number, his home phone number, his car rego but not his home address. Is filing a debt dispute via QCAT me best bet? Do I need his residential address for that?

    I believe I have his mothers address/phone number from the white pages (she gave me his home phone number) but I do not wish to involve her further.

    What options do I have? I would like to let it go, but just can't on principle. I don't know who else he is scamming but he should not be allowed tothink he can get away with it.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Darren,

    In some instances you can call your bank and have them reverse the payment. I'm not sure of the time frame though. Speak to them about it and see what they can do.

    Otherwise, yes VCAT is an option. You would require his residential address, as you would most likely need to serve him personally with the claim.

    Also, the Australian Consumer Law requires that when a business accepts payment for a purchase they must supply the purchased item to you within the timeframe they have indicated or if no time was specified, within a reasonable time. The ACCC recommends that if you don't receive your product you should first contact the business to resolve the issue (which you have done) and after that you can lodge a complaint with them. That's if he's operating a business anyway.

    Non-delivery of products & services | ACCC
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Darren,

    I agree with @Sophea. You have a few options:
    1. Ring your bank and see if they can stop the funds transfer
    2. Initiate action in QCAT for either (i) performance of the contract (yes, there is a breach of contract), or (ii) recovery of the purchase price (if you cannot stop the wire transfer)
    3. If the seller is a business in Australia, contact Consumer Affairs QLD and lodge a complaint to start the dispute resolution process to get your tyres delivered. However, if the seller is an independent/private seller you contacted via Facebook (or GumTree, eBay etc) then you will not be covered under Australian Consumer Law and will need to go directly to QCAT
    Best of luck and let us know how it turns out.
     
  4. Darren Fletcher

    Darren Fletcher Active Member

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    The seller is an individual, for whom I do not have a postal address. It seems that QCAT is my only avenue, but without an address do I have a hope?
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Darren,

    You can find out his postal address, or registered address, from other sources. Perhaps you could get the address from the Queensland Department of Transport and Main Roads or Queensland Government. You could also try find out which service provider the phone number is linked with and contact that service provider. They may not be able to divulge this information as it is confidential and private but still worth giving it a try. Or check their name against the yellow pages. Are there any other details of the seller you may have?
     

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