In my correspondence yesterday, I requested a statement via the real estate. I also requested proof from Statewide to back up their claims
Morning All, I have received a statement from my tenant regarding this. Do I now show Statewide the statement and put it back on them to repair this door for me
Also, I am a member of Choice
If the statement indicated that the tenant did not tamper or change the setting of the door, and hopefully the tenant says that the failure resulted from normal use of the door (normal being how a reasonable person would be expected to use the door…using the remote/button to open and close the door and the door being allowed to close unimpeded/unhindered), send a copy to Statewide advising that you now have confirmation that the failure was not as a result of any actions of the tenant or the owner of the property. Also indicate that you believe from information given by Statewide in the past, the failure was a direct result of over tensioning, that the only time and opportunity for over tensioning to occur was when the door was repaired in May 2018.
As a result, under the Australian Consumer Law the service provided in May 2018 was not of the level of quality which would not have resulted in loss or damage to the door.
Wait for Statewide’s response and hopefully they will come to the party. If not, it may then be time to contact the Choice Help Line to get them involved.
Good luck and let us know how you get on.
I have forwarded the statement and requested they cover the costs of the damages incurred
no luck with Statewide, have told me to take it to consumer affairs. Please advise how i contact Choice Help Line
Sorry to hear they are stonewalling. Here is a link to the Choice Help service description,. The form is at https://www.choice.com.au/choice-help-form
They can be busy so have realistic expectations on their response time.
thank you. I have submitted the form, however it won’t submit. I can;t see if there is an error that needs to be amended. any suggestions?
Were you logged in to choice.com.au? I expected it would prompt you, but maybe not. Other than that, ?
yes I was. I filled the form in and pressed the submit button, but nothing happened. I tried to submit it a couple of times, but still nothing.
is there somewhere I can check to see if it has been submitted?
Without being there it is hard to make an educated guess. Is each box filled in with something? Did you try another browser? Sometimes forms work with one browser but not another.
If all else fails, maybe a message to Choice, asking it be routed to the Help staff.
edit: the page has a form, email address, and phone numbers
They also have a email address:
thank you for your help
UPDATE - I took my concerns to Office of Fair Trading in Qld who informed me that I had a fair case and they would represent me and contact the trader. I have just received an email from the OFT advising me they cannot assist me. I don’t understand. I have requested an explanation
I have received a response to my request and have been advised, the trader gave them their side of the story and that’s the end of it, they cannot assist me any further. Clearly, I thought OFT would do more. Can anyone advise me where to from here, as I believe the work is faulty
Are you a member of Choice, as there is Choice Help…
Alternatively, there is
If you quality for their assistance.
Is this Qld Govt advice consistent with what you have been told?
I found the following portion of the advice most difficult to put into context if you have not been given advice on what your next options are? It is important to note that there is no manmdatory obligation listed here on providing a resolution unless there has been a breech of the law?
If we still can’t resolve a dispute, we can give you advice on what to do next.
This might be:
_ taking the complaint to a tribunal or Court_
_ getting your own legal advice._
We can’t force you or the business to take any action.
Alleged breaches of the law
Our main aim with any serious complaint is to stop it happening again.
We may also try to get a remedy for you, but this is a secondary issue for us.
There are also options for registering a dispute with QCAT as an alternative to a direct court action. QCAT will respond to a formal submission. I have taken this approach before on another matter. Fortunately there was a resolution with the business before the item came up for review. QCAT will respond and advise if they cannot deal with the matter. You able to cancel your application to QCAT at any time if you believe you have resolution. There is always a que in their system.
This is the reply I received when I asked for an explanation.
The information you had provided with your complaint was suitable for conciliation where your complaint was provided to the trader who then responded which was attached to my previous email sent to you today.
The OFT must rely on the traders willingness to negotiate a settlement but the OFT cannot direct traders or businesses to take certain action only a tribunal or court can order a trader to offer redress or resolve an issue as OFT can make no official judgments on such matters.
As previously advised, should you wish to pursue the matter you should consider applying to QCAT, telephone 1300 753 228 www.qcat.qld.gov.au or seeking your own independent legal advice.
The Office of Fair Trading is unable to assist you further in relation to this matter.
The OFT did nothing. So now I guess I decide if I go legal with this matter.
Choice members can discuss their options further per @phb earlier post.
The Qld Govt QCAT web site and phone contact has plenty of guidance. If you attempt to contact QCAT by phone and they are busy they will call you back typically within 24hrs to help you with advice on how they will handle your dispute.