QLD Refund refused and I was misled

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MrsC

Member
15 January 2019
1
0
1
I was phoned regarding a competition I had entered on FB, and though I didn’t win, I was offered a discounted place at a coaching event in May. I said that I wasn’t sure if I would be able to attend and would need to check with my husband, and that I would need to make sure I didn’t have any bookings that day. The guy said “let’s get it set up now and you can cancel if you can’t attend”. So I agreed. I know I shouldn’t have, but they seemed reputable.

So now (well before Christmas) I emailed and asked to cancel. I was debited $500. So I’ve spoken with the company and they have insisted that I have signed a contract and it is non refundable. I haven’t. I was not even made aware of anything being non-refundable. I was explicitly told that I could cancel. I have received no documentation at all outlining any terms and conditions, I have no documentation at all in fact. They are refusing to refund me and are saying their customer service staff wouldn’t have said that. Their terms are no where on their website. And after a week of back and forth emails with support dodging my questions and asking for information I’ve already provided, I’ve spoken to them on the phone (their number wasn’t accessible until I demanded to speak on the phone) they’re saying that there is no grounds for a refund, I agreed to some invisible contract and as their phone calls aren’t recorded I can’t prove I was told that I could cancel.

I have asked for a copy of this contract, and their terms and conditions and they are refusing to provide them. They backfooted and said that I had agreed to a direct debit agreement. I said I only agreed to that as I was told I could cancel! And when agreeing to be debited nothing was mentioned about lock ins, refunds, cancellations etc. he just asked for my card details. That is it.

I have no idea what to do now. I’ve been so misled and I feel like I’ve been scammed. Do I have a leg to stand on? Is there anything I can do?

Extra info, I’m in QLD and the company is based in Perth.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
1. Contact your bank immediately and make sure that no further debits occur.
2. Ask your bank if they can reverse the payment - explain what has happened and that you intend to lodge a formal complaint for breaches of the ACL.
3. Lodge a complaint with the ACCC. Scam or not, this type of conduct is illegal and it will keep occuring unless people report it.
4. Never give personal details to anyone from facebook or any other social media - especially bank account details.