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	<title>Comments on: The ABS is not your mate</title>
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	<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/</link>
	<description>now with extra source</description>
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		<title>By: meski</title>
		<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33526</link>
		<dc:creator>meski</dc:creator>
		<pubDate>Wed, 05 Aug 2009 22:55:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33526</guid>
		<description>Civil disobedience for Telstra.   Pay the $2.20 in 5c pieces.  At an individual level, it is petty, but if enough do it, it&#039;s going to be a significant annoyance to them.</description>
		<content:encoded><![CDATA[<p>Civil disobedience for Telstra.   Pay the $2.20 in 5c pieces.  At an individual level, it is petty, but if enough do it, it&#8217;s going to be a significant annoyance to them.</p>
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		<title>By: Heathdon McGregor</title>
		<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33151</link>
		<dc:creator>Heathdon McGregor</dc:creator>
		<pubDate>Tue, 04 Aug 2009 02:43:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33151</guid>
		<description>Could the more legally minded among crikey&#039;s readership please advise what I should do? I bought a product under advisement from a salesperson at Crazy Johns phones Hawthorn, the product was incorrect and the correct product was less. Crazy John&#039;s have no problem refunding but I must either supply them with my banking details or address details to get a cheque mailed out(mailout done weekly). Is this illegal for them to not refund my cash as I paid it? 

Who should I contact? 

Although I am assured I am not the receipt includes that my address will only be used for them to advise me of new products.</description>
		<content:encoded><![CDATA[<p>Could the more legally minded among crikey&#8217;s readership please advise what I should do? I bought a product under advisement from a salesperson at Crazy Johns phones Hawthorn, the product was incorrect and the correct product was less. Crazy John&#8217;s have no problem refunding but I must either supply them with my banking details or address details to get a cheque mailed out(mailout done weekly). Is this illegal for them to not refund my cash as I paid it? </p>
<p>Who should I contact? </p>
<p>Although I am assured I am not the receipt includes that my address will only be used for them to advise me of new products.</p>
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		<title>By: Andrew McGill</title>
		<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33110</link>
		<dc:creator>Andrew McGill</dc:creator>
		<pubDate>Mon, 03 Aug 2009 10:00:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33110</guid>
		<description>John Mickel? Seriously? The man is incapable of making a decision! I&#039;m surprised he is able to dress himself each day. I don&#039;t think he would be my bet for the next Premier...</description>
		<content:encoded><![CDATA[<p>John Mickel? Seriously? The man is incapable of making a decision! I&#8217;m surprised he is able to dress himself each day. I don&#8217;t think he would be my bet for the next Premier&#8230;</p>
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		<title>By: Tom McLoughlin</title>
		<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33096</link>
		<dc:creator>Tom McLoughlin</dc:creator>
		<pubDate>Mon, 03 Aug 2009 07:45:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33096</guid>
		<description>Regarding Telstra payment fee, as per my complaint submitted to ACCC and Choice, anyone who is on an recent term contract like for &#039;broadband free modem offer&#039; which for wireless is something like 2 or 3 years, the question becomes:

How can a change of conditions of payment now with a fee AFTER the term contract of years (say 1, 2 or 3) has already been entered into, not be a deceptive and misleading form of conduct in the course of business (to quote s.52 of the Trade Practices Act 1974 (Commonwealth))??? No notice of this new term at the time of contract. No way to avoid it without exposure to other consequences like web insecurity with credit cards.

To me it looks like a Big Four Banks try on because payment by cash with no fee has been a A CUSTOM OF CONSUMER TRADE FOR TIME IMMEMORIAL. The extra fee is not foreshadowed in the original contact. You are now locked into an extra fee exposure when you might have chosen a different telco provider if you knew about this oppressive fee arising. 

In my view (as ex commercial litigation lawyer) the only way this new fee is not misleading and deceptive conduct regarding existing term based telco contracts with monthly billing is a renegotiated contract or a completely new contract is commenced or an option to cancel immediately is agreed.

That&#039;s not the case with my 3 year wireless supply contract. And I don&#039;t want to pay by credit card online because the web is not secure. I can feel a class action for misleading and deceptive (and unconscionable) conduct coming on say ... about 14th September 2009.

Stay tuned.</description>
		<content:encoded><![CDATA[<p>Regarding Telstra payment fee, as per my complaint submitted to ACCC and Choice, anyone who is on an recent term contract like for &#8216;broadband free modem offer&#8217; which for wireless is something like 2 or 3 years, the question becomes:</p>
<p>How can a change of conditions of payment now with a fee AFTER the term contract of years (say 1, 2 or 3) has already been entered into, not be a deceptive and misleading form of conduct in the course of business (to quote s.52 of the Trade Practices Act 1974 (Commonwealth))??? No notice of this new term at the time of contract. No way to avoid it without exposure to other consequences like web insecurity with credit cards.</p>
<p>To me it looks like a Big Four Banks try on because payment by cash with no fee has been a A CUSTOM OF CONSUMER TRADE FOR TIME IMMEMORIAL. The extra fee is not foreshadowed in the original contact. You are now locked into an extra fee exposure when you might have chosen a different telco provider if you knew about this oppressive fee arising. </p>
<p>In my view (as ex commercial litigation lawyer) the only way this new fee is not misleading and deceptive conduct regarding existing term based telco contracts with monthly billing is a renegotiated contract or a completely new contract is commenced or an option to cancel immediately is agreed.</p>
<p>That&#8217;s not the case with my 3 year wireless supply contract. And I don&#8217;t want to pay by credit card online because the web is not secure. I can feel a class action for misleading and deceptive (and unconscionable) conduct coming on say &#8230; about 14th September 2009.</p>
<p>Stay tuned.</p>
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		<title>By: RaymondChurch</title>
		<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33068</link>
		<dc:creator>RaymondChurch</dc:creator>
		<pubDate>Mon, 03 Aug 2009 06:04:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33068</guid>
		<description>Why would anyone holidaying in Asia, use Qantas? Sometimes called Jetstar. A quick glance at available internet fares, shows Qantas to be at the top end of expensive. Malaysian Airways and Thai for example fly from most Metro airports and include Vietnam as a destination. I have used Malaysian, with a pleasant stopover in KL, a beautiful clean inexpensive city, like Singapore used to be. Loyalty to Qantas went out the door a long time ago.</description>
		<content:encoded><![CDATA[<p>Why would anyone holidaying in Asia, use Qantas? Sometimes called Jetstar. A quick glance at available internet fares, shows Qantas to be at the top end of expensive. Malaysian Airways and Thai for example fly from most Metro airports and include Vietnam as a destination. I have used Malaysian, with a pleasant stopover in KL, a beautiful clean inexpensive city, like Singapore used to be. Loyalty to Qantas went out the door a long time ago.</p>
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	<item>
		<title>By: meski</title>
		<link>http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33050</link>
		<dc:creator>meski</dc:creator>
		<pubDate>Mon, 03 Aug 2009 04:40:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/08/03/tips-and-rumours-67/#comment-33050</guid>
		<description>Re ABS:  If I don&#039;t know the person on the other end of the phone, their using the term &#039;mate&#039; or &#039;buddy&#039; sets my insincere detectors off.  Fine, if you&#039;ve been talking to them for years.</description>
		<content:encoded><![CDATA[<p>Re ABS:  If I don&#8217;t know the person on the other end of the phone, their using the term &#8216;mate&#8217; or &#8216;buddy&#8217; sets my insincere detectors off.  Fine, if you&#8217;ve been talking to them for years.</p>
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