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We have not been charged for electricity for over 2 years…

Customer Question
We have not been...

We have not been charged for electricity for over 2 years and now have received a bill for $2500 dating back to April last year. What can we do?

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

Victoria

Lawyer's Assistant: What steps have you taken so far?

None

Submitted: 2 months ago.Category: Australia Law
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Answered in 7 minutes by:
4/1/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,089
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

You will have a claim under the Australian Consumer Law based on the facts that you have described. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All sellers warrant that goods or service are acceptable for the use of service:

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

Seller has several options they can provided: repair, replace, refund, compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in VCAT.

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

If you need any further information please let me know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

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Customer reply replied 2 months ago
Is it true they cannot bill for more than 9 months?
Solicitor: John Melis, Lawyer replied 2 months ago

that is not correct.

the service provider needs to bill on a regular basis which monthly or quarterly.

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Customer reply replied 2 months ago
Ok so do we stand a chance by a letter of complaint....considering we were complicit by not informing them.
Solicitor: John Melis, Lawyer replied 2 months ago

yes you do, and this is the correct to proceed with issuing a formal complaint.

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Customer reply replied 2 months ago
Ok thanks, ***** *****
Solicitor: John Melis, Lawyer replied 2 months ago

you are mot welcome

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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