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Burden Of Proof Explained
Summary
In New South Wales, the burden of proof lies with the claimant, requiring evidence like photos or expert reports to support claims against service providers. Service providers cannot unilaterally change contract terms or add fees without consent, as this may breach contract or violate consumer law. Clauses limiting liability must comply with the Australian Consumer Law. If a service provider causes damage, they cannot deny responsibility, and consumers have rights to services performed with due care. For misleading clauses, review the contract, seek legal advice, and lodge complaints with NSW Fair Trading or ACCC. Unauthorized contract changes cannot be pursued through debt collectors.Full Conversation
Yes
If you have evidence supporting your claim that the service provider caused the damage, you may have a strong case. Consider compiling all your evidence, including photos, expert assessments, and witness statements. You might want to consult a lawyer who can help you present your case effectively.
Would you like more information on how to proceed with a legal claim against the service provider?
Would you like more information on how to proceed with a legal claim against the service provider?
yes
To proceed with a legal claim against the service provider, follow these steps:
- Compile all evidence (photos, expert reports, witness statements).
- Write a formal complaint to the service provider, including your evidence.
- If unresolved, consider lodging a claim with the NSW Civil and Administrative Tribunal (NCAT).
Would you like more information on lodging a claim with NCAT or on finding a lawyer?
- Compile all evidence (photos, expert reports, witness statements).
- Write a formal complaint to the service provider, including your evidence.
- If unresolved, consider lodging a claim with the NSW Civil and Administrative Tribunal (NCAT).
Would you like more information on lodging a claim with NCAT or on finding a lawyer?
can a service provider ask me to pay for a third party assessor if i believe they have caused damage to my property after performing a service
In New South Wales, if you believe a service provider has caused damage to your property, the burden of proof is on you to establish that claim. However, the service provider may request that you pay for a third-party assessor to evaluate the damage. Whether you should pay for it depends on your agreement with the service provider and the circumstances of the case.
Would you like more information on how to handle this situation or on finding a legal advisor?
Would you like more information on how to handle this situation or on finding a legal advisor?
can a service provider change the terms and conditions of a contract and add additional fees without my knowledge or conset
In New South Wales, a service provider generally cannot unilaterally change the terms and conditions of a contract or add additional fees without your knowledge or consent. This could be considered a breach of contract or potentially misleading or deceptive conduct under consumer law.
Would you like more information on how to address this issue, or on how to seek legal advice?
Would you like more information on how to address this issue, or on how to seek legal advice?
can a service provider state they have no responsibilities for damages caused in a contract
In New South Wales, service providers can include clauses in contracts that limit or exclude their liability for damages. However, these clauses must comply with the Australian Consumer Law (ACL), which provides that such terms must be fair and not misleading or deceptive.
Would you like more information on how these clauses are regulated under the ACL?
Would you like more information on how these clauses are regulated under the ACL?
what types of clauses would be considered misleading or deceptive under 'no responsibilities policies'
Clauses in "no responsibilities policies" that could be considered misleading or deceptive under the Australian Consumer Law (ACL) in New South Wales might include:
- Clauses that falsely imply consumers have no rights to claim compensation.
- Clauses that exclude liability for services not performed with due care and skill.
- Clauses that contradict mandatory consumer guarantees.
Would you like more detailed information on how to challenge such clauses?
- Clauses that falsely imply consumers have no rights to claim compensation.
- Clauses that exclude liability for services not performed with due care and skill.
- Clauses that contradict mandatory consumer guarantees.
Would you like more detailed information on how to challenge such clauses?
yes
To challenge potentially misleading or deceptive clauses in a contract under the Australian Consumer Law (ACL):
- Review the contract: Identify any clauses that seem unfair or misleading.
- Seek legal advice: A lawyer can help interpret the contract and advise on the best course of action.
- Lodge a complaint: You can lodge a complaint with the NSW Fair Trading or the ACCC for further assistance.
Would you like more information on how to find a legal advisor or lodge a complaint?
- Review the contract: Identify any clauses that seem unfair or misleading.
- Seek legal advice: A lawyer can help interpret the contract and advise on the best course of action.
- Lodge a complaint: You can lodge a complaint with the NSW Fair Trading or the ACCC for further assistance.
Would you like more information on how to find a legal advisor or lodge a complaint?
yes
~NSW Fair Trading
Phone: * * *
Website: www.fairtrading.nsw.gov.au
Phone: * * *
Website: www.fairtrading.nsw.gov.au
Would you like help finding a legal advisor?
yes
To find a legal advisor, you can contact the Law Society of New South Wales. They can help you locate a lawyer who specializes in consumer law or contract disputes.
~Law Society of New South Wales
Phone: (*) * *
Website: www.lawsociety.com.au
Would you like any help with contacting them or more information on preparing your case?
Phone: (*) * *
Website: www.lawsociety.com.au
Would you like any help with contacting them or more information on preparing your case?
If a service provider causes damage to your property. can they deny responsibility. what rights do i have as a consumer
In New South Wales, service providers cannot deny responsibility if they cause damage to your property. Under the Australian Consumer Law (ACL), you have the right to:
- Services performed with due care and skill.
- Services fit for the purpose discussed.
- Remedies if services fail to meet guarantees.
Would you like more information on how to pursue a remedy under the ACL?
- Services performed with due care and skill.
- Services fit for the purpose discussed.
- Remedies if services fail to meet guarantees.
Would you like more information on how to pursue a remedy under the ACL?
what would be considered minor damage during a shower installation
Minor damage during a shower installation in New South Wales may include:
- Small chips or scratches on tiles.
- Minor grout damage.
- Slight damage to paint or wallpaper nearby.
- Small cracks in non-structural elements.
Would you like more information on how to address such damages with the service provider?
