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  1. #11
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    WOW, thank you for all the replies so quickly, lovely ladies
    We definitely will contact fair trading on monday, just on principle.
    I had never encountered such callousness from a business owner when we initially went in to return the video, especially seeing we were such good customers up until that point and so i guess it makes me feel a little more bitter about the whole situation.
    There is probably no chance of the $ being refunded anytime soon, even if the bank does find us in favour, so we are still put-out from that regardless, but we will definitely be following up on this because it just seems a bit iffy to me .
    Technically, we can get by without it (the $) but it means i have to rain-check plans we had this weekend of going to a local animal park thingo with my IL's (my poor kids are so upset by that they were really looking forward to it) and miss out on a few things when shopping. All good, we will just have a picnic on the beach instead . I am so so glad this didnt happen just before christmas though, we would have been badly effected then.
    Anyway, thanks everyone, i REALLY appreciate it!

  2. #12
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    Quote Originally Posted by WorkingClassMum View Post
    Hmmmm sticky one - demand a copy of the original contract
    Thanks WCM, we have done this and he begrudgingly said he would send it out next week.

    Quote Originally Posted by CocktailBubba View Post
    Ok, so many people may disagree with me but personally if the bank has stopped the debit and the bank can put the money back into your account I'd have that done and forget about the video store owner.

    I seriously doubt he'd be in a hurry to fork out hundreds of $$ in legal fees for $59.50.

    And if it u honestly felt it would come to that u can make arrangements with him to set up a payment plan that suits u.
    LOL CocktailBubba, I actually thought of some type of revenge when DH got off the phone with the video store owner today (as he was rude to DH again even though DH was lovely), problem is, we are too blardy honest (read: scared of karma )! Just hoping the bank does find in our favour

    Quote Originally Posted by buttoneska View Post
    It's called MOTO function.

    But it is illegal to select CREDIT and then not have the slip signed.

    The manager should be able to show you a copy of the EFTPOS reciept for you.
    Hmmmm, thanks buttoneska, very interesting... will definitely be requesting a copy.
    Quote Originally Posted by Hera View Post
    If he's signed the contract, then I'm guessing it's all legal - ensure you always read the fine print of anything you sign. There is probably a section in the contract which stipulates that they will withdraw the funds after x amount of days of the late fee not being paid.

    But JIC, I would be a) contacting fair trading just to double check and b) Closing the account at that store if you won't be going back, and asking them to destroy your debit card details. I don't know about you, but I personally don't feel comfortable with people holding the details to my debit card
    Thanks Hera, didnt even think of closing the account e.t.c. The thing with fine print is, doesn't it have to be legally sound to begin with? I mean, i could write out a contract for something stating that "upon termination of contract, the signee must relinquish to me, all rights to everything they have ever owned" for example, however, i doubt any court would enforce that, as it isn't a fair clause, KWIM? I dunno, i have access to comprehensive legal databases through uni so i might have to do a bit of research tonight, if i can find the time or energy

  3. #13
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  5. #14
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    Thank you, MsMummy

  6. #15
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    Sorry, I was in a rush last night. I would try and do the chargeback in the meantime until you resol^e the dispute.

    I ha^e ne^er looked into direct debit payments in great detail, but my thoughts are that if there is a clear authority to take the amount, then it's probably okay.

    So you need a copy of the agreement first.

    then there are arguments, such as:

    - ^ideo shop's duty to mitigate their loss - like, I don't think you could charge late rental fees for a year, if you could re-buy the mo^ie for $50
    - whether you truly accepted the terms when you signed the agreement - are the expressed clearly, were there misrepresentations etc

    A lot of people will just let it go once you mention the words "Fair Trading" and start talking about there not being proper authority or contract misleading.

    Also, don't assume that that the agreement actually gi^es them the authority. Sometimes they are so badly drafted that they would not be enforceable.

    If it were me, though, I'd probably just let it go. It's $60. The mo^ies were late. You knew that late fees were payable. the dispute is really just about teh manner in which they were taken. but e^en if you're right, and you get the direct debit back, the shop would still ha^e the right to reco^er the debt, and they might feel ^exatious and start pursuing it. It is worth the emotional energy? Not for $60.

