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Rules on Refunds in NSW? Anyone know?

Rules on Refunds in NSW? Anyone know?

Old Oct 21st 2010, 3:33 am
  #46  
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by TiddlyPom View Post
Ok, the issue has been referred to Fair Trading. I filled the online thing in, nice and easy. Cost me nothing.

A rep will get back to us in 24 hours.

We received a letter by email this morning, from the business concerned.
They addressed none of the issues I had raised. In fact, they completely ignored everything I had said.

Their letter says if we're having trouble paying (nope) that they will hold the item, or we can pick it up on Sunday this week.

I specifically asked them to cease work on the item. However, this new letter states that they are finishing the product, without my consent.

They say we can pick it up, or go to tribunal. They say that they'll sell the item if we don't take it.
So they're planning on taking my deposit, which paid for the materials, and then selling the item full price again in their business if I don't take it.
So they're double dipping, in effect.
They also said no further correspondence will be entered into, even though I'd like to keep talking.

Anyway, it's all with Fair Trading now.
Best of luck TP!
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Old Oct 21st 2010, 3:49 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by LouiseR View Post
Best of luck TP!
Thanks lovely. Sure it will be fine.

They provided no tax invoice, no design work, no nothing.

They've increased the price because they forgot what the original deposit was for. I suspect they've lost the original document. The original deposit was actually for the first and second part of the process inclusive.
But they think it's only for the first part and they're defending this.

I imagine this will all come out in the wash. I believe reading the FT site that they had to provide all the paperwork that went with this from the start but they didn't.
They also failed to deliver in a timely manner.
I think that this covers our right to ask for our money back so we'll see what they say.

I like the FT site. When you make a complaint, you can upload all the correspondence to them too, so we've sent all the letters and emails with our complaint. So far, so good.
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Old Oct 21st 2010, 4:10 am
  #48  
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Default Re: Rules on Refunds in NSW? Anyone know?

Its the one thing that gets my goat is businesses taking your money and not delivering service! and people lying as well :curse:
I hope you get it sorted and that horrid man gets his deserves (opps got carried away with it i was thinking about my ultratune man as well )

Goodluck
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Old Oct 21st 2010, 4:29 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by LINDZI View Post
Its the one thing that gets my goat is businesses taking your money and not delivering service! and people lying as well :curse:
I hope you get it sorted and that horrid man gets his deserves (opps got carried away with it i was thinking about my ultratune man as well )

Goodluck
Yes, it sucks. As does your Ultratune man. Thanks, we'll see how it goes.

They're hoping I'm just going to roll over. They don't know me very well.
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Old Oct 24th 2010, 12:57 am
  #50  
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Default Re: Rules on Refunds in NSW? Anyone know?

This becomes more priceless.

Last week, I told the guy before I went to FT, to write me a guarantee to promise the work would be finished by this Sunday.

On the Monday, after speaking to FT, I told him to stop working on it.
They replied saying that the guarantee was now void.

In their next and final email they said that in accordance with the guarantee, they were going to go ahead and finish the product.
So they voided the guarantee and then re-instated it. They also ignored my email to them totally.

I've just had a phone call saying 'The product is ready for collection'.

Said 'Well that's just dandy, but I asked you to stop working on it'.

He replied 'Well as per our guarantee, we finished it',
'But you voided your guarantee. You said that in your email to us. You can't void a guarantee and then re-instate it because it suits you.'
'Well, it's ready'.
'Right. Ok!'

They're insane.
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Old Oct 24th 2010, 1:39 am
  #51  
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Default Re: Rules on Refunds in NSW? Anyone know?

>>They're insane.<<

No, the reality they are inhabiting is the NSW reality.

*You*, on the other hand, haven't yet fully entered the NSW reality.

Clear now? <g>.
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Old Oct 24th 2010, 2:10 am
  #52  
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by TiddlyPom View Post
This becomes more priceless.

Last week, I told the guy before I went to FT, to write me a guarantee to promise the work would be finished by this Sunday.

On the Monday, after speaking to FT, I told him to stop working on it.
They replied saying that the guarantee was now void.

