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Recovery of Double Payment from Tradesperson?

Discussion in 'Australian Consumer Law Forum' started by John Dee, 31 July 2014.

  1. John Dee

    John Dee Member

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    Following completion of agreed work full payment was made by a transfer of funds from my bank to the nominated bank account.
    I have the initial bank to bank transaction receipt.
    The tradesman reported that the money did not arrive and a cash replacement was arranged and signed for.
    I have the signed acknowledgement of the cash replacement.
    Claiming non-arrival of funds I attempted to reverse the initial transaction.
    My bank investigated the matter and found that the transaction was completed as instructed.
    The nominated tradesman's bank refuses to disclose any details , including whether the money arrived into the nominated account...citing privacy concerns.
    The tradesman concerned denies double payment has been received.
    Is this legally actionable under Australian Consumer Law?
     
  2. John R

    John R Well-Known Member

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    Hi @John Dee,
    1. I recently posted (in a separate question) about the slim likelihood of reversing/recovering an Australian bank transfer - http://www.lawanswers.com.au/thread...ed-bitcoins-from-bitxoin.278/page-2#post-2150
    2. Have you double-checked that the information on the tax invoice (or payment instructions) from the tradesperson matches the bank transfer that you made?
    3. If yes, and the tradesperson refuses to refund the duplicate payment, you may consider issuing a letter of demand. Which state/territory are you located in?
     
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