QLD Australian Consumer Law - Video Store Claiming I Never Returned Video?

[KimBer]

In 2012, we hired 2 videos, 1 overnight and 1 weekly. A month or so ago, I received a notice from the video store saying I hadn't returned the weekly video and I owe them $40 for replacement of the video, but if I paid immediately they would reduce it to $20.

I phoned the store, informed them that we didn't have the video and we took all videos back and nothing is outstanding and there must be a mistake. She agreed with me and said that "who knows what goes on in this store? Often times we would return videos, place them on the top of their huge pile that was sitting on the front desk awaiting scanning and re-shelving."

Anyhow, after this phone call, the manager was quite abrupt and said pay the money or we will send it to the debt collector. I have since subsequently received a Final demand from the Debt Collector making threats saying if it isn't paid within the next week their client may commence legal proceedings in a court or tribunal.

How can they do this under Australian Consumer Law? It is their word against mine and I did the right thing.

 

[Sophea]

Hi KimBer,

If they are to take this to a court or tribunal, (which would seem silly because the cost of doing so would be more than the fine they are trying to recover) they will have to prove that you didn't return it. They have the onus of proving that and if they can't they won't succeed. I would send them a letter, in writing (which can be relied on as evidence later if necessary) stating that you hired the movie on x date and you returned it on x date and that you are not liable for the penalty they are claiming and if they wish to try and take it to a court or tribunal you will fight them all the way because you are in the right. Surely over $40 they will drop it.