You’ve moved house. You rang your NBN provider to cancel. Forty minutes on hold, then a “retention specialist” who won’t take no for an answer. You said “cancel” seven times. Two months later there are two more $89 bills and a “late payment” fee, and now a debt collector is texting you.
This is not a misunderstanding. It is a business model. And there is a fast way to end it.
You can cancel. They cannot stop you.
Telcos in Australia are bound by the Telecommunications Consumer Protections Code, which says you must be able to cancel easily and they must stop billing you when you do. On top of that:
- Section 18 of the ACL – telling you that you “can’t cancel until the contract ends” when you are month-to-month is misleading.
- Section 60 – customer service is part of the service. Making cancellation impossible fails due care.
- Section 267 – you can recover money charged after cancellation.
Step 1: Cancel in writing, today
Stop ringing. Send an email (and if they have a web form, that too) saying: “I cancelled this service by phone on [date]. This email confirms cancellation effective [date]. Stop billing and confirm in writing.” Keep a copy. Now there is a date on record.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Step 2: Cease and Desist
If bills keep coming or a collector is chasing you for charges after that date, send a Cease and Desist letter. It tells the provider (and any debt collector) that:
- The service was cancelled on [date] and no debt exists after it.
- Continued billing and collection activity is misleading under s 18 and breaches the debt collection guidelines issued by the ACCC and ASIC.
- They must stop contact, withdraw any default listing, and refund overcharges within 14 days.
- Failing that, you will lodge with the TIO and pursue costs.
Debt collectors in particular take a cease and desist seriously. Continuing to chase a disputed debt after one can breach the law, and they know it.
Step 3: The TIO
The Telecommunications Industry Ombudsman is free, online, and telcos are required to take part. Every complaint costs the provider a fee, and unresolved complaints cost them more. Lodge at tio.com.au with your cancellation email, the bills, and your cease and desist letter attached.
Check your credit file
If a default has been listed, the TIO can order it removed. Get a free copy of your credit report from Equifax, Experian or illion and mention any listing in your complaint.
You do not owe money for a service you told them to switch off. Make them switch it off.
Claim Done drafts your Cease and Desist for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Cease & Desist drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.
How much does a Cease & Desist cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Cease & Desist in Australia?
No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Cease & Desist template doesn't?
It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.