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Ask Deborah Awyzio Your Own Question
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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Would you pl ase advise if a 10- day cooling off period is

Customer Question

Would you pl ase advise if a 10- day cooling off period is applicable to all business transactions & purchases?
I would be most grateful if you can help me
***** *****
Ph:(###) ###-####
Email:***@******.***
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Evening

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.

Any contract that has a cooling off period would state there is a cooling off. If there is nothing mentioned in the contract then there is no cooling off period.

The law states that you as the buyer have to be advised of the cooling off before you sign. If you are not advised of a cooling off then there is no cooling off period.

What type of transaction is it. Did they approach you to sell their product? If it is like a door to door sale where you did not invite them to come see you then there is a cooling off period and it varies from state to state.

I hope this makes sense?

Customer: replied 11 months ago.
Leon Ty for responding so quickly
It relates to RACWA Security
They offer a free security assessment & advice relevant than your needs
In December an advisor at my request came to my unit in South Perth
I am single 61 & live alone. I own my unit in strata block of 24
However there are only at most 3 owner/occupiers & high rental turnover & high crime rate. Although my unit I'd on 2nd floor it is easy to climb up & access balcony that has 2 doors entering into unit
I have had so many forced entries with theft & very nervous & wanted to secure
Obviously in my mind I needed to secure balcony, eg. enclose & somehow secure doors & locks
The rep gave me contact details for RAC preferred providers
However, the RAC itself only supplies CCTV cameras
I agreed that was a good option but without first securing balcony & doors was rather pointless as an intruder could simply remove the recorder
He gave me a really hard sell & stated categorically that the recording unit would be hard wired& therefore difficult to remove
I was v stressed & also v busy with pre- Christmas stuff
The advisor pressured me to th extent of meeting me in carp arm near my house, printing required docs from portable printer in his car that I really signed unread
I know that is dumb but I trusted him, or rather the RAC
He also took $700 cash deposit at carpark that was not properly receipted & he said that he was not meant to do this but wanted to make sure I had installation before Christmas
I was uncomfortable but truly being single older woman often find myself a target for unscrupulous behaviour
But again the company name & his assurance that system would be hard wired & the time pressure he applied I signed & paid deposit
The installers came few days later.
Lo & behold I had been misinformed or rather lied to & the recording of was not hard wired & completely at odds with my requirements & his assurances.
Then he went on holiday
He also took copy of my account card details in carpark to enable direct debit of remaining approx $1800 in January
I immediately began the process of trying to get system removed & recover deposit
The Security manager refuses to do so & I had to cancel card to prevent dir ft debit
The advisor lied & denied outrageously & the Managet refused s to consider my evidence & will not meet with me to discuss & I do not k ow where to go from hereCan you advise because the dismissive rudeness of Manager is completely out of line & disrespectful: the advisor is in the right, I sign f to be forms & h refuses to believe or hear my side.
So I do not know where to go from here except that recording box is packed up & unused
Also the installers left a ladder behind & they will not even collect that.
I have pan c attacks & PTSD due to previous breakins, no money to enclose balcony & replace locks & moving out of my home as I feel so unsafe
Please help me if you are able
God bless you
Ann
Expert:  Leon replied 11 months ago.

So they simply approached you and came to your door?

Customer: replied 11 months ago.
No. I have used RAC for many years & have current Roadside Assistance & vehicle insurance. While taking out political change for vehicle I discussed home/ content s insurance as have literally lost many thousands in theft due to break ins.
I was told of the RAC Security free assessment & recommendations so booked for an advisor to attend for such
We spent much time discussing balcony & door security but that is outsourced.
He provided contacts
However. RAC security only supply & make money from installation of CCTV security, I suspect given the pressure & hard-sell approach then taken & that I later find out the advisor is just bout to go on holidays, perhaps they receive commission
To convince me the advisor lied & said monitor would be hard-wired
So basically I agreed to installation of a product on misleading info & with some pressure so the product installed is not as described.
The Manager will not meet me with advisor to put my evidence.
I keep meticulous notes & it is quite ludicrous given our discussion for anyone to believe this system would meet my needs
I just go around in circles with Manager who clearly cares nought for my security & takes the advisors lies as gospel
Hey, single older women are prime targets, no way would he have tried that on a guy or married woman
Expert:  Leon replied 11 months ago.

I am sorry to say there is no cooling off period

If they have mislead you, you can sue them for the miselading and deceptive conduct.

When did all this happen and have they started the installation?

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