On 16 Dec 2020 I noted a transaction on my debit card which neither I or my wife had any knowledge of transacting. I have copied the relevant parts of emails that have subsequently ensued.
“ An internal message was sent to bank regarding concerns about this transaction, and, from my recollection somewhere between 2.00 and 4.00 am (?) the following day, an additional paragraph was added to this message. Two phone calls were also had with my bank, resulting in the cancellation of my debit card.
I was concerned about the security of our account and was unable to sleep.
The advertised phone number for <inserted: the apparent vendor> was disconnected and it was only after extensive searching, that an email contact identified.
The reply took more than 24 hours.
It now transpires that and . I confirm that my wife and I had a coffee at . I am advised that as the EFTPOS machine for had broken down, they had substituted this machine for the inserted <other business, completely different name> EFTPOS machine.
As a result of their decision to substitute EFTPOS machines, I have been occasioned considerable anxiety, lost sleep, cancelled my debit card with my bank (with immediate payment issues with Medadvisor and Paypal), and had a third party check their own card transactions in the belief that a “scam” was being undertaken by an organisation of which we are both members.”
The substance of the above was sent by email to the vendor and in particular, the question raised of whether the substitution of EFTPOS machines, with completely different trading names, was OK as far as the Australian Tax Office and the vendor’s supplier of EFTPOS services were concerned.
The response received?
“ I sincerely apologise for the inconvenience.
is a legitimate company registered with the ATO with ABN number
and we operate 3 businesses under the same ABN which is completely legal.
We have EFPOST documantation and video camera record on the date of 13/12/2020 for your purchases at …
You have complete legal rights to dispute this transaction with your bank which you are welcome to do so.
We are very happy to provide our record to the bank regarding this transation.
Please feel free to contact us if you need futher information”
(Spelling is as received)
“ The purchase is not in dispute, and in fact my bank was yesterday (Friday) requested to reverse the previous re-credit to my account once the circumstances of why appeared on my bank statement.
You clearly fail to understand what my concerns are. A charge appears in my bank account of which I have no knowledge of incurring and endeavour to phone only to find the phone number disconnected. I find an email contact but do not receive any response with 24 hours.I acted upon my bank’s advice and cancelled my debit card.
I would expect that your clientele has a reasonable expectation that any EFTPOS transactions with the are identified as such in their bank accounts. Anything otherwise immediately causes unnecessary anxiety and, as acknowledged, inconvenience.”
What, and have the legal obligations of this vendor been met?