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VIC Overseas Company Chasing Debt for Item I Didn't Order

Discussion in 'Debt and Bankruptcy Law Forum' started by Herry Tayat, 26 May 2015.

  1. Herry Tayat

    Herry Tayat Member

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    Hello,
    I have problem(s) with Company Overseas namely LuxStyle Lux International Sales with emails and a letter demanding payment of the Invoice for the item which was sent without my consent or knowledge. I emailed them for the explanation of this transaction as 'alleged' buyer and attempt to communicate with them without any success. Instead they kept email me with new amount to pay (incl.'late penalty fee') and keep threaten me with legal procedure which will incur 'associated additional cost' and ' debt collection case'. I cannot communicate and reasoning with them even as buyer with the right of 'cooling off' period' and to question them.

    I inquired the product on their website by filling up my details but as it is, neither have I left any Credit Card details nor pressed 'pay now' button on my Paypal.

    Thank you for your attention and hope you can help me.
     
  2. Darren Fletcher

    Darren Fletcher Active Member

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    Did you receive the item?
    What is the value of the item?

    If you did not order the item and you did not receive it I would think they have nothing to go on. If you received it, return it.

    If they can not be bothered to participate in open communication it's unlikely they will actually pursue action beyond emailing you demands.
     
  3. Herry Tayat

    Herry Tayat Member

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    Thanks Darren,
    I received the item sent by Post (left in my mailbox). Am I obliged to return it and pay the postage (which is likely required to be registered and/or tracking system)? I had sent an email regarding the item to be picked up by their debt collecting agent.
     
  4. Darren Fletcher

    Darren Fletcher Active Member

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    I was once in a very similar situation, I simply marked the item 'return to sender' as soon as I received it because I realised what had happened before opening the package. Certainly they should pay the cost for return post, but they are making it difficult for you. If I were in your situation, I would return the item, via registered post at my own cost and consider it a lesson learnt. Or keep the item and pay for it - a bitter pill to swallow, but puts an end to the matter. You have something that is not yours - so you have a moral obligation to take steps to return it to the owner.

    I would assume that having returned the item to them, combined with the fact they can not demonstrate an agreement by you to purchase, they would not have enough to take the matter further. If they do, your credit rating may be affected etc, so really the best advise I can give is seek legal representation. Most law firms will provide a free first consult. Ring around, you will get better advise than I can provide, and forums like this seem to be a little void of actual legal advice. You could also ring the ACCC https://www.accc.gov.au/
     
  5. Herry Tayat

    Herry Tayat Member

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    Thank you. The item has been few days with me but I'll do it as soon as I could to send It back to sender, registered.
     
  6. Herry Tayat

    Herry Tayat Member

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    I've sent the item plus the invoice back to sender (got the address from the invoice), registered, cost: $27.20. (28/05/15 10:47 am).
     
  7. Darren Fletcher

    Darren Fletcher Active Member

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    Nice one. A shame to be out of pocket, but I do hope that is the end of that!
     

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