You found a great deal on Facebook Marketplace, paid by bank transfer, and now the “seller” has gone silent, blocked your messages, or shipped you an empty box. It is one of the fastest-growing complaint categories at the ACCC’s Scamwatch — and one where Australians often feel powerless.
The honest truth: recovery depends entirely on whether you can identify a real person with assets in Australia. If you can, a properly drafted Letter of Demand is exactly the right next step.
The legal context
Where a real seller has accepted payment and failed to deliver, you have a straightforward contract claim. If the seller is operating in trade or commerce, the Australian Consumer Law adds statutory guarantees about acceptable quality and fitness for purpose. Where the seller is a private individual, contract law and the tort of deceit still apply.
You should also lodge a report with ReportCyber (the police cybercrime portal) and notify your bank immediately. Under the ePayments Code, banks must investigate unauthorised or mistaken transfers — recovery is not guaranteed, but the chargeback or recall request must be made fast.
Realistic outcomes
If the “seller” used a fake name, a burner phone and a mule bank account, recovery is unlikely no matter what letter you send. Be honest with yourself about that.
But if you have the seller’s real name, an Australian address, a verified ABN, or a bank account in their actual name, your odds change completely. A Letter of Demand puts them on formal notice that VCAT, NCAT, QCAT or the Magistrates Court is the next step — and most respond rather than face a default judgment on their credit file.
The document approach
A scam-recovery Letter of Demand needs to do four things: identify the parties precisely, set out the transaction with dates and amounts, demand a sum certain (refund plus any reasonable costs), and give a deadline of 14 days before tribunal action. It should reference both contract and the relevant consumer protection regime.
What Claim Done delivers ($79)
Our AI drafts a tribunal-ready Letter of Demand for a flat $79. You answer plain-English questions about the transaction; we produce a PDF in your name, with the correct legal grounds, a 14-day deadline, and language that signals you are serious about escalation. No subscriptions, no upsells.
What to expect after
Send the letter by email and registered post. In parallel: lodge with ReportCyber, request a recall through your bank, report the listing to Meta for takedown, and file a Scamwatch report. If the deadline passes without response, your tribunal application is the natural next step — and judges look favourably on claimants who tried to resolve the matter first.