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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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If I have paid the seller by making a deposit directly into

Customer Question

If I have paid the seller by making a deposit directly into her bank account ($430) and have not received the item in the post (australia post says it was delivered to my suburb when I provided them with the tracking number) what avenues of recourse do I have available to me to recover my money or preferably be provided with the goods that I have paid for??
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Apparently there was no signature needed for the delivery because of how the seller sent it.. The seller told me that she had been quoted $22 for postage and when I asked whether that included insurance she replied "no , that would cost more" ,so I told her that I would deposit $30 and did so...
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today.

Are you talking about an eBay sale here? Just want to understand the context of the purchase. Then I can assist you further.

Customer: replied 1 year ago.
No. It was a private sale which originated from a for sale add she had placed on a Facebook group site for a pair of Harley Davidson engine cases... We agreed on a price of $400 over the phone and then she went and got the quote for postage..
Expert:  kmslaw replied 1 year ago.

So I take it you assumed she paid for insurance - has she confirmed that she paid for insurance and did she provide you with a copy of the policy?

If she tells you she did pay for insurance, then tell