Fashion store - had a sale 20% after a day wasted going to Highpoint that said they had the dress went to Melbourne

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Customer: Fashion store - had a sale 20% after a day wasted going to Highpoint that said they had the dress went to Melbourne central and was given sale 15% ive written to them on many occasions and head office have yet to reply to my realistic refund
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria
JA: Has anything been filed or reported?
Customer: ive emailed them many times with the store getting back to me saying they have forwarded message to head office whom have not replied to my request
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My daughter rang Highpoint to find out if they had a specific dress in the shop. Sales assistance confirmed the computer had there was 1 in size 6.
• My daughter had asked me to pick it up on my lunch break. To find out the sales assistant didn’t check the stock. There was 2 size 10’s n 3 size 12’s
• To now add panic to the situation frantically looking for a size 6 dress.
• Found 1 in emerald green to both our dismay @ $340 less 20% = $271.96 I had to get as her graduation was that night.
• Got the dress picked up from my work to home she then rang Melb Central confirmed they had the dress of her desire, colour and size as the 1 from Highpoint wasn’t what she wanted but the only available long gown in a size 6.
• I got home from work to see they (Melb Central) charged $350 less 15%. She had to pay an additional $25.50 – the sale was 20% off everything in store and online.
• Not only was a big inconvenience to go to Highpoint on my lunch break and back within the hour she had to go to the city to get the dress Highpoint said they had and to be ripped off.
• My daughter not old enough to drive had to get a friend to drive her - pay petrol and $8.95 for parking there wasn’t enough time to catch public transport.
• This all could have been avoided if Highpoint Staff Member had checked the stock.
• I have emailed 9 times and still haven’t heard back from head office.
• I am seeking compensation for the additional funds paid charging 15% sale not 20% as per email and parking
• $25.50 + $8.95 = 34.45 – with all the time I have wasted chasing them I have the right to charge for my time.
Answered by John Melis in 1 hour 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

​You can seek resolution in the following way and claim compensation as well.

I recommend that you file a claim as soon as possible.

What you need to do is issue a formal complaint in writing to the other party, seeking an assessment/review on the matter, and that you require a response within 7 to 14 days subject to your requirements.

Make sure you enclose al factual evidence you have with the correspondence that you send to the other party.

When you draft this correspondence make sure it is in chronological order that is by listing with numbers example; one, two, three, etc.

The more detail you provide it will assist in resolving the specific matter in a timely way.

Where no response is received and you have reviewed the conditions carefully on the agreement if there are any, and you are still not in satisfied with the situation that is occurring, you can then raise a claim in the Tribunal

You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. 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.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2

The Australian Consumer Law

18 Misleading or deceptive conduct

(1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1).

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint 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 numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.vcat.vic.gov.au

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
How do I put this further? As I have written I’ve emailed numerous times and I have re riots and screen shoot of sale email. I’ve only gotten a reply from
Melbourne central store stating they sent my email to head office - I’ve never received a reply from head office
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John Melis, Expert

Your Nextep is to engage proceedings in the Victorian civil administrative tribunal and I suggest you consider the following steps below

​The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the other party the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint 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 numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further. 

https://www.vcat.vic.gov.au

Would you like to consider this option ?

This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.

Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.

Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.

You are welcome, and thank you for supporting the community.

Customer
How much will it cost me - I did a draft I can send u a copy to let me if ok?
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John Melis, Expert

You can run your own case and the only cost is your time.

You're welcome to upload the draft for the chat box if you need.

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