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Repeat offender steers towards fine

31 July 2017

A Sunshine Coast man has been ordered to pay $6,000 in fines in the Caloundra Magistrates Court today (28 July 2017) after charges were brought by the Office of Fair Trading (OFT) for failing to supply goods paid for by customers.

Braden Douglas Tagg, trading as XRO Racing, pleaded guilty to accepting payment for goods and failing to supply them under the Australian Consumer Law (ACL).

Mr Tagg was fined $6,000 and ordered to pay court costs. A conviction was recorded.

The court heard he took payment from four customers for 4WD accessories, but did not supply the goods or give refunds. Numerous attempts were made by the affected consumers to gain a refund, however they were ignored. Mr Tagg’s business, XRO Racing was unregistered at the time of the offences.

In sentencing, the court considered Mr Tagg’s previous convictions. Mr Tagg was fined $30,000 in January 2015 after the OFT brought charges for the same offences.

Today, the court heard that as part of that previous matter, Mr Tagg made promises to repay three of the affected consumers but failed to do so.

Fair Trading Executive Director Brian Bauer said manipulating consumers would not be tolerated by the OFT, particularly when a trader was a repeat offender.

“The OFT takes these matters very seriously and continuing to take advantage of consumers, especially after previous convictions, shows a blatant disregard for consumer law,” Mr Bauer said.

Mr Bauer advised consumers to take care when asked by traders for upfront payments.

“When buying online or from a business you haven’t previously dealt with, offer to pay only a deposit,” Mr Bauer said.

“Only pay the balance after you have received and inspected the goods or service.

“If the trader refuses to accept a deposit, you should consider taking your business elsewhere.”

The OFT encourages any consumer who has bought goods or services from a business, but has not received them, to lodge a complaint at www.qld.gov.au/fairtrading.

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Last updated
31 July 2017
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