  7. #16
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    Quote Originally Posted by MsMummy View Post
    Sorry, I was in a rush last night.
    Thats ok, i got the gist of which section to look at in the link

    I ha^e ne^er looked into direct debit payments in great detail, but my thoughts are that if there is a clear authority to take the amount, then it's probably okay.

    So you need a copy of the agreement first.
    That's the thing though, it wasn't a direct debit transaction, it was a debit card transaction! the bank cancelled DH's card as soon as he called them because on their end, it shows up as a card usage, even though the card wasn't actually used by DH, KWIM? The bank guy actually said "are you 100% sure that you or someone with access to your card didn't use it? do you have other linked cards?" e.t.c. They have the money on hold under their card fraud policy, completely different from direct debit reversal.

    - ^ideo shop's duty to mitigate their loss - like, I don't think you could charge late rental fees for a year, if you could re-buy the mo^ie for $50
    - whether you truly accepted the terms when you signed the agreement - are the expressed clearly, were there misrepresentations etc
    I agree, it does sound ridiculous to be able to charge so much more than the original cost of the movie in late fees, will have to research this though as, unfortunately, i do think they are within their rights to do this (as other businesses are allowed to charge overdue fees for various services) -bummer!
    I think we may just have to go in to the video store later today, rather than wait for him to send out the contract... my curiosity to see the contract/ debit card receipt is getting the better of me

    A lot of people will just let it go once you mention the words "Fair Trading" and start talking about there not being proper authority or contract misleading.

    Also, don't assume that that the agreement actually gi^es them the authority. Sometimes they are so badly drafted that they would not be enforceable.
    We will definitely be mentioning those words
    Yes, thats what i was saying in my PP... DH would have definitely skimmed over the terms and conditions, rather than reading them in full but i am sure i have read somewhere that conditions regarding payments/recovery e.t.c need to be clearly visible and in laymans terms. The thing is too, DH is VERY cautious about giving out his banking details and cannot remember giving them to the video store, only using his card to pay for videos we hired, so he is suss on that
    If it were me, though, I'd probably just let it go. It's $60. The mo^ies were late. You knew that late fees were payable. the dispute is really just about teh manner in which they were taken. but e^en if you're right, and you get the direct debit back, the shop would still ha^e the right to reco^er the debt, and they might feel ^exatious and start pursuing it. It is worth the emotional energy? Not for $60.
    I do agree that the video store has every right to recover their outstanding debts and we are required to pay them... that is not the issue, in fact, as i said in a PP, we would have paid it months ago if we had been sent an invoice or letter of demand... we were not given the choice to pay it on our terms though, and this has caused inconvenience to us. If this had happened a week and a bit ago, it would have been disasterous as we were stuck up in Bundaberg visiting my nanna during the floods and needed every cent to get back home. If it had happened next week though, we probably wouldnt even realise it was missing! Thats the point though, the transaction is suss, showing up as card use with no recollection of giving permission for such a transaction and no previous warning that it was going to occur.
    I woud hate for this to happen to a family or individual that truly couldnt afford it, as me n he said, it could be devestating to some people and so that's a darn good reason for persuing it (the way in which it was handled, not the actual $), as far as i'm concerned.
    MsMummy and everyone else who responded...thank you so much for taking so much time to help... really appreciated!!!
    Will keep you all updated.

  8. #17
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    They would have only done a transaction on the card you have provided them with and signed the contract. Ppl sign up to video stores without reading the contract and knowing that they CAN pull money out of your account.

    What they did was legal, they wait a certain amount of time before putting through the transaction in case you come and pay yourself.

    Be very careful with late fees from video stores because I know blockbuster will actually default you on your credit rating if you do not pay within 3 months.

    I worked at a video store years back. Fair trading won't do anything heaps of people used to say that to us, the manager just told them to go ahead and call fair trading.

    I know this sounds bad but at the end of the day you where aware there where late fees, that is their policy sure the owner sounds horrible but it's the way it is.

    Of course you can try to get out of it, worth a go.
    Last edited by Janesmum123; 08-01-2011 at 12:23.

  9. #18
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    You know what the best threat is? Today tonight. seriously


 

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