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My son is 3 year old I wanted to put him 3 year kinder so I…

Customer Question
Hi my son is...

Hi my son is 3 year old I wanted to put him 3 year kinder so I went to good start early learning they asked me birth certificate . I provide them my son’s birth certificate and then they didn’t informed me that they don’t have 3 year kinder service . They just put my son in 4 year kinder and they asked me to pay $100. Which I have paid and last year my son just went one day and they direct debit from my account $452 . I asked them to give my money back because my son didn’t went there. But instead of that they sent me recovery letter to pay more $122 .please help now everyday am calling them and they answer my phone.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Am in Victoria in Ballarat

Lawyer's Assistant: Has anything been filed or reported?

No mam it’s been more than 1 month I have been calling them even though many time I ha e visit but I don’t listen just everytime apolised

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am just asking them that why you guys didn’t inform that in your center you guys can’t provide 3 year plus kinder but they just mute

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
3/8/2018
Solicitor: Leon, Solicitor replied 1 month ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,267
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 1 month ago

Good Morning

Did you sign anything with them?

Did the document refer to anything relating to what you had agreed being a 3yo Kinder service?

What you signed did you consent to them taking the money?

Do you have the agreement you signed with them?

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Customer reply replied 1 month ago
I think for direct deposit I did sign
Customer reply replied 1 month ago
But last year my son just went for one day
Customer reply replied 1 month ago
they direct debit $452 from my account
Solicitor: Leon, Solicitor replied 1 month ago

Good Morning

If you specifically asked them if they provided a service for 3yo children and they indicated they did, and they did not then you have been mislead.

Whether he goes one day or not, what you have signed has given them the right to charge you.

Having said that with them misleading you, they have breached the Australian Consumer Laws and you have a right to get your money back as they cannot provide the service.

Here is a link from the ACCC that sets out the law in Australia as a whole

https://www.accc.gov.au/business/advertising-promoting-your-business/false-or-misleading-statements

You can send them a letter setting out how you were mislead and that they do not provide 3yo Kindergarden services and that they have breached the law.

If they do not refund you then you will take the matter to VCAT

VCAT deals with these matters in Victoria

They cannot provide the service and therefore they should refund your money and the law is on your side.

Hopefully it will not have to go to VCAT.

You are entitled to a refund based on the fact they lied to you

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Solicitor: Leon, Solicitor replied 1 month ago

Good Evening

I am just following up my last post.

Have I provided you with an answer to your question or is there something more you wish to ask?

I look forward to hearing from you.

Regards

Leon

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Leon
Leon, Solicitor
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Satisfied Customers: 46,267
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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