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Customer Question
First may I say...

First may I say thank you for the opportunity to write to you. We are with Telstra on the medium bundle. I requested a silent number and they cancelled my bundle, I first wrote to them on the 30th of March, it is still ongoing. sadly this is not the frst time regarding issues with them. If we break our contract, are we up for considerable costs. With the deepest respect, Yvonne Keenan.

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

Am in Western Australia, they have admitted it is there problem, but still none the wiser.

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

Only spoken to Testra and a case manager, They asked me if I had contacted any one else in regards ***** ***** problem. I have written to them stating that the fees should not apply. I have spoken to many, each with a new explanation.

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

On the 7th of December, my husband was admitted to hospital very ill. We live in the south west of WA. Our mobile does not work as we live in a flat spot. They disconnected my entire service when I was in credit to Telstra. Please imagine a lady of 68 screaming to Telstra on a pre paid mobile in the bush opposite our home asking for it to be put back on as I do not drive and my husband of fifty years, I cannot know how he is doing or contact family. They said, it would take two weeks to put it back on with no explanation. I threatened to call you, or complain to our local paper. All was back on with in thirty minutes. I am tired of arguing with them. I am 68 and had enough. I have never been in default with them, and all bills are paid on time. Many thanks Yvonne Keenan

Submitted: 4 months ago.Category: Australia Law
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Answered in 7 minutes by:
4/12/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,543
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 4 months ago

Yvonne 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 their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

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 where goods or services have not meet the requisite standard. The seller can either 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 the local court or SAT.

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

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 contractor 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.

You have a legal right to protect your interests in this important situation.

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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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.

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