Recommendation - 13 November 2017

Key Issues: Consumer lease | Lease provider | Complaint issue | Misleading and deceptive conduct | Inappropriate correspondence | Failure to meet obligations under the terms of a lease agreement

Case summary

  • The consumer leased a laptop from the FSP.
  • The consumer claimed that the FSP’s documentation is misleading and deceptive.
  • The consumer claimed that the FSP inappropriately sent her correspondence.
  • We found that the consumer’s claim that FSP’s documentation is misleading or deceptive was not established.
  • We found that the FSP’s offer to refund the administration fee of $110 to the consumer reasonably compensated the consumer for any loss that she may have suffered as a result of the FSP’s error and recommended that the consumer accept the FSP’s offer to refund the administration fee.
  • After issuing the Recommendation, CIO had further discussions with the parties and negotiated a resolution to the complaint better than that which was recommended.
  • The FSP agreed to refund the consumer all monies paid above the invoice price of the original broken laptop, being the amount of $1,086.18, replaced the broken laptop with a brand new latest model laptop and transferred ownership of the new laptop to the consumer.

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