WA Readers Digest Sent Book Without Asking - Now Debt Collectors?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
28 February 2015
3
0
1
Readers Digest had sent me a book called "Foods that Harm" without my request/subscription and they are asking payment for that. I told them I don't need it and asked them to take it back, but they keep on disturbing me, and now they've handed it over to debt collectors.

Where should I complain about this, either in the Australian Consumer Law forum, or initiate legal action against them?
 

Ponala

Well-Known Member
10 February 2015
212
21
654
Must someone who receives unsolicited goods or services pay?
Someone who receives unsolicited goods or services does not have to pay for those goods or services. They also do not have to pay for any loss or damage to the goods, or due to supply of the service. However, they may have to pay compensation if they wilfully and unlawfully damage unsolicited goods within three months of receiving them. This three-month period is called the recovery period. The supplier can recover the goods within this time. The recovery period reduces to one month when the recipient gives written notice to the supplier. This notice must state: > the recipient’s name and address > that the goods are unsolicited and the recipient does not want them, and > where the supplier should collect the items. The recipient can keep unsolicited goods not collected within the recovery period, without any obligation to pay. The supplier cannot take action to recover the uncollected goods. However, the recipient cannot: > keep goods they knew were not intended for them – for instance, if the package was clearly addressed to another person > unreasonably refuse to allow the supplier to collect the goods during the recovery period.

http://www.consumerlaw.gov.au/content/the_acl/downloads/sales_practices_guide_dec_2011.pdf
 
  • Like
Reactions: Ivy and Paul Cott

Ivy

Well-Known Member
10 February 2015
498
87
789
28 February 2015
3
0
1
thanks Ponala and Ivy. I have lodged a complaint with dep. of commerce consumer protection.But debt collectors are threatening that they are going to the court to enforce GARNISHEE ORDER or by WRIT OF EXECUTION. What is it? are they going to hang me?
 

Ivy

Well-Known Member
10 February 2015
498
87
789
Hi Pius,

A Garnishee order allows claimants (in this case the debt collectors) to recover money from your pay, bank account or people who owe you money. A Writ of Execution allows a Sheriff or similar to take possession of one or more items of your property. These item/s are sold the proceeds are used to repay the debt.
 
28 February 2015
3
0
1
Hi Ivy,
Good on you Ivy,thousands of thanks and could you please tell me whether at this stage should I authorise a lawyer to represent me toavoid the risk of being ex-party. Court won't issue a verdict without allowing a chance to the accused to air their/his views! Am I right?
 

Ivy

Well-Known Member
10 February 2015
498
87
789
Hi Pius,

Yes, I suggest that you contact a lawyer.