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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Where do I start? I pay $210 at our family daycare child who

Customer Question

where do I start ? I pay $210 at our family daycare for my child who is in there full time. we pay $210 per week and sometimes more if Centrelink doesn't pay half due to reasons .
so this all started 2 years ago around Christmas time - I was billed for $870 and I was a bit confused as to how this was the amount but I paid it anyway. when I go to do some investigating they over charged me $500 odd dollars. when I asked for the refund I was told I had to wait until the following January, which I did.
Then this is where its gets funny - they tried to do the same thing this year for over $1000! I was a little more clued up and argued the situation. I rung my bank and they confirmed $588 was deposited to a company they must use called 'ezidebit'. when I told them that they had no apologies nor explanations as to how I was being overcharged ?
but I was charged $504 the following week to catch up because I wanted to stop payments until this was sorted and it failed and I get charged $9.90 everytime the payment fails. Now here is my problem with this!
I had a little over $400 in my specific "childcare account" which I automatically set up to transfer $210 each week into this account. they kept charging me $504 which of course they could not get because there is not enough money due to the fact the were trying to take out this $1000 (that I didn't have because I didn't need to pay that much) and I was getting charged $9.90 for each fail. the tried 3 times in one day ! thats $30 ! In total they tried 7 times . so in total I should of had $510 (close to) but because they have overcharged me 7 time it took the $70 I needed for the payment!
i get over-charged and my bank bounces it because i don't have enough money. i get charged a fee of $9.90 each time it fails. they don't email me to let me know it has failed they just try again and again. to pay off the rest of the $504 i have asked to put $50 on top of our weekly payments . i get onto my internet banking and i have been charged $270 ? honestly , how can they keep taking my money out of my account for there stuff ups ? why are they allowed to over-charge me and i get charge the ezidebitfail of $9.90? i need some legal advice .
i cant get ahold of the big manager or accounts director the daycare will not give it to me ? so i have no other choice but to seek legal advice.
Thank You hope it all makes sense :)
Kind Regards,
Krystal Crown
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you have a contract with them and does it set out what the charges will be?

You need ot go back to day 1 and create a spread sheet on what you should be paying based on that and in another column what they have charged you.

The present this to them and demand an explanation.

You have a right to enforce the agreement you have an if they have breached it you can sue them.

Customer: replied 11 months ago.
i have done this not in a spread sheet form but with bank accounts and things

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