Looking for some practical advice on where this sits legally and what the right next move is.
On 30 June I ordered a PS5 Pro from Target's website for $1,299. The order went through, and the next day I received an official Order Confirmation and Tax Invoice. About 20 minutes later, I got a second email saying the order was cancelled due to no stock.
I told Target I was happy to wait for stock rather than cancel outright. Heard nothing for over a week, so on 9 July I asked for a refund instead. Target agreed and said it would land in my account in 3-5 business days.
Worth noting, around 19 July the same PS5 Pro came back in stock on Target's website, but this time at the full RRP of $1,398, roughly $100 more than what I'd paid. So it looks like they may not have been genuinely out of stock so much as unwilling to honour the $1,299 price once it went back on sale at a higher price. That's part of why I'm sceptical of anything they tell me at this point.
After the refund was agreed on 9 July, things started going in circles. On 14 July they contacted me saying there was a problem with my bank details, even though I'd already verified everything with them by phone on the 9th. I gave my details again and asked for written confirmation, which came back with a new timeframe of 5-7 business days. Still nothing. When I chased it up again this week, I was told the refund was actually sent on 13 July and would take 3-10 business days. I pointed out the obvious problem: if it was sent on the 13th, why was I asked to re-verify my bank details on the 14th? Their answer now is that the 13 July transfer failed, so they reinitiated it on the 14th, and I need to wait another 5-10 business days.
At no point have they been able to provide a remittance advice or any proof that a transfer has actually been made.
I've already lodged a complaint with Consumer Affairs Victoria. They looked into it and told me Target's conduct likely breaches several sections of the ACL (misleading conduct, false representations about availability, and accepting payment for goods they couldn't supply), but CAV's role is limited to conciliation, and they've said if Target keeps stalling, VCAT is the next step. I've sent Target multiple emails referencing this, including a final notice with a deadline, and they've continued to just push the timeline back each time.
At this point I have zero confidence Target will actually pay this back without further pressure, and every deadline they give me turns out to be another story.
A few questions:
At what point does it make sense to actually file with VCAT, rather than keep giving them more days? Is there a minimum number of follow-ups or time period expected before VCAT will take a case seriously, or can I file now given the pattern of behaviour?
Has anyone actually gone through VCAT for something like this? How long does it typically take from filing to an outcome, and is it worth the time/cost for an amount like this ($1,299)?
Does the fact that the item reappeared at a higher price shortly after change anything legally, e.g. in terms of misleading conduct or bait pricing, or is that more of a moral point than a legal one?
Should I be documenting anything specific going forward (e.g. call recordings, specific wording from staff) to strengthen a VCAT claim, given they still haven't provided any remittance advice? I already have all emails with their "refund time frame".
Appreciate any insight from people who've dealt with something similar, or anyone with direct experience taking a retailer to VCAT over a refund dispute.