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I encountered a scammer when I was renting a house in Melbourne. They used pictures of apartments rented on the Airbnb platform. They offered low prices to attract people to view the house and sign contracts, and then collected rent and deposits. What should I do? How can I get back the rent and deposits that were defrauded?

1. Collect All Evidence
Gather all documentation and evidence related to the scam, including:
- Correspondence with the scammer (emails, texts, messages).
- Screenshots or copies of the fraudulent listing.
- Payment receipts and bank transfer records.
- Any contracts or documents you were given.

2. Report the Scam to the Police
Immediately report the scam to the local police. Provide them with all the evidence you have collected. This will help in creating an official record of the incident and may assist in the investigation.

3. Contact Your Bank or Payment Provider
If you made payments via bank transfer or through a payment service (like PayPal), contact them as soon as possible. Explain the situation and ask if they can reverse the transaction or provide any assistance in recovering your funds.

4. Report the Scam to Consumer Protection Agencies
In Victoria, you can report scams to Consumer Affairs Victoria (CAV). They can offer advice and assistance on how to proceed and may investigate the matter.
- Website: Consumer Affairs Victoria Additionally, you can report the scam to the Australian Competition and Consumer Commission (ACCC) through their Scamwatch website.
- Website: Scamwatch

5. Report the Scam to Airbnb
Since the scammer used images from Airbnb, report the incident to Airbnb. They have a dedicated team to handle fraud and may take action against the fraudulent listing.
- Website: Airbnb Help Center

6. Seek Legal Advice
Consider consulting with a lawyer who specializes in consumer law or rental disputes. They can provide you with legal advice on the best course of action and help you understand your rights.

7. Be Cautious in Future Transactions
To avoid similar scams in the future:
- Always verify the identity of the landlord or property manager.
- Use reputable rental websites and platforms.
- Never transfer money before viewing the property and signing a legitimate lease agreement.
- Be wary of deals that seem too good to be true.

Summary
1. Collect all evidence of the scam.
2. Report the scam to the police and provide them with all evidence.
3. Contact your bank or payment provider to see if they can reverse the transaction.
4. Report the scam to Consumer Affairs Victoria and the ACCC via Scamwatch.
5. Report the scam to Airbnb if their images were used fraudulently.
6. Seek legal advice to understand your options and rights.
7. Be cautious in future transactions to avoid similar situations.
If you need more detailed assistance or further guidance, feel free to ask.

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Date
20 September 2021
Place
Victoria
Judge
BUTTON
Highlights
This extract from a legal document summarizing the court's decision on a case is followed by the orders given in response. The first order is to hear the parties on the form of final orders to give effect to these reasons.
Judgment
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