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Yes, there are steps you can take to resolve your dispute without going to the tribunal.
Step 1. Negotiate
You can try to resolve the dispute directly with the trader by calling them or visiting the store where you bought the goods or service.
Before you contact the trader to discuss the dispute you should:
- write down what you need to tell them
- have your receipts, warranty details, any guarantees and other documents handy.
When you talk to the trader you should:
- make a note of the time and date of the conversation
- take down brief details of what was said and the name of the person you spoke to.
You can follow up your call with a letter outlining your conversation and explaining anything you have agreed to.
Step 2. Send a letter
You can write a letter to the trader telling them you have a problem with the service or goods you received and stating what you want done to fix the problem. Keep a copy of the letter for your records.
A sample letter is included.
Who do I write to?
It is important to write your letter to the correct trading entity. The correct trading name should be on the tax invoice the trader gave you when you paid them. You can also look up the business name and Australian Business Number (ABN) on the internet by searching the National Names Index at www.search.asic.gov.au
.This free service is provided by the Australian Securities and Investment Commission (ASIC).
If the trader has a business name
If the trader is an individual or a firm using a business name, you need to look up the trading name to find the correct address and all the business owners' names.
You can get a print-out of these details for a small fee from The Office of Fair Trading's business names and addresses register. Find your nearest office and the current fee by searching on the internet at http://www.fairtrading.qld.gov.au/ or call 13 13 04.
If the trader does not have a business name
If the trader is an individual and doesn't have a business name, write your letter to the individual, using their full name and street address.
If the trader is a company
If the trader is a company you need to find out the full company name, its company number and its registered address.
You can get these details by doing a company extract search at an ASIC service centre. These searches are normally done by an information broker. To find an information broker or your nearest ASIC service centre go to www.asic.gov.au or call (07) 3867 4900. The website also has information about the latest search fees.
Step 3. Complaint processes and dispute resolution schemes
Some traders have a complaints process you can use to have your complaint assessed by someone in the company.
Many are part of industry schemes that can resolve disputes.
Sample letter
9 November 2006 165 Nealdon Street
Holland Park Qld 4121
Ph: 3264 333
The Manager
SuperBest Quality F & W Pty Ltd
121 Grosvenor Avenue
Chermside Qld 4032
Dear Manager
Re: Complaint about new couch
I bought a new four-seater Missini couch (model number 321) from your Everton Park store on 6 November 2006 for $1200. I immediately inspected it and found it to be faulty and unusable. The inner springs underneath one half of the couch are broken and two poke out through the foam and cover. The right front corner of the couch, which is made of timber, is also chipped. When you sit on the couch you can feel the springs through the cushions. As a regular customer of your store, I'm incredibly disappointed with the quality of this product and the follow-up service I have received from your staff. The couch does not match the standard of the one I was shown on display and cannot be used by my family. I'm writing to ask you to replace the couch. If this is not possible, I'd ask that your company refund the purchase price, along with the $40 paid in delivery costs and collect the couch at no cost to me. It will benefi t us both if we can resolve this problem without going to court. But if you do not take action and fi x the problem by 23 November 2006, I will review my options and consider taking the matter to court. Yours sincerely
June Willis June Willis |