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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5599
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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We ordered and paid in full cargo bike from xxxxxxx in

Customer Question

We ordered and paid in full for a cargo bike from xxxxxxx in Melbourne in November 2013. Prior to purchase we specified it needed a electric motor capable of transporting either my husband or I and our two young children up and down our very steep hill
xxxxxxxx was delivered on 23rd February 2014. When my husband took it for a test drive it could not transport him up the hill. He had to push it up, taking 20 minutes. We reiterated that the bike was of no use if it could not work on our hill. XXXX took the bike back
to Melbourne promising to find a solution for us. Each time he found a motor that could work, he subsequently emailed saying it would not work, so on 18th August 2014, nine months from when we originally paid for the bike, we requested a refund. However, we
still do not have a bike, or our money back. Each attempt at getting a refund has been met with delays, reasons and justifications. We filed a complaint with Fair Trading Queensland, and were unable to resolve this issue as his responses were A. keep original
bike/motor B. pay for an upgraded motor (I have repeatedly requested information on a motor that will work, but no response) C. Pay additional fee for XXXX to sell bike I recently re-contacted XXXX to see if we could resolve the issue, however this has also
failed. We paid for the bike in full before delivery, the product didn’t work, he’s reneged on his offer for a full refund, and every communication since is designed to string things out and not be committed to refund our money. He’s now had our $4500 for
15 months and we have no product. We submitted an application to QCAT in January and attached the following to verify our claim: 1. Tax invoice, Direct Deposit Payment Receipt, Photographs and Specifications of the XXXXXXXXX XXXXXXXXXX XXXXXXXXX Bike 2. Summary of
phone calls and texts to XXXX XXXX , with screenshots of text communication. 3. Copy of the complaint with Fair Trading Queensland with an email summary from them with XXXXXXXXXX change of terms We had a mediation with QCAT in March, XXXXX did not show up,
and now have a hearing next Thursday 16th April... Questions 1. Is QCAT the most effective course of action, if not what is? 2 We are in Qld, XXXX is in Vic, do we have to chase him through Vic Courts? If so what is process? 3. What is significance of ASIC
search - one of the mediators at QCAT suggested we do an search to verify company details... my application to QCAT is in my co. name and his co. name.. though his co. address is different from trading address where I have sent docs. We have
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
1. QCAT is an option.
2. He may well argue that the contract was undertaken in Victoria as the business is located there.
3. ASIC search confirms the company details, if they are registered and the like. You should name all business names / company names / owners name on all court documents.
Perhaps, as you have now filed in QCAT make them propose a settlement, as in the event that it is dealt with in Victoria, will be the same result. If you can prove that they have promised a refund, then they should settle and delaying the inevitable.
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