Forums > General Discussion   Shooting the breeze...

Consumer Rights

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Created by Pitbull > 9 months ago, 8 Jun 2014
Pitbull
WA, 1267 posts
8 Jun 2014 8:09PM
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Ok, last night on the way home the kids wanted to stop off at a drive through fast food joint for a snack. When we arrived home part of the order was missing so I made a call. I did not receive a receipt though I did give the time and a summary of the order which was checked up.
I was offered to come back down for a replacement however a that time of the night and a round trip of 8kms didn't seem inviting. Then they said that they would send me out some vouchers to replace the missing item. Now I don't eat the crap that comes from the franchise so I asked if they could send me a cheque for the amount instead.
I was shocked that they weren't going to do it so I asked to speak to the store manager.
Long story short, went back down the following day and saw the store manager who said that the only thing he would do is send me a voucher.
NOT HAPPY JAN!!!
Now the question is , 'How far can I /should I take this."
As a matter of principle (although I talking about the grand sum of $5.85) I don't want to accept that I can't get my money back from the thieves.
I was considering taking the pricks to the Magistrates Court just to shove it down their throats.
What are my chances of a win?

saltiest1
NSW, 2493 posts
8 Jun 2014 10:14PM
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id just take the vouchers.
those guys deal with all manner of crazies and I'm betting if you loot it from their side you might see another one demanding his 5 bucks.
better than throwing good money after bad at least.

Buster fin
WA, 2575 posts
8 Jun 2014 8:25PM
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My new mantra when buying anything or getting any customer service, or even a qualified tradesperson these days in Perth is, 'lower your expectations'.

I don't know your rights by law (especially not having the receipt), but screw 'em to the wall if you can says I.

Keep us updated.

saltiest1
NSW, 2493 posts
8 Jun 2014 10:27PM
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its good you lower your expectations buster.
its the reason my business is so successful. everyone gets a pleasant surprise

Pitbull
WA, 1267 posts
8 Jun 2014 8:35PM
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Thanks for the feedback so far. I find it difficult to come to terms that they are not willing to find a resolution to the matter. They are insistent that they've got my cash and that's that.
It makes me more determined to shove it where it fits.

saltiest1
NSW, 2493 posts
8 Jun 2014 10:35PM
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unless he paid by credit as it is still proof of purchase

arancini
WA, 373 posts
8 Jun 2014 8:40PM
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if youve got the time, moral fortitude and the inclination to pursue this then good luck to you.

When I see people go on a moral crusade I always think if Jan Ter horst, on the beaconsfield ridge in Fremantle. He dug his heels in regarding a house built in front of his home affecting his views, (I think he owned the land and on sold it) I belive (could be wrong) that was built a couple of courses higher then it should be.(180mm) Its been going on for over 20 years, he it seems is in the right, he's been to prison, lost his wife and kids ( i think) drives around in a car with a coffin on the roof as a protest, his entire house is covered in slogans regarding his moral outrgage at the misdoing, hes completley consumed by this issue. (his view is not affected at all by the extra height). Ive spoken to him a couple of times and he is passionate regarding the issue. Hes consumed. From the distance it appears his entire life has become the battle.

Id take the vouchers and move on man.

www.watoday.com.au/national/western-australia/convicted-freo-eyesore-owner-may-avoid-fine-20090921-fy0w.html

Pitbull
WA, 1267 posts
8 Jun 2014 8:47PM
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Thanks arancini.
I'm not consumed about it, though as a consumer we have rights to which we are protected with. For a large establishment to more or less snub their nose at the law, then I'll weigh up the options and see how far I'll get. I won't loose any sleep over it and it sure as hell isn't going to cost me a cent. Just a bit of my time to waste theirs.

kat75
WA, 109 posts
8 Jun 2014 9:07PM
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I had a problem with a certain huge chain and got offered free food at the store. My complaint had been crap service and food so I declined the offer, emailed my complaint and left it at that. Dont go back to store and leave it at that, a bad experience with a crap company. I wouldnt bother wasting your time with them. But im a bit of a pushover.

shoodbegood
VIC, 873 posts
8 Jun 2014 11:20PM
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Can't believe your kids hadn't raided the bag before you got out of the car park !
We don't do it much, but when we do do it's on !
Move on Pitbull, bigger things to worry about than getting even. At the end of the day, who are you you getting even with anyway?

