Need help!!! - Refunds with HK

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From: Anonymous


Hi,
Not sure if anyone has come across this, but I'm writing it here just in case someone else has dealt with this situation before.

Basically I signed up for the HK advocacy service in them finding a property for me that would be exactly as HK has promised and I actually have a signed letter from the company that said that all the properties offered would meet the criteria that has been taught in the seminars. So after some period of time I have been offered a number of properties - none of which even came close to meeting the boutique style developments that they have so much glorified.

At the same time I rejected the offers not only because of the fact that they were not great investments, but primarily because of the fact that I could not afford them because I am unemployed. This was made very clear to the consultants (I have witnesses to this) before I signed any advocacy papers, yet they still signed me up "because even a bankrupt can do what Henry does" ...

I've applied for the cancellation and a refund of the advocacy fee of which a considerable sum is not refundable and now I have received the balance. My claim is that they never delivered on the promised service for the "non-refundable" part.

My question is - are they legally able to offer me a service such as they have without checking my background? and taking my money?

And does anybody have any suggestions to what I can do?

If so, please drop me a line either on the forum - or at gicam_one@hotmail.com.

Thanks in advance,
Anon.

P.S. This is posted under Anon for obvious reasons.
 
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Reply: 1
From: Anonymous


Dear Anon

Interesting. How much did you pay for that service?

I had a similar experience with a company in Sydney that was conducting 5 day courses - It cost $5500 with a 14 day money back guarantee. I asked for my money back, 3 months later I was still waiting, so I complained on line to the Department of Fair Trading (NSW). I had my cheque about a week after that.

I won't name the course or company, but I felt they were just overcharging by about $5000.

Good luck

AA
(Another Anon)
 
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Reply: 2
From: Gail H


I don't think they have any obligation to check your background etc. but you may be able to try and get the money back by arguing misrepresentation or misleading and deceptive conduct.

My advice is to write them a letter setting out that the service provided did not comply with the representations that they made to you and that you will be complaining to the Office of (insert whatever the name is of the Govt Dept in your state dealing with consumer affairs), and will be initiating proceedings to recover the sum.

Whether you should take legal steps depends on the sum involved and the details of what they said to you and what you signed, if anything. You may be able to take them to your state's equivalent of the Small Claim's Tribunal, which is cheap. Going to the Magistrates' Court would probably cost too much money.


This should not be used as a substitute for proper legal advice.

Good luck

Gail
 
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Reply: 2.1
From: Simon St John


I agree with Gail.

However, I would cc the letter directly to the Office of Fair Trading in your State - don't just threaten to dob them in, do it.

Otherwise they will wait until you do before sending the cheque!
Without meaning any ill toward Mr HK, I imagine that HK has already heard of your post here (through the birds!) and if he knew who you were he'd probably fire off a cheque ASAP to avoid bad PR. That's why forums like this where we share the good and the bad are so valuable.

Good luck with your refund - hope you get it soon.

Simon
 
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Reply: 3
From: Henry Keys


Dear Friends

Get rich quick costs a lot of money.

Regards

Henry
 
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Reply: 4
From: .watto .


If you are in Melbourne, Then their head office is located in Kingsway. I suggest a comfy chair an esky a few cool tubes and a good coupla hours of spare time. Also a few screaming kids might add a bit of motivation....

Good luck, also try the what others have suggested the more effort you put in the more chance of a result.

Cheers
Watto
 
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Reply: 4.1
From: Simon St John


Teee hee....love the combo - beer and screaming kids!

Come on Henry - give the guy his money back.

Simon
 
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Reply: 4.1.1
From: Splinter Wood


Hi Anon,

I am assisting some people in a similar situation. I would highly recommend have a lawyer draft the letters discussed or better still on a course of action.

If you are not familiar with the process, you can make it more difficult.

Further, I believe you may have been duped into doing the HK Investment Seminar right ?

They even kindly offered you a loan to pay a VERY FEE..right ?

I am sure you thought they were nice and honest and ....

Glad you have the guts to put your note up here.

Please get in touch as there is a rising tide of very unsatisfied people like yourself who will hit that organization soon - and deservedly so.

And for the Scum watching..you can run but you can't hide !
Ps to Scum..get an honest job !!

Regards
Splinter

ESSENTIAL READING

http://fido.asic.gov.au/fido/fido.nsf

http://friendsinbusiness.com/board1/index.cgi?
 
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Reply: 4.1.1.1
From: Ross Sondergeld


Hi Splinter,


Subject: Need help!!! - Refunds with HK


http://fido.asic.gov.au/fido/fido.nsf

http://friendsinbusiness.com/board1/index.cgi?


Thank you... great to see a few people sticking their neck out!





Ross Sondergeld ~ Buyer Agent

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
" Imagine buying real estate the easy way...
...with a Buyer Agent on your side!!! "

Buyerside Real Estate Mobile 0412 289 464
Office 9b, 34 Glenferrie Drive Office (07) 5562 1555
East Quay Corporate Park Fax (07) 5562 1248
Robina QLD 4226, Gold Coast Buyerside@hotmail.com
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