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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5578
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have purchased an Ultiqa membership with my husband. We

Customer Question

I have purchased an Ultiqa membership with my husband. We paid the balance outright at total of$25,000. The membership is not what we though it was, they sold it to us while I was holidaying before undergoing cancer treatment. Legally how can we get our money back and leave this scam?
JA: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.
Customer: are you able to help with this question or not? I am feel like I am now being scammed by you!
JA: No. I'm the Lawyer's Assistant. Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: It was purchase in QLD purchased
JA: Have you talked to a lawyer yet?
Customer: Not yet.
JA: Anything else you think the lawyer should know?
Customer: Yes, the company does not actually provide you with access to the site to check out the membership you have purchased until after the cooling off period has expired. In addition they do not provide you with any information regarding the cooling off period.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Daniel replied 10 months ago.

Hello

What is the issue with respect of the holiday membership?

Customer: replied 10 months ago.
The issue is that,the holiday membership is no were near what we were led to believe it was, there are continued up keep cost and my husband and I would like to cancel our membership and get some of our money back considering we have not used any of their services. I just want to know legally how I could go about cancelling this membership.Kind Regards,Haley
Customer: replied 10 months ago.
What should legally be able to expect from this company in terms of asking for a refund and to cancel our membership?
Expert:  Daniel replied 10 months ago.

Hello

As you were promised something so very different to the contract, it would render the contract invalid.

Its called the legal doctrine - non est factum. Latin for 'this is not the deed'

What can you do?
Send them an email demanding repayment as they did not attend to their side of the contract that was assured.

If they do not accept, file an application to QCAT.

http://www.qcat.qld.gov.au/

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Customer: replied 10 months ago.
Which application would I need to file with QCAT?Kind Regards,Haley
Expert:  Daniel replied 10 months ago.

Hello
Upon reflection, it would be more appropriate to perhaps file in the Magistrates Court.
http://www.courts.qld.gov.au/__data/assets/word_doc/0010/92899/Form-16-Statement-of-claim-UCPR.doc

The form above is what you use.

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Expert:  Daniel replied 10 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Please click accept / rate my service. I am able to answer further questions after doing so at no further cost to you