Getting money back

**Wolf** · 13th February 2006, 14:22

On Thursday we paid $102 to a phone reconnection company - 2 months in advance, $20 prepaid tolls and a little extra for additional facilities on the phone line - and they said it'd be connected for us in a few working days.

Over the course of the weekend our situation changed such that we no longer need them to connect the phone so strayjuliet called them today to cancel and they informed her that "company policy" states that they do not refund money.

They said they will keep the money so that if we, or members of our family, need their services in future it will be in credit but they will not refund money for a connection they have not made and services that we have not used.

Stray spoke to Citizens Advice Bureau who basically said "they have to refund" and when she phoned back and spoke to the manager she just got a cracked record of "company policy".

It would cost us more paying a lawyer to get the exact wording of the law than we'd get back so we seem to have no way of convincing those buggers that keeping money, for services we are not using, is not on.

As to us or our family maybe needing them in the future: we'd certainly never deal with that particular company again and we'll be cautioning our family to avoid them as well.

Any idea of what we can do? We don't know their licence plate numbers so keying their cars is out of the question.

**Sniper** · 13th February 2006, 14:26

As you havent signed a contract ect with them, threaten them with something like taking them to court or invoking the fair trading act or something big. If its so called "company policy" then they usually back down quite quick. Good luck matey and if you need any work done on their computers, I might know someone.

**Postie** · 13th February 2006, 14:27

consumers rights says you can get a refund, you could threaten the fuckers with fair go, but they probably get that at least 10 times a day anyway. failing that, some pyrotechnics at there main office might convince them, specially if you lock the manager inside till he finds out how to change their company policy

**Colapop** · 13th February 2006, 14:30

Ivestigate the matter in the Consumer Protection Act. I think it says something in there about "if within 7 days .... full refund" The CAB should be able to direct you to the appropriate legislation. Inform the company that you are dealing with of your willingness to take the matter further (even if you have no intention of doing so) and keep going up the ladder (bosses don't like being annoyed by problems that their underlings should have sorted.) There are plenty of Telecomunications people in here - somebody's bound to have the power otr know someone who can help.

**RantyDave** · 13th February 2006, 14:32

Originally Posted by Wolf

It would cost us more paying a lawyer to get the exact wording of the law than we'd get back

Small claims court (sorry, Tribunal). Fill out the form, get a date and inform them of when it is - usually shuts them up in a BIG hurry. 99% of cases don't get to the date.

http://www.cab.org.nz/information/Di..._Tribunal.html

Dave

**skelstar** · 13th February 2006, 14:38

No experience in this but I would say get something written to them in a hurry esp re: the 7 days money back thing. Ringing them up and saying 'fair go' is what everyone else does. Get it in writing and get it formalised right from the start. Shows resolve.

**The Stranger:Me** · 13th February 2006, 14:55

Ok it's going back a few years now, but you used to be able to approach the commerce commission and they would investigate matters which fall under the various consumer protection laws (Consumer Guarantees act, Fair Trading act etc).

That said they generally wouldn't where the rogue concerned had an ombudsman, such as banking and insurance for example. In those cases you had to get the forms from the relavent ombudsman and they investigate it.

From the Commerce Commission Web site...

What We Do

The Commerce Commission enforces legislation that promotes competition in New Zealand markets and prohibits misleading and deceptive conduct by traders. The Commission also enforces a number of pieces of legislation specific to the telecommunications, dairy and electricity industries.

See how you go.

**Wolf** · 13th February 2006, 15:14

Cheers, all. Some great advice.

**NotaGoth** · 13th February 2006, 15:39

No really a similar situation but my old lady brought some stuff once, but the guy in the shop sold her the completely wrong item for the job that needed doing.

On return of the product, he then tried to credit her rather than give her a refund in full.

Shop full of custumers, he didn't exactly like when she started to jump up and down. He then backed down and gave her money back in full. And very quickly I might add.

Telling them that you will get fair go involved or anything to do with fair trading will work well. I'm sure that YES alot of place do get threatened with it, but then people don't follow through with that threat. Don't back down. Not if you are fully entitled to a full refund of your money.

Let us know how you go. And goodluck.

**DMNTD:Me** · 13th February 2006, 15:48

Originally Posted by Wolf

....They said they will keep the money so that if we, or members of our family, need their services in future it will be in credit....Any idea of what we can do?

Ok I don't know too much about what has already been mention re Consumers blah...blah...but if they still won't pay up could they maybe credit a friend's/family member's current bill and then they(friend/family) pass the money back to you?
I agree that they(the Co.) should simply reimburse you the amount now but if ya have to play them game....

**Skyryder** · 13th February 2006, 18:40

A quick call to citizens advice might be or use. A brick through the window does wonders for the stress levels.

Let's know how it all pans oput Wolf.

Skyryder

**crashe** · 13th February 2006, 18:49

Call up "Fair Go" they love to get their teeth into these sorts of things..
They are filming now and are due to being back on our screens real soon.

Go to the TVNZ website... it should lead you to their link.
TV1 - (09) 916 7001

They also have a email to contact them on as well.
I think it is: fairgo@tvnz.co.nz

Oh and you are entitled to getting your money back.

**mikey** · 13th February 2006, 20:06

buy a cell phone

**zaq** · 13th February 2006, 20:35

Hiya,

Crediting a buddy's account might be the easy (easier) way to go, as mentioned by TL Rider.

As far as a lawyer goes, I know some CAB's have "free lawyer days", where you can talk to a lawyer for 15 minutes or so, for free. It's mostly a pitch for the lawyer, but they do give you a decent indication of the right track to take. I've used this service once (in akl).

Damn dodgy corporations.

Good luck.