Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Cooling off period? Marketing company took $6000!

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
darkprincess65 View Drop Down

Joined: 15/February/2011
Location: Australia
Posts: 7
  Quote darkprincess65 Quote  Post ReplyReply Direct Link To This Post Topic: Cooling off period? Marketing company took $6000!
    Posted: 25/August/2011 at 11:22
Can someone advise me on this?

On Thursday of last week, a woman from SimJen came to speak to my partner about doing a series of "mini sites" to market our Security firm.

This was a cold call.

She got my partner to sign the contract and left him without so much as a business card as she said she had none, and the contract had no contact details on it.

My partner discussed this with me that night and I was horrified at the cost. $11,000.00. He quickly realised he'd made a mistake and we emailed and faxed the main company contact details that we found on their website, asking them to cancel the order immediately and explaining we had no contact details for the rep who came to our site. We also tried calling but only had their main number and it was after hours.

We heard nothing.

Then on Monday, we received an email from a chap saying he was about to start work. I attempted to call the mobile number on his email signature but it rang out and had no voice mail. So I emailed him back explaining that we had been trying to cancel this order and he emailed me to confirm he would look into it.

We get a call today saying they've already billed our credit card for the first 6k and the other 5k will be due at the end of the month. My partner explained that we had been trying to cancel and didn't want to proceed any longer.

We were told "Too bad. You signed the contract. We are holding you to it."

We were given printed material about these minisites only after the contract was signed, as the rep said she had left all that "in the car".

We don't want these sites. Can someone please help!! I need to get out of this contract and we had no contact details to ask any questions or stop the payment!


MartinO View Drop Down
Moderator Group
Moderator Group

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2011 at 11:31
You appear to have a case, but you need professional assistance right away, others here will try to help but I believe you need your solicitor on the job, now.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

boony View Drop Down
Senior Member
Senior Member

Joined: 15/April/2009
Location: Australia
Posts: 502
  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2011 at 16:24
But is there an actual cooling off period? Is it mentioned in the contract? Or is the cooling off period a legal requirement for cold callers?

Sorry I don't know much about this but either way you need to act right away like MartinO suggested. At least you have an email saying they will look into it.

turboadam View Drop Down
Senior Member
Senior Member

Joined: 24/March/2011
Location: Australia
Posts: 632
  Quote turboadam Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2011 at 17:36
report the credit card transaction as fraudulent to the cc co.

As this is a "business" the usual "cooling off" consumer rights may not apply.

khon View Drop Down
Senior Member
Senior Member

Joined: 18/August/2010
Location: Australia
Posts: 741
  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2011 at 19:20
Contact your credit card issuer along with all your correspondence that this is a dispute transaction. Ask if they could cancel and issue you with a new card.

As this is a business transaction, the Fair Trading may be able to help as there could be some more victims

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.