Cambodge
VIC, 851 posts
8 Jun 2014 11:51PM
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This is a piss-take, right?! Just in case it's not...standard civil contract law aims to bring the two parties back to the position they would have been in if the contract had been successfully executed by the parties to the contract. Take the voucher and get the missing damned cardboard-like fries.

And if anyone took this any further i'd hope that person was charged with wasting mankind's time.

Pitbull
WA, 1267 posts
8 Jun 2014 10:00PM
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Thanks for the advice.
I'll make one call to the head office tomorrow to voice my concerns and leave it at that.
I'll take my business to those who take care of their customers.
Cheers.

Cal
QLD, 1003 posts
9 Jun 2014 12:38AM
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visit the accc website, you should be able to track down the wording that guarantees your right to a refund, if they ignore that then you can put a complaint in for free that will get your cash (and moral victory) in a few months.

Chris6791
WA, 3271 posts
8 Jun 2014 11:09PM
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You were offered the goods again or a voucher but you want your $5.85 and you are willing to go to the end of the earth to make your point? Sorry mate but that makes you sound like a twat. You've already wasted ten bucks worth of your own time just on this thread.

TheWolf
SA, 247 posts
9 Jun 2014 1:16AM
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Select to expand quote
Pitbull said..
Then they said that they would send me out some vouchers to replace the missing item. Now I don't eat the crap that comes from the franchise so I asked if they could send me a cheque for the amount instead.
I was shocked that they weren't going to do it so I asked to speak to the store manager.
Long story short, went back down the following day and saw the store manager who said that the only thing he would do is send me a voucher.
NOT HAPPY JAN!!!

It is the business' choice of refund, repair or replace. They chose replace.

Select to expand quote

Now the question is , 'How far can I /should I take this."

You wont get anywhere. By leaving the store with the bag, you accepted delivery of the goods. You were then offered remedy, despite them having no legal obligation to do so. You refused. You will get nowhere

Select to expand quote

I was considering taking the pricks to the Magistrates Court just to shove it down their throats.
What are my chances of a win?

I will love to hear what the magistrate has to say about this. I think you will find the courts have little sympathy for people who waste their time with petty things, especially since the magistrate will see that the restaurant in question has gone above their legal obligation to settle the matter

pweedas
WA, 4642 posts
8 Jun 2014 11:55PM
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Well isn't this just the best country on earth when our most serious complaint is that we were offered a $5.85 voucher rather than a $5.85 cash refund?

Do you realise that's one hundred and seventeen hours pay there? Well it was back in 1956 when I was paid sixpence and hour, so it's really really important!

Man,... that really is the makings of a federal case right there.
I find it hard to believe the Tactical Response Group isn't there already.
They are?
Well,.. about time too.

Dezman
NSW, 818 posts
9 Jun 2014 5:22AM
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Sometimes you win and some you lose, best to walk away and stop thinking about it.

FormulaNova
WA, 14560 posts
9 Jun 2014 6:43AM
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Select to expand quote
TheWolf said..

Pitbull said..
Then they said that they would send me out some vouchers to replace the missing item. Now I don't eat the crap that comes from the franchise so I asked if they could send me a cheque for the amount instead.
I was shocked that they weren't going to do it so I asked to speak to the store manager.
Long story short, went back down the following day and saw the store manager who said that the only thing he would do is send me a voucher.
NOT HAPPY JAN!!!

It is the business' choice of refund, repair or replace. They chose replace.



