How do I complain about a removal company in my state?

The order of events, and the writing. The ACCC says a consumer with a problem contacts the business first to discuss the problem and a possible solution; often a phone call or a visit can fix the issue, and it should be done as soon as possible: explain the problem and the outcome you want. The Queensland Office of Fair Trading says the same first thing, talk to the business, and says to make the complaint as soon as possible. Then put it in writing: the ACCC says an email or letter makes sure the business is clearly aware of the problem and what you want, and gives you a record of your contact. Consumer Affairs Victoria says if speaking to the business has not resolved the problem, send a complaint letter or email, and act quickly, because delays can sometimes affect your rights. Consumer and Business Services SA says to raise your concerns directly with the business first, and that most of the time this will resolve the issue.

What the letter carries, and what to keep. The ACCC’s list for a written complaint: describe the problem and the outcome you want; include key dates, such as when the service was bought and when the problem occurred; identify what action you have already taken and what you will do if the problem is not resolved; ask for a response within a reasonable time; and attach a copy of supporting documents, such as a receipt or invoice. The Queensland Office of Fair Trading’s list: what the service was, what is wrong with it, what you want done to remedy the situation, and when you expect a response, which it puts at around 10 working days; send it by registered mail or with proof of posting, and send photocopies of documents, never the originals. Consumer and Business Services SA says to gather the documents that relate to the complaint, such as contracts, paperwork, receipts and photographs, along with dates, times and locations, and to keep a note of conversations and copies of letters sent or received. Consumer Affairs Victoria adds: send the letter by registered post or email and keep a copy, because if the complaint goes further you will need to show it.

What a consumer body does, and what it does not. Each body takes the complaint after the business has had its chance: several say plainly that they cannot make anyone deal with them and cannot order an outcome, and that only a court or tribunal can. Some offer conciliation or mediation; none of them is a court. The table below sets out, for each state and territory, the body, what it says it handles, its complaint page, and the small claims forum.

Where a claim can be decided. The ACCC says each state has a small claims court or tribunal that hears cases about consumer and fair trading issues, and recommends advice from a lawyer before considering legal action. New South Wales: NCAT can hear and decide a consumer claim up to the value of $100,000, through its Consumer and Commercial Division, and an application must be made within 3 years of when the cause of action accrued, with the goods or services supplied within 10 years. Queensland: QCAT’s minor civil dispute process covers consumer and trader disputes, which it describes as a quick and inexpensive avenue to resolve disputes. Western Australia: you can go to the Magistrates Court or the State Administrative Tribunal if Consumer Protection WA is unable to help, or you want an outcome it cannot enforce. South Australia: no source here says which body hears a small consumer claim. Tasmania: the civil court is the option, with legal advice first, because legal action can be costly and success is not guaranteed. The ACT: ACAT can hear civil claims up to $25,000, and in some circumstances a higher claim, with negotiation or mediation to be tried first. Victoria: Consumer Affairs Victoria names the Victorian Civil and Administrative Tribunal for taking a complaint further. The Northern Territory: NTCAT only hears a case where an Act of Parliament gives it authority, and working out whether it has jurisdiction over the matter is the first step.

What the ACCC does with an individual complaint. Its own page says it does not resolve individual disputes about whether the consumer guarantees have been met or what the remedy is; for a complaint, it points to the state consumer protection agency, and it says there are local agencies and services that provide consumer advice and help resolve disputes. It recommends getting advice from a lawyer if you are considering legal action, and points to a legal service in your state or territory. What the ACCC takes directly is a report about conduct: false claims about a service and misleading conduct in trade or commerce are its ground, and the state body is the place for the individual dispute.