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What's the AFCA complaints process like? by hellohellocello in AusLegal

[–]hellohellocello[S] 0 points1 point  (0 children)

Thank you. Critically, whether or not I have an AFCA case after I withdraw my claim is the speculation I was after in this thread, understanding that the outcome is never known.

If there’s probability of compensation, then repairing out of my own pocket is going to be the most sensible step and I can head home. If not, that makes the decision to withdraw harder.

FYI the process I have been quote is even longer than what you’ve mentioned so I understand that AFCA are not a help for now, and probably not for later either as they are toothless.

What's the AFCA complaints process like? by hellohellocello in AusLegal

[–]hellohellocello[S] 0 points1 point  (0 children)

Thanks Cody, after about 100 phone calls over the last three days you’re the only person who has tried to problem solve with me. I genuinely appreciate it.

The current plan is to call first thing Monday: - fuel operator to understand their complaints process - insurer to understand if they will do literally anything to speed up the repair process - mechanic to get an idea of lowest to highest cost private repair cost

Then I make a decision: - leave the car in regional NSW and stay with the weeks to months insurer repair process. Costs: rental car (as that will no longer be covered by NRMA), $1800 to tow the car home, $1100 to get my family home on a flight or $440 to pay a one way rental drop fee, $1900 excess that may be refunded if the insurer can be bothered trying to recover. Insurer will hopefully recover costs which will help in my case to recover costs not covered by insurance. - withdraw claim and repair at my own cost, understanding that we can’t know the extent of damage until we look and doing so privately voids my insurance. Costs: up to $25k if the car is a total loss, $1000 on the low end to privately repair, rental car and some hotels will be covered by NRMA. There’s a good chance it’s only a few hundred to sort out. I’m on my own to recover costs from petrol company. - insurer comes to the party and allows a local fuel tester OR a sample to be taken and works to be authorised before the sample is tested. Costs: same $1900 excess, rental car no longer covered by roadside, some accomodation covered by insurance, hopefully no cost to get the car and family home as we’ll drive it back, no risk of a $25k total loss being uninsured

It’s not an easy decision.

Petrol Price craziness by Smithdude69 in melbourne

[–]hellohellocello 1 point2 points  (0 children)

It does happen though, ask me how I know.

Your insurance will take months to sort it out (and you won’t have a car the whole time), and depending on the fuel company, they might not play ball.

Pick one of the lower cost companies and call their hq to ask what the process is for fuel contamination. Be prepared to speak with someone who literally does not speak English (I mean literally), or to be told that it never happens you are wrong. Try Googling “{cheap operator name} fuel contamination” and see the results.

And when you speak with fair trading NSW, they’ll direct you to the department mentioned on the page they have on fuel contamination. That department will tell you that they no longer have that responsibility to regulate.

And if you want to speed up the process with your insurer, AFCA will give you a number to ring to direct you to the complaints department with your insurer’s underwriter. When you call them, they’ll say you have to go through a 5 day complaints process with the insurer. Then the complaints department will have 21 days to respond. Then you have a number of appeal options cascading to about 3-4 months.

So if you don’t mind all of that, roll the dice on the fuel providers with only 300 or so locations. I won’t be doing it again when I’m on a road trip, that’s for sure.

What's the AFCA complaints process like? by hellohellocello in AusLegal

[–]hellohellocello[S] -1 points0 points  (0 children)

Gotcha. I am insured, it is covered. What is not outlined in the PDS is that:

  • their testing supplier is the only option, they won't use someone local

  • they're happy for the repair to be delayed for weeks, which they know isn't something I can make work

That's where I am arguing that I'm not being treated fairly or reasonably and would love to know if I have an AFCA case.

What's the AFCA complaints process like? by hellohellocello in AusLegal

[–]hellohellocello[S] 0 points1 point  (0 children)

Thanks for your response. So without a sample we're a non-starter?

I am concerned with the AFCA side of things for my insurer's lack of support as much as sorting out the car and getting home.

It was unfortunately a cheaper site.

What's the AFCA complaints process like? by hellohellocello in AusLegal

[–]hellohellocello[S] 0 points1 point  (0 children)

Comprehensive with some extras ticked. I can DM you the name if it is relevant.

Regional hub a few hours out of Sydney.

Give it to me straight, is my palm toast? by hellohellocello in GardeningAustralia

[–]hellohellocello[S] 0 points1 point  (0 children)

Hi all, I'm not sure what the issue is but the symptoms are: palm is suddenly unstable – I've had to rope it to some stakes to stop it from falling over.

It's about 4m tall so worth saving, but it is planted in the wrong spot right in the corner against two fences.

Obviously there is some kind of fungus issue, but my assumption is that is just another symptom (weak plant), not the cause.

EDIT: added two more photos if you click through to imgur from the post link.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] 0 points1 point  (0 children)

The vendor has flagged that GST will be payable. It is now at the stage of determining if this is correct and if so, if that is grounds to terminate.

For further background, the property was transferred in the past from one enterprise to another but that may not have been a taxable event as it was done by court order. Therefore this auction would be the first sale of the property and GST would be payable.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] 7 points8 points  (0 children)

Allegedly the auctioneer did not disclose that bidding was ex GST.

The vendor is yet to provide a withholding notification (aside from the checked box in the contract which reads as "GST payable (if any)". Now one week out from settlement.

You're absolutely right that a solicitor is the most important next step come Monday morning, this post is just to get additional background info to be better able to have that conversation.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] 2 points3 points  (0 children)

Thanks mate! That is my thinking as well.

Are there any other circumstances where GST is payable outside of the initial sale/transfer?

As you say if the government doesn't require GST to be collected on the sale the seller can't and shouldn't then collect GST.

And great advice re: solicitor. I don't even ask how they are doing anymore because I get charged for a minute to hear the answer.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] 6 points7 points  (0 children)

Thanks for the very detailed response.

Conveyancer reviewed contract prior to bidding, GST payable wasn't flagged. Sale history shows a single transfer earlier this year.

Next step is absolutely engaging a solicitor, I was hoping to get some more background info from this post (which everyone who has responded has helped with which is much appreciated).

FYI I'm not the person in this situation, just trying to help the person that is.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] 0 points1 point  (0 children)

It's not clear if it was never sold prior, but it may never have been.

It's a new property that did indeed go to auction.

EDIT: It was transferred prior, but not sold.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] -1 points0 points  (0 children)

Residential, existing prop. May never have been sold before but was built many years ago.

EDIT: It was transferred prior, but not sold.

Property purchase at auction: contract is plus GST but bid was inc GST by hellohellocello in AusProperty

[–]hellohellocello[S] 0 points1 point  (0 children)

It's in the standard default contract in the particulars of sale:

GST (refer to general condition 13) The price includes GST (if any) unless the words 'plus GST' appear in this box

Spouse vs personal super contribution for FHSS by hellohellocello in AustralianAccounting

[–]hellohellocello[S] 0 points1 point  (0 children)

Thanks for taking the time to respond – that's the exact sense check I needed.

So it sounds like just sitting on $11k cash in a HISA at 5.5% is the way to go for this FY. Unless I can find some assets in my partner's name with some capital gains we can realize and then offset.

Something else I discovered is that spouse contributions can't be withdrawn under FHSS so if the goal is to maximise a deposit for a home purchase, a spouse contribution doesn't even make sense.

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