Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I started a investment account with OT Capitol in Melbourne…

Customer Question
I started a investment...

I started a investment account with OT Capitol in Melbourne in January this year and invested $8000.00 with them. I subsequently lost 3000.00 and have a current balance of $4981.18 in my account number 80624155 and have been trying to withdraw my money since the 28th of January and all i get in reply is a email saying that you withdrawal will take 60 days, no real reply's and i am totally distraught and don't know what to do. They don't deny owing me the money just keep sending me emails that say day you withdrawal will take up to 60 days and this has been going on for ninty days. my car is broken down and i need the money to fix it and can't seem to get anywhere.

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

No i dont know who to go to to get help, i have had to go back to work and i am a pensioner to pay to get my car fixed and live in WA, Geraldton.

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

Only just been emailing them regularly to try and get my money but no results.

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

Just want my money, how do these big companies get away with this kind of behavior.

Submitted: 21 days ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
5/29/2018
Solicitor: John Melis, Lawyer replied 21 days ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,054
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 21 days ago

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

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.

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 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.

OT Capital 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.

Have I answered your question today ?

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,054
3,054 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I bought an car from interstate "western australia" im from
Hello i bought an car from interstate "western australia" im from south australia adelaide so for me to beable to regsteir it here i had to get an id check when i had taken my car to the id station th… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
We are a tech startup which has basically an online
Thank you, ***** ***** a tech startup which has basically an online directory. To launch we are looking at doing what Google and others have done with business listings, in adding businesses and allow… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I'm a descendant of Godwinson how do I challenge the current
I'm a descendant of King Harold Godwinson how do I challenge the current Royal family line of succession. … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
We have bought Professional Indemnity Insurance through a
We have bought Professional Indemnity Insurance through a broker. Do we have to pay in full the broker fee they charge or can we pay only some of it. Ann … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I loaned a so called friend $3000 over 3 years ago with the
I loaned a so called friend $3000 over 3 years ago with the promise of repayment within 6 months. Repeated emails. phone calls and a home visit have brought no response. My last email indicated I woul… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I have just have a solar connected thru origin. how do i
i have just have a solar connected thru origin. how do i know they are giving me a right deal … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I was scammed on 1/6/June 2018 where I unwittingly gave them
I was scammed on 1/6/June 2018 where I unwittingly gave them my account details. I phone the bank as soon as I realized what I had done. They have asked me to do an Acorn report, which this is part of… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I renewed my lease in February (after 2 years) requesting
Hi - I renewed my lease in February (after 2 years) requesting from the Landlords Agent a six month lease. Documents were signed and a copy of the lease emailed to me from the Landlords agent advising… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
If my car runs into my home and does structural damage am I
If my car runs into my home and does structural damage am I correct in thinking the comprehensive insurance policy of my car will deal with both damages to the car and the house. Also I have been info… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
How often does the empolyer have too put salary sacrifice in
How often does the empolyer have too put salary sacrifice in too there super fund ? over the last 8 months i have put a lot in but there has been little put in . … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I was sexually abused by my cousin when i was 4 by my 16year
I was sexually abused by my cousin when i was 4 by my 16year old cousin i wa later raped when i was 21 resulting in obortion i have PTSD due to the events and the phycosis that comes with having paren… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
My car got some oversprsay on it damages around $1000.00. I
My car got some oversprsay on it damages around $1000.00. I tried to call the contractor where we stay overnight he hang up 3 times and say he is not going to pay it. We phoned then the bodycorporayte of the building they said contractor is responssble for it. So its backwards and forwards. Can you please assist me on this. … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
Going through a custody case atm and my ex has now thrown in
Hi going through a custody case atm and my ex has now thrown in paternity. we are waiting for dna to come back as interim orders were adjourned until result comes in. My baby is 2 yrs old and i was a … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
My fiancé and I had a very sever fight a couple months ago,
Hi there. My fiancé and I had a very sever fight a couple months ago, where she assaulted me and I called the police to prevent myself (the Male) from retaliating and hitting her back. Now the police … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I'm self-represented and require clarification with a
I'm self-represented and require clarification with a special leave to appeal notice to the high court on the following: A concise statement of the leave or special leave questions said to arise. What… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
My son received a notice from a debt collector with respect
Hello Pearl, My son received a notice from a debt collector with respect to unpaid toll notices. He had not previously been sent a Toll Notice nor a Final Toll Notice for these tolls. All up there wer… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Thank you for helping. Perth, WA - Tenancy Act, regarding
Perth, WA - Tenancy Act, regarding release of bond. … read more
John Melis
John Melis
Lawyer
3,054 satisfied customers
I have auditory processing disability. I was handed in
I have auditory processing disability. I was handed in letter by employer on 14 June 2018 to come to meeting 18 May 2018. I asked for them to provide correct meeting date, they ask for me to come tomo… read more
John Melis
John Melis
Lawyer
3,054 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x