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________
________
________
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________ (ABN ________)
Attention: ________
________
Date: ________
RE: COMPLAINT CONCERNING SERVICES THAT FAILED TO MEET THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW
Reference / Invoice Number: ________
Dear Sir/Madam,
1. Background to the services
1.1 On ________, I engaged your business to supply services to me as a consumer. The agreed services were described as follows:
________
1.2 The agreed price for those services was $________, which I paid in full on ________.
2. The problem
2.1 Unfortunately, the following problem has arisen in relation to the services supplied to me:
________
2.2 As a result of the above, I have suffered the following loss or damage:
________
3. Your obligations under the Australian Consumer Law
3.1 The supply of the services is governed by the consumer guarantees set out in the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the "ACL").
3.2 In particular, sections 60 to 62 of the ACL guarantee that the services will be:
3.3 In my view, the services described above did not comply with one or more of these guarantees.
3.5 These rights cannot be excluded, restricted or modified by contract, in accordance with section 64 of the ACL.
4. Remedy sought
4.1 I request that you provide a full refund of the amount paid for these services, being $________ (________).
4.2 The refund may be paid in the following manner:
________
4.3 In addition, and by no later than ________, I require you to:
________
4.4 I also reserve my right to claim compensation for the loss and damage referred to in paragraph 2.2 above, in the amount of $________, pursuant to section 267(4) of the ACL.
5. Consequences if my request is not met
5.1 If I do not receive a satisfactory response, in writing, on or before ________, I will have no choice but to pursue all other available legal remedies. These may include:
(a) lodging a complaint with the consumer protection regulator in ________ (for example, the relevant State or Territory office of Fair Trading or Consumer Affairs);
(b) lodging a report with the Australian Competition and Consumer Commission; and/or
(c) commencing proceedings in the ________ or other court of competent jurisdiction to recover the amounts claimed, together with interest and costs.
5.2 This letter is sent without prejudice to my rights, all of which are expressly reserved.
5.3 I would prefer to resolve this matter promptly and amicably, and I look forward to your written response by the date specified above.
Yours faithfully,
________
Signature: ________
Date: ________
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