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credit card disputes/small claims?

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  • credit card disputes/small claims?

    Has anyone ever filled one? Is it usual for them to do nothing if the payment doesn't refer to an unauthorised payment and is more about t's and c's? Sent them a ton of correspondence, looks like they didnt read it and just declined the dispute on grounds of them being good guys..


    I got ripped off by a transport company. Long story short, I paid for collection on a Monday on the preceding Friday (quote done during the week). Figured it was unlikely but if the system was letting me book it then maybe they do regular runs. From 3.40pm the day I booked they weren't answering phones. Claimed to be closed - no idea if true or not, they have no location on their website.


    I called Monday morning and said if it can't be collected by the date then not to proceed as I'd get charged storage fees and had an alternative.

    They said they are arranging it and will let me know.

    They proceeded anyway and an hour later gave me a date of 3 days later and said if I wanted to cancel it would be $150 as stated in their t's and c's, plus another $110 (nowhere in their t's and c's) because it's what the transport company charge. The company transporting it also had a 48 hour lead time - again, nowhere in the T's and C's.

    Sounds petty but

    1) They couldn't adhere to the date that their website let me book. I get that logistics aren't straight forwards but it was my only requirement.
    2) I got in touch before they had booked it to stress the importance of collecting Monday, aware of this they proceeded to book on a different date so they could charge me a cancellation fee.
    3) The additional $110 is not in their t's and c's ANYWHERE. It's their cost of doing business, not a cost to me.


    Mastercard cannot (will not?) help as it refers to terms and conditions not unauthorised payments etc.

    It's only $260, but I've been stuffed around by companies that cant be arsed and are out for a buck the whole week and have had enough, will gladly spend another $260 to make sure they don't keep a cent. (they have no location, address etc on their website). Not to mention the sheer arrogance of the guy I spoke to on the phone.

    Do consumer affairs actually do anything other than 'advise' or is it a go straight to small court jobbie? Is there any avenue for them to spend a silly amount of money on it and come back to me for ''court costs''?

    bah so many shysters out there...
    Last edited by Jaw; 10-07-2017, 08:50 AM.

  • #2
    Oh herro.

    There's a process.

    1. Call Consumer Protection. They'll offer advice, but then get involved in trying to negotiate a resolution with both parties as "nice guys".

    2. Once that inevitably fails, lodge a Small Claim online with the Magistrates Court of WA.

    The issue you might have is the same one I'm having - getting the papers served. In your case it's not possible to hand over hard copies if you don't have an address for the papers to be delivered.

    Being Small Claims there are no lawyers involved, so no go to them being able to claim for Court costs.

    It'll be about $170 to lodge the claim and about $70 for bailiff's to serve the papers. They're both claimable if you win.
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    • #3
      Originally posted by Loud View Post
      Oh herro.

      There's a process.

      1. Call Consumer Protection. They'll offer advice, but then get involved in trying to negotiate a resolution with both parties as "nice guys".

      2. Once that inevitably fails, lodge a Small Claim online with the Magistrates Court of WA.

      The issue you might have is the same one I'm having - getting the papers served. In your case it's not possible to hand over hard copies if you don't have an address for the papers to be delivered.

      Being Small Claims there are no lawyers involved, so no go to them being able to claim for Court costs.

      It'll be about $170 to lodge the claim and about $70 for bailiff's to serve the papers. They're both claimable if you win.
      Oops missed your message, cheers mate!

      Consumer protection seems to not be an option as it was done through my business. Bah. So seems I skip straight to 2!

      How are you getting along with yours, any joy trying to hunt him down?

      Good to know that I'll be limited to the $170. The claim is only $260 - 100 is definitely mine, the extra Should be if they were being reasonable.. Tempted to chase it out of principle more than anything, happy to write off the $260 but why should I.. Maybe it's just me being petty...

      I suppose I'll be able to track an address down through their web registration details or asic..

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