VIC Go to VCAT to Get Payments from Online Vendor Refunded?

Discussion in 'Australian Consumer Law Forum' started by Monty Samuels, 3 July 2019.

  1. Monty Samuels

    Monty Samuels Active Member

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    I used my Bankwest credit card on an online gaming website. After a disagreement with the website, I find out that the website isn't licenced or authorised to operate in the Australian jurisdiction.

    If I take Bankwest to VCAT to get the payments reversed or refunded, will I have a chance?
     
  2. Rob Legat - SBPL

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  3. Rod

    Rod Lawyer
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    Your action is against the owners of the website, not your bank.
     
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  4. Monty Samuels

    Monty Samuels Active Member

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    These transactions are in violation of Australian law. The bank and processing company facilitated these transactions with full knowledge of where the payment was coming from and who it was going to, where they are registered and what type of service they are providing. Way more information than I have access to.
     
  5. Rob Legat - SBPL

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    Setting aside whether the 'bank' has actually breached any laws to begin with, can you prove your bank had full knowledge of where the payment was going and what it was for? Because I can assure you that unless the recipient account was domiciled in the same bank as yours, they almost assuredly had no knowledge of where it was ultimately going or what it was for. Bankwest's information for payment (post your authorisation data) would be basically routing numbers to tell them where to send the payment, the amount and a timestamp. Those routing details are prefaced by a set of numbers as an 'address' of where to send the funds, with the balance being the 'name' of the recipient. Except the 'name' is an internal account number no one but the receiving bank can understand.

    So, no, Bankwest did not know who the money was going to or what it was for. The same can be said for the card scheme.

    And, if the receiving bank is outside of Australia they are likely not subject to Australian law.
     
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  6. Monty Samuels

    Monty Samuels Active Member

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    They know exactly what is going on and refuse to obey the law. I know I'll be wasting my time at small claims court, but we'll see if protesting outside their only Melbourne branch can force them to take some responsibility for once. Bankwest and the other Australian banks break the law with blatant impunity, as seen in the recent royal commission. The Australian public have yet to realise the banks are the only ones who can enforce financial law, the Australian government is too weak and pathetic.
     
  7. Rob Legat - SBPL

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    1. Is this just your belief that they "know what is going on", or can you prove it?
    2. What law have they broken?
    3. If you've illegally used overseas gambling websites then be very aware you may be dobbing yourself in. Saying "I didn't know" may not cut it - ignorance of the law is no excuse.

    Also, be very aware that any form of small/solo protest is likely going to get you seen as a 'crackpot'. You might also want to check any city ordinances around the type of action your'e contemplating unless you want to hit with a fine or similar.
     
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  8. Monty Samuels

    Monty Samuels Active Member

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    Thank you for your advice, it is appreciated.
    I would love to be prosecuted by the so called authorities for breaching Australian gambling laws, not guilty all the way!!
    I'll represent myself and try to embarrass the banks and ASIC, I don't have anything to lose financially and, It's not as problematic for me to serve time, compared to someone who has children and other dependants, or a career/reputation to protect. As for any fines - put in on the slab with all the others.

    If they don't "know what is going on" that is a decision they have taken to willfully ignore the legislation and their responsibility to adhere to it, and remember ignorance of the law is no excuse.

    Bankwest have facilitated the violation of the Interactive Gambling act 2001

    Interactive Gambling

    I don't mind if the sheeple think i'm a crackpot, I mean in many ways I am a crackpot, also I have been very successful in the past with 1 person protests.
     
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