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

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

danielleb

Member
17 June 2015
2
0
1
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.
 
S

Sophea

Guest
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
 

danielleb

Member
17 June 2015
2
0
1
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
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 :)