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QLD Seller Agreed to Refund Money - It's Been Over Two Months?

Discussion in 'Other/General Law Forum' started by danielleb, 17 June 2015.

  1. danielleb

    danielleb Member

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    I contacted a goat breeder in NSW through Facebook and agreed to purchase two goats (she was aware that I was in QLD). I then paid her for them and planned to pick them up in two weeks. However during this time I discovered that there are biosecurity restrictions on bringing dairy goats from NSW into QLD and because of these restrictions I would not be able to legally bring the goats home.

    I contacted her and explained all this and she agreed on the 15 April 2015 to return my money. Having not received it I contacted her on 29 April, it showed that she hadn't read my message (but as she had friended me on Facebook I had seen that she had been on FB during this time). I then emailed her as well and still received no response.

    She finally replied on 16 May stating that she had just gotten out of hospital after a car accident, she apologised and said that she would return my money that week. Again not receiving the money, I contacted her on 30 May stating that it was more urgent that I receive the money now as I had found other goats I wished to purchase, she again apologised that she had forgotten (blaming a head injury she received during the car accident) and asked for my bank details again to pass onto her daughter so she could bank the money that week.
    Again I didn't receive it so I sent a message to her on 5 June, which showed that she read it but never responded. And again today I have sent another message but haven't yet received a reply.
    What would be my best course of action if she persists under Australian Consumer Law in not sending the money?
    Thank-you.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi danielleb,

    I would start by sending her a formal letter of demand, stating the precise amount that is owing to you based on the agreement that was reached between you and providing a deadline by which the money is to be paid and instructions as to how to pay it. You might also state something to the effect of - if the money is not received by [insert deadline date] then legal action will be taken.

    Check out this blog post on debt recovery: How to Recover a Debt - Useful Tips - Legal Blog - LawAnswers.com.au
     
  3. danielleb

    danielleb Member

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    Thanks Sophea, odd timing, but she's now just told me she's transferred the money to me and send a copy of the receipt :)
     
  4. Sophea

    Sophea Well-Known Member

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    Great! Glad to hear!
     

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