It was 11pm, raining, and you were locked out. The first result on Google said “24/7 locksmith, $49 callout”. A guy turned up in an unmarked car, looked at the door for ten seconds, said it would need to be drilled, and forty minutes later handed you an EFTPOS machine showing $860. “Callout, after-hours, drilling, new lock, labour.” You paid because he had your new keys in his hand and you wanted to go inside.
This is one of the most reported service scams in Australia. The good news is that it’s also one of the easiest to reverse if you act in the next few days.
Your rights
- Misleading or deceptive conduct (s 18 ACL) and false representations about price (s 29(1)(i)). Advertising “$49 callout” when the real minimum charge is ten times that is a false representation about price. The ACCC and state regulators have taken action against lead-generation locksmith networks over exactly this.
- Unconscionable conduct (s 21 ACL). Exploiting someone who is locked out, at night, with no realistic alternative, by quoting only after the work is done, is the kind of conduct s 21 addresses. Courts look at whether undue pressure or unfair tactics were used and whether the price was disclosed.
- No agreed price means a reasonable price only. If no price was agreed before the work started, you’re liable to pay only a reasonable charge for the work actually done. A reasonable after-hours callout and a standard lock in most capital cities is a fraction of what these operators charge. Anything above a reasonable price is recoverable.
- Consumer guarantees (ss 60–62 ACL). Drilling a lock that could have been picked, or fitting an inferior lock, is a failure to act with due care and skill.
- Licensing. In New South Wales, locksmiths must hold a security licence under the Security Industry Act 2003 (checkable via NSW Police’s SLED). Some other states require registration or trade credentials. An unlicensed operator can’t lawfully charge for the work at all.
What to do right now
- Get an itemised tax invoice, in writing. With an ABN and a business name. Many of these operators trade under a different name from the website you called. If the “invoice” is a handwritten scrap or an SMS, that’s a red flag you’ll use.
- Get two quotes from established local locksmiths. Call two Master Locksmiths Association members and ask what they’d charge for an after-hours callout and the same lock. Their numbers, in writing, establish the “reasonable price”.
- Check the licence and the business. NSW Police SLED register, ABN Lookup for the entity name on the invoice, and the Master Locksmiths Association directory. Note whether the website that quoted $49 belongs to the same entity that charged you.
- Call your bank for a chargeback if you paid by card. Reason: the merchant misrepresented the price and charged an amount not agreed. Provide the screenshot of the “$49” ad and your quotes. Card schemes recognise this scenario.
- Send a Letter of Demand. A formal letter citing ss 18, 21 and 29, the advertised price, the reasonable price evidence, and a refund of the difference within 14 days, before fair trading and the ACCC. These operators rely on customers being embarrassed and going quiet. A formal demand that names the ACL and the regulator gives them a deadline and a record; don’t accept less than the difference between what you paid and a reasonable price.
- Report it. Fair trading, ACCC, and a factual Google review. Each report helps the next person.
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How the scam works (so you can describe it precisely)
A lead-generation operator runs dozens of websites with local-sounding names and a low advertised callout fee. The call goes to a national dispatcher who sends a subcontractor. The subcontractor is paid on commission and has every incentive to drill rather than pick, to fit an expensive lock, and to add fees. The price is never disclosed before work starts. When you complain, the website operator says they’re “just a directory” and the subcontractor says he’s “just the technician”. Both are liable: the website operator for the misleading price, the technician for the unconscionable charge. Address the Letter of Demand to both if you can identify them.
The lock they fitted. Check what it actually is. Photograph it and search the model. Some operators fit a $20 hardware-store lock and invoice it at $250 as a “high security cylinder”. A genuine locksmith’s invoice for the replacement, or a hardware store price for the same part, is the evidence. If the drilling damaged the door or frame, photograph that too; repair cost is claimable, and needless drilling of a lock that could have been picked is a due-care failure in its own right.
If you paid cash or bank transfer there’s no chargeback, but the Letter of Demand and the tribunal still work, and the ABN and bank details on the payment identify the entity to claim against. Keep the transfer receipt.
Who to complain to
Your state fair trading body (NSW Fair Trading, Consumer Affairs Victoria, Queensland OFT, and equivalents). The ACCC for the misleading advertising. NSW Police SLED or your state’s licensing body for unlicensed work. Your bank for a chargeback. The Master Locksmiths Association of Australasia if the operator claims membership. Your state civil tribunal for the refund.
Start your claim — $49
Claim Done drafts your Letter of Demand in about 5 minutes for $49. Tell us what happened — we handle the legal language.
You approve it before anything is sent.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand 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=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand 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 Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; 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 Letter of Demand template doesn't?
It drafts the Letter of Demand 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.