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Gday. i signed a contract with ashley and martin In Feb this

Answered by:Sydney-Lawyer
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G'day. i signed a contract with ashley and martin In Feb this year. few days after i signed the contract i realised that the treatment wasn't for me due to change in my financial income. i tried to cancel my treatment by talking to one of the so called Doctors but i was told to write an email explaining my i decide to cancel my treatment which i did. the contract never mentioned about cooling off period. never heard from them for last 3 months and i recently found out that i am still being charged for the treatment that i don't even use. i rang them today asking whats the go, and pretty much declined to cancel the treatment. i want to start a legal case against them. where do i stand? your help would be greatly appreciated.

Optional Information:
State/Territory: Queensland

Already Tried:
i've sent them a detailed email why i've deiced to stop this treatment and terminate the contract. i feel as though i've hit a break wall, as it simply means nothing and no results so far.

Submitted: 339 days and 7 hours ago.

Category: Australia Law

Value: AU$83

Status: CLOSED

Expert: Sydney-Lawyer replied 339 days and 5 hours ago.

Good Evening

Do you have a copy of the agreement that you signed?

You have not had any treatment?

Do you also have a copy of the email sent to them cancelling the treatment?

Do you also have the name of you you spoke to initially who told you to email them?

Customer replied 338 days and 21 hours ago.

G'day I have got all of the above details that you've mentioned.

Accepted Answer

Expert: Sydney-Lawyer replied 338 days and 18 hours ago.

Good Morning,

Your 1st point of call is to look at the agreement is signed and see what it says about termination. If it allows you to terminate and you have complied with the terms and conditions then you have a right to assert the contract and request your money back.

If there is no clause setting out there you can terminate because you have had no treatment you should be able to file an application to get your money back on the basis that they have not complied with the contract.

If you do proceed to file an application with the court or to report them to the Department of the trading or the ACCC then you will need to provide details of who you spoke to what you were told and how you complied and follow their instructions yet they have failed to stop collecting any payments and you are out of pocket.

I hope this is of assistance and if so please click on the accept button.

Expert Type	Solicitor
Category:	Australia Law
Pos. Feedback:	96.1 %
Accepts:	16651
Answered:	5/8/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 338 days and 5 hours ago.

G'day again, i just went through the fine prints on my agreement and found that it does say there is no cooling off period on the agreement. are they allowed to have a contract with no cooling off period by law?

Expert: Sydney-Lawyer replied 337 days and 18 hours ago.

Good Morning

They are but if they have explained the document to you they should have pointed it out.

Also if it is a door to door sale then they cant contract out of the law and you have 3 days to cool off.

You also need to look at what it says about termination of the contract. You have not had any treatment and you should be able to get compensated for that or have the treatment.

If they will not assist you then you need to complain to the Department of fair Trading about them and seek a refund.

I hope this is of assistance and if so please click on the accept button .

Customer replied 337 days and 17 hours ago.

Thank you kindly for the heads up. In the contract it doesn't say anything about contract termination. The so called doctor was more keen on signing me ASAP and I felt at that time as though I was pretty much forced to sign the contract. He was arrogant in the way he tested me and never have me a chance to look at the contract thoroughly. When I rang him 2 days ago to discuss my situation he gave me a "good news" that they're happy to take a thousand dollars off the original contract and pay the rest ASAP to call the contract off. To me it sounds extremely unprofessional, and sound like they're out there to rip people off. I'm just wondering weather I should go and see a lawyer soon and see if I can get this issue sorted out sooner than later. The original contract is worth $4,500, which is utterly ridiculous. Any idea as to seeing a lawyer would be much appreciated. Thanks a lot again and look forward to hearing from you soon...

Expert: Sydney-Lawyer replied 337 days and 17 hours ago.

Good Morning

Go take the contract to a Solicitor and get more detailed advise on it.

If you feel coerced to sign the contract and can show the coercion then the contact can be invalid.

Contact the law society of QLD and get a referral:

Their website is as follows:

http://www.qls.com.au/web/Home

I hope this is of assistance and if so please click on the accept button.

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