Well, that's not right. Its the consumer's choice. Not the choice of the business. Not that a lot of them will volunteer this information to you.

Regardless, I agree with most people. Let it go. If this is the most difficult thing you have to deal with, you are doing okay. Even if you think the manager was in the wrong, does it really matter at the end of the day?

Looking at it another way, if someone, not you, decided to try it on and claim they never got their food, you wouldn't expect the business to give money back. On the other hand, if they gave food or vouchers for the food, their outlay is minimal, so they are more likely to not question a customer's complaint.

In the case of a genuine complaint, you get your food, and they are no worse off than before.






nosna
QLD, 27 posts
9 Jun 2014 8:50AM
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Good old KFC...

Harrow
NSW, 4521 posts
9 Jun 2014 9:49AM
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Take the $5.85 voucher, and sell it to someone for $5. They'll be happy, and you'll get most of your cash back.

kiteboy dave
QLD, 6525 posts
9 Jun 2014 10:30AM
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Select to expand quote
Harrow said..

Take the $5.85 voucher, and sell it to someone for $5. They'll be happy, and you'll get most of your cash back.


aahh the refreshing smell of common sense...


Smithy
VIC, 858 posts
9 Jun 2014 12:40PM
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Annoying? Yes, but get a life and let it go... You don't even have a receipt and they still offered you something.

Don't waste anyone else's time with this petty issue, unfortunately the system is full of such dribble clogging it up for those who actually have real consumer issues....

dmitri
VIC, 1040 posts
9 Jun 2014 2:17PM
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its a same as "$600 wine" fly's topic.
common ppl, mr pitbull just looking for his short movie script happy ending.
this one is good

Select to expand quote
Harrow said...
Take the $5.85 voucher, and sell it to someone for $5. They'll be happy, and you'll get most of your cash back.


jbshack
WA, 6913 posts
9 Jun 2014 5:20PM
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I think you would find technically under the law you would be with in your rights, but i can guarantee you won't get a happy response from the System. They will be more upset at you wasting their time for such a small amount..

Having said that we sit and check through the bags thoroughly these days. They'll ask you to move on but it doesn't pay to drive off until your fully content. My wife even checks in boxes these days to see the quantity is what she ordered.. 50% of the time its wrong


Hunter S
WA, 516 posts
9 Jun 2014 9:06PM
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You dudes eat that sheet and then complain when they lower your load?

tell u what, I'll swap you one of my problems for your lame ass fast food complaint & pay you the $5.85.

I'll even throw in a bonus fry

#t=17

Elroy Jetson
WA, 706 posts
9 Jun 2014 11:47PM
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Great Vid ^^^. Cheers for posting it Hunter. Very Funny :)

Loftywinds
QLD, 2060 posts
10 Jun 2014 8:06AM
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Select to expand quote
Pitbull said...
Thanks for the advice.
I'll make one call to the head office tomorrow to voice my concerns and leave it at that.
I'll take my business to those who take care of their customers.
Cheers.


What the hell did you expect? A refund for the entire lot when in fact you only had one thing missing? WTF?! LOL

Mate that's scabby.

desertyank
1260 posts
10 Jun 2014 7:27AM
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youngbull
QLD, 825 posts
10 Jun 2014 10:34AM
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Select to expand quote
Loftywinds said...
Pitbull said...
Thanks for the advice.
I'll make one call to the head office tomorrow to voice my concerns and leave it at that.
I'll take my business to those who take care of their customers.
Cheers.


What the hell did you expect? A refund for the entire lot when in fact you only had one thing missing? WTF?! LOL

Mate that's scabby.




Ashamed to say that's Australia these day's. It's only getting worse.

pueter66
QLD, 205 posts
10 Jun 2014 11:02AM
Thumbs Up

I cant believe i just wasted 10 minutes of my time reading this can i get a refund and added back onto my life



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Forums > General Discussion   Shooting the breeze...


"Consumer Rights" started by Pitbull