Iinet have told me that a $60 cancellation fee applies on a new contract. is this legal ?? what about the 10-day cooling

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

Concerning the cancellation fee of $60, but I suggest you do is consider the below points before taking further action:

In relation to your very important situation regarding the communication aspect with the company, what I suggest you do in this very important circumstance is issue a written correspondence to the company explaining in detail what the issue is and request in for a response within a short period of time such as 72 hours.

Generally once a written response is received, the company that is the dispute will act far quicker on the written communication than a telephone call, as the call ends up in the call centre.

Respectfully, ***** ***** around Australia are having difficulty with the same issue you are having.

And the quickest approach to deal with this type fo matter is sending written communication via the company's website where they have a complaint section, as well as a contact section.

That means you need to do 2 correspondences sent at one time.

In addition, I would also recommend that you send a written correspondence by express post to the company, referencing all the details of your account and addressing the issue of the problem that standing.

Where there is no resolve on this in a period for 14 days, then your next step is to commence proceedings in the local tribunal by filing an application online.

You do not need a lawyer to file an application with the tribunal, you can run the case yourself in this particular respect.

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 http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s152ac.html#person must not, in trade or commerce <http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s4.html#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 http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s152cd.html#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 court.

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

Thank you for reaching out today.

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

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