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SA Toll Transition Refusing to Pay Agreed Compensation - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Madison, 27 August 2015.

  1. Madison

    Madison Member

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    This is a long standing issue and I would like help on whether I now progress this with an ombudsman or legally Australian Consumer Law please.

    In January 2010 I moved states and Toll Transitions was the removalists company. I had a lot of damage and theft which they agreed to pay for. They initially paid me about $700, they said the rest would follow when we had worked out quotes.

    I had a $3,000 large professional picture which they tried to take to the local Snap printing but I showed them the copyright so they agreed to replace it but never have. I had two unique items which needed quotes. I was told I could not send one off for a quote interstate until I had found someone to do the other.

    Long story short, I couldn't find anyone, I kept asking if I could send the first, they kept saying no. Eventually they asked to get the second item valued which I couldn't find anyone locally to do but I then found someone to fix it. I let them know and asked permission to send them away. That was 18 months ago.

    They keep ignoring me. I told them recently I've had enough and this needs to be sorted as they still owe me about $15,000 in money/replaces/fixes. The same manager I had asked previously if I could send the items off responded by saying they have changed their minds and they are no longer taking responsibility for these breakages/thefts and I hadn't asked if I could send them off.

    I have asked them why they have changed their minds and now they are ignoring me again.

    I'm not sure what to do now. Correspondence was by phone and e-mail so I have emails saying all the above, which I've had to supply to Toll Transitions on a number of occasions as they seem to 'lose' them a lot.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Madison,

    This sounds less like a matter covered by Australian Consumer Law. Although it did arise under a service with an Australian company, the matter itself relates to theft and loss during the service and contract matters. Regarding Australian Consumer Law, you can enquire with the SA Consumer and Business Services. They are the government department charged with overseeing Australian Consumer Law and protecting consumer interests in SA. However, I would not be surprised if they don't have the power to look at compensation matters.

    Therefore, you would probably need to commence an action with a SA court (the actual court will depend on the amount you're claiming) or the Civil and Administrative Tribunal ("SACAT").

    When the company agreed to compensate you, did you have this acceptance in writing? And the subsequent correspondence regarding quotes etc. make sure you have a written copy of this correspondence.
     
  3. Madison

    Madison Member

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    Thank you for that, I'll look at progressing it in the civil courts. Yes I have all their agreements in writing, I've kept all correspondence, paperwork and notes in my calendar when we talked by phone.
     

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