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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 191
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I signed up with an introduction agency and paid them half

Customer Question

I signed up with an introduction agency and paid them half of the fee ($2500) with the remaining half to be paid two weeks later
After 9 days I decided I no longer wished to proceed... I wanted my money back.. I had not received any introductions and the agency had done nothing for me and were not going to until they revived the full amount from me.
They are refusing to return my money, saying that I have signed a contract..
Does the 10 business day cooling of period apply in this case?
Do I have any legal remedy to get my money back?
Submitted: 1 month ago.
Category: Australia Law
Expert:  kmslaw replied 1 month ago.

Hello my name is***** am a solicitor in NSW who will assist with your inquiry today.

There is no general law on dating agencies except that the Australian Consumer Law under the Competition and Consumer Act 2010 provides that if a consumer guarantee has been given to you and it has been breached, you can claim compensation for your time and money. The way to start this proceeding is to make a complaint to NSW Fair Trading. See here.

So check the paperwork you got from the agency and any terms and conditions on their website for any consumer guarantees in relation to service. If these have been given and you say they have been breached, make a complaint.

I hope that this has been of some help.

Customer: replied 1 month ago.
There is no breach... My question is more that I am trying to pull out of the agreement as I no longer wish to proceed with the service.
I have paid half and they said they would not give me an introduction until I had paid the remain half but in the meantime I have decided that I no longer wish to proceed with the serviceConsidering they have not yet matched me or done anything to warrant keeping the $2500 and I am pulling out 9 days after signing... Am I legally able to do so and ask for a refund?They are refusing to let me out of the contract and refund me
Expert:  kmslaw replied 1 month ago.

the trouble is that the agreement may not have been for you to get matched, the agreement may be in terms and conditions that you have not read that specifies that certain things will be done to match you with someone.

Was it an online service or was it done in person? did you sign a contract? Or did you provide the funds online and tick a box that said that terms and conditions would be accepted?

You will need a breach in order to get out of the contract and you will need to know what the terms of the contract say about a cooling off period because there is no cooling off period at general law. Cooling off periods are only available for contracts that give the purchaser that right and contracts for sale of land.

Expert:  kmslaw replied 1 month ago.

Hello, did you see my message from yesterday? Please let me know by rating my service, otherwise I do not get paid for what I did for you.

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