In their next and final email they said that in accordance with the guarantee, they were going to go ahead and finish the product.
So they voided the guarantee and then re-instated it. They also ignored my email to them totally.

I've just had a phone call saying 'The product is ready for collection'.

Said 'Well that's just dandy, but I asked you to stop working on it'.

He replied 'Well as per our guarantee, we finished it',
'But you voided your guarantee. You said that in your email to us. You can't void a guarantee and then re-instate it because it suits you.'
'Well, it's ready'.
'Right. Ok!'

They're insane.
So what now, are you gonna accept the product or?
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Old Oct 24th 2010, 4:40 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by Jen1977ni View Post
So what now, are you gonna accept the product or?
Nope. I told them to stop work on it. They've delayed the whole thing from the get go!

They hope I'm going to forget my hissy fit, stroll in there, accept their complete incompetence and purchase the item.

However, remember now we've got a quibble about the price. They've forgotten they took a deposit for the first and second part of this commission. They just think they've taken deposit for the first and so as such, if I go in and get it, I'll have to pay more than agreed.
Not only have we a quibble about the price, but I told them to stop work on it.

They think that being all nice about it now, I'll simply forget their terrible service and poor excuses. They're also possibly unaware that we've taken it to Trading Standards but that will change next week.
We can't pay more than what was agreed.

TS need to sort this out for us.
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Old Oct 24th 2010, 4:55 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by TiddlyPom View Post
Nope. I told them to stop work on it. They've delayed the whole thing from the get go!

They hope I'm going to forget my hissy fit, stroll in there, accept their complete incompetence and purchase the item.

However, remember now we've got a quibble about the price. They've forgotten they took a deposit for the first and second part of this commission. They just think they've taken deposit for the first and so as such, if I go in and get it, I'll have to pay more than agreed.
Not only have we a quibble about the price, but I told them to stop work on it.

They think that being all nice about it now, I'll simply forget their terrible service and poor excuses. They're also possibly unaware that we've taken it to Trading Standards but that will change next week.
We can't pay more than what was agreed.

TS need to sort this out for us.
Good! You go girl, you're just right, what a nightmare, but at the same time you must be busting to get it all sorted and have the product home! lol
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Old Oct 24th 2010, 5:53 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by Wol View Post
>>They're insane.<<

No, the reality they are inhabiting is the NSW reality.

*You*, on the other hand, haven't yet fully entered the NSW reality.

Clear now? <g>.

Ohhhhhh...

If this is their reality, I am not sure I want to enter it. I quite like the European management style reality that I live in.

Originally Posted by Jen1977ni View Post
Good! You go girl, you're just right, what a nightmare, but at the same time you must be busting to get it all sorted and have the product home! lol
Yes, well we were quite looking forward to having the product home for my 40th birthday, but that's well gone by now.

Next week should be interesting.
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Old Oct 24th 2010, 6:16 am
  #56  
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Default Re: Rules on Refunds in NSW? Anyone know?

Looking at this a different way, as I often do do you still want the finished product?

If so is there no way that, with TS help, you can come to a mutually satisfactory agreement where you get the product you want and he makes some money on it?

It's shocking service I agree but the way I see it, currently you both lose out.
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Old Oct 24th 2010, 8:05 am
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Default Re: Rules on Refunds in NSW? Anyone know?

I had cause to call the TS earlier in the year- they were brilliant, they gave me total confidence in my rights and what action to take.
I was in the position of having had the runaround from the manufacturer and I was totally fed up with the 'ooh we need to speak to head office' or 'we'll get a new part for you' or 'we'll send someone out to look at it again' etc etc. I totally lost confidence in the product and having paid £5000 for it -I didn't want it repaired I wanted a new one or a refund! I spoke to TS they said I was entitled to either a repair, a replacement or if still unsatisfied a refund. As my attempts at getting a repair was unsuccessful I got a refund from the shop where I bought it (after telling them I had spoken to TS and they told me my rights as a customer).
One interesting thing I didn't realise was if you buy say, a tv and it doesnt work, its the shop where you bought who is the one that is responsible for sorting it out- dont let them give you the number of the manufacturer and tell you that you need to call them- it's the shops reponsibilty.
good luck with your situation TP!
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Old Oct 24th 2010, 9:04 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by Seasider View Post
Looking at this a different way, as I often do do you still want the finished product?

If so is there no way that, with TS help, you can come to a mutually satisfactory agreement where you get the product you want and he makes some money on it?

It's shocking service I agree but the way I see it, currently you both lose out.
No, I don't want it. I don't want to look at it every day and think of them. I did offer to take the unfinished product to another craftsman, but they have gone ahead and finished it.
Here's how it goes...
Aug 31 - Deposit paid
21 Sept - product delivery date
22 Sept - Query sent as product state
Told 'it's coming'.
1st October - he admits to me in a business meeting for anther matter that he's not even started.
4th October - send notification that I'm not happy about time it's taking.
4th October - he tells me it's nearly ready.
6th October - Another enquiry
Once again told 'it's nearly ready'
Numerous enquiries on his FB product page...
All answered with 'it's coming'.
10 October - he rings on totally different matter and doesn't mention product
16 Oct - I go into shop to express dissatisfaction but he presents me with semi working model, though the thing is the wrong size.
17th October -Ask for money back. He refuses.
21st -receive email saying that he's going ahead and finishing the thing despite our requests that he stops.
He also raises the price by $900.



There's not a cat in hell's chance this will be sorted out by us. They have refused to talk any further to us on this matter.
They admitted in email that they've taken our deposit and spent all but $3 on materials. This is our offered refund.
So basically they're going to take our materials which we have paid for, and then re-sell the product on their own admission for the same money again!

No way! I can get another of these if I go down into Sydney. Wish I'd done that in the first place but thought to give the local business a chance.
If we get the deposit back, we lost nothing.




Originally Posted by squeezzii View Post
I had cause to call the TS earlier in the year- they were brilliant, they gave me total confidence in my rights and what action to take.
I was in the position of having had the runaround from the manufacturer and I was totally fed up with the 'ooh we need to speak to head office' or 'we'll get a new part for you' or 'we'll send someone out to look at it again' etc etc. I totally lost confidence in the product and having paid £5000 for it -I didn't want it repaired I wanted a new one or a refund! I spoke to TS they said I was entitled to either a repair, a replacement or if still unsatisfied a refund. As my attempts at getting a repair was unsuccessful I got a refund from the shop where I bought it (after telling them I had spoken to TS and they told me my rights as a customer).
One interesting thing I didn't realise was if you buy say, a tv and it doesnt work, its the shop where you bought who is the one that is responsible for sorting it out- dont let them give you the number of the manufacturer and tell you that you need to call them- it's the shops reponsibilty.
good luck with your situation TP!
Thanks S. Ours sounds kind of similar. I'll let you know how it goes,.
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Old Oct 24th 2010, 9:16 am
  #59  
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Default Re: Rules on Refunds in NSW? Anyone know?

>>Wish I'd done that in the first place but thought to give the local business a chance.<<

In my experience that's exactly what so many (not all) 'local" businesses rely on.

Our local paper often has readers' letters from Sydneysiders and the like, complaining about poor service, unhelpful staff and closed shops: they are usually answered by local worthies who seem to live in a different universe and are unaware that a lot of *our* world has moved on, and that the customer actually pays for the service, not the other way around.
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Old Oct 24th 2010, 11:14 am
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Default Re: Rules on Refunds in NSW? Anyone know?

Originally Posted by Wol View Post
>>Wish I'd done that in the first place but thought to give the local business a chance.<<

In my experience that's exactly what so many (not all) 'local" businesses rely on.

Our local paper often has readers' letters from Sydneysiders and the like, complaining about poor service, unhelpful staff and closed shops: they are usually answered by local worthies who seem to live in a different universe and are unaware that a lot of *our* world has moved on, and that the customer actually pays for the service, not the other way around.
It's a sad state of affairs. I have to say that local Blue Mountains businesses seem really on the ball most of the time. There's the odd one or two here and there but generally, we get great service up here. It may be due to tourism but these are local services for people who live here I'm talking about.

I hope it resolves ok.
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