- Small chips or scratches on tiles.
- Minor grout damage.
- Slight damage to paint or wallpaper nearby.
- Small cracks in non-structural elements.
Would you like more information on how to address such damages with the service provider?
yes
For minor damages during a shower installation, you should:
- Document the damage with photos.
- Contact the service provider to notify them of the issue.
- Request repairs or compensation.
Would you like assistance on drafting a formal complaint to the service provider?
- Document the damage with photos.
- Contact the service provider to notify them of the issue.
- Request repairs or compensation.
Would you like assistance on drafting a formal complaint to the service provider?
yes
Case Rating: *
To draft a formal complaint to the service provider, follow these steps:
*. State the Issue: Clearly describe the minor damages and how they occurred during the shower installation.
*. Provide Evidence: Attach photos and any other evidence you have documented.
*. Request Action: Ask for specific remedies, such as repairs or compensation.
*. Set a Deadline: Give a reasonable time frame for a response.
Would you like a template for the complaint letter?
To draft a formal complaint to the service provider, follow these steps:
*. State the Issue: Clearly describe the minor damages and how they occurred during the shower installation.
*. Provide Evidence: Attach photos and any other evidence you have documented.
*. Request Action: Ask for specific remedies, such as repairs or compensation.
*. Set a Deadline: Give a reasonable time frame for a response.
Would you like a template for the complaint letter?
yes
To help you draft a formal complaint letter, here is a template you can use:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Phone Number]
[Date]
[Service Provider’s Name]
[Service Provider’s Address]
[City, State, Postcode]
Dear [Service Provider’s Name],
Subject: Formal Complaint Regarding Minor Damages During Shower Installation
I am writing to formally complain about the damages caused during the shower installation performed by your company on [date of service]. The minor damages include:
- [Describe the minor damages, e.g., small chips on tiles, minor grout damage, etc.]
I have attached photos documenting the damages for your reference. As a consumer, I expect services to be performed with due care and skill, and I believe these damages occurred due to a lack of such care.
I request that you take immediate action to rectify this issue by [specific remedies, e.g., repairing the damages, providing compensation, etc.]. Please respond to this complaint within [reasonable time frame, e.g., 14 days] to confirm the next steps.
I look forward to your prompt response and resolution of this matter.
Sincerely,
[Your Name]
---
Would you like help with anything else, such as contacting the service provider or finding additional legal resources?
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Phone Number]
[Date]
[Service Provider’s Name]
[Service Provider’s Address]
[City, State, Postcode]
Dear [Service Provider’s Name],
Subject: Formal Complaint Regarding Minor Damages During Shower Installation
I am writing to formally complain about the damages caused during the shower installation performed by your company on [date of service]. The minor damages include:
- [Describe the minor damages, e.g., small chips on tiles, minor grout damage, etc.]
I have attached photos documenting the damages for your reference. As a consumer, I expect services to be performed with due care and skill, and I believe these damages occurred due to a lack of such care.
I request that you take immediate action to rectify this issue by [specific remedies, e.g., repairing the damages, providing compensation, etc.]. Please respond to this complaint within [reasonable time frame, e.g., 14 days] to confirm the next steps.
I look forward to your prompt response and resolution of this matter.
Sincerely,
[Your Name]
---
Would you like help with anything else, such as contacting the service provider or finding additional legal resources?
what actions can i take against the conduct of a service provider who i believe is misleading and deceptive conduct on the following grounds: *. The contract has a no responsibility to damages clause. *. They have damaged my property and refuse to take responsibility. *. They have changed the terms and conditions of my contract and added additional fees without my consent
You can take the following actions:
*. Compile Evidence:
- Photos of damage before and after.
- Expert assessments.
- Witness statements.
*. Formal Complaint:
- Write to the service provider outlining your issues and evidence.
*. Lodge a Complaint:
- NSW Fair Trading or ACCC.
*. Seek Legal Advice:
- Consult a lawyer for contract interpretation and further steps.
Would you like more information on how to lodge a complaint with NSW Fair Trading?
*. Compile Evidence:
- Photos of damage before and after.
- Expert assessments.
- Witness statements.
*. Formal Complaint:
- Write to the service provider outlining your issues and evidence.
*. Lodge a Complaint:
- NSW Fair Trading or ACCC.
*. Seek Legal Advice:
- Consult a lawyer for contract interpretation and further steps.
Would you like more information on how to lodge a complaint with NSW Fair Trading?
Is it unlawful for a service provider to change the terms and conditions of my contract and add additional fees without my consent. Can they pursue this money using a debt collector
In New South Wales, it's generally unlawful for a service provider to change the terms and conditions of your contract or add additional fees without your consent. This could be considered a breach of contract or misleading and deceptive conduct under the Australian Consumer Law (ACL). They cannot legally pursue this money using a debt collector if the changes were made without your consent.
Would you like more information on how to dispute these changes or seek legal advice?
Would you like more information on how to dispute these changes or seek legal advice?
what are the consequences
In New South Wales, the consequences for a service provider unlawfully changing contract terms and adding fees without consent can include:
- Contract Breach: The service provider may be liable for breach of contract.
- Consumer Law Violation: They may face penalties under the Australian Consumer Law (ACL) for misleading and deceptive conduct.
- Debt Collection: Any attempt to collect unauthorized fees through a debt collector could be unlawful.
Would you like information on how to dispute these changes or seek legal advice?
- Contract Breach: The service provider may be liable for breach of contract.
- Consumer Law Violation: They may face penalties under the Australian Consumer Law (ACL) for misleading and deceptive conduct.
- Debt Collection: Any attempt to collect unauthorized fees through a debt collector could be unlawful.
Would you like information on how to dispute these changes or seek legal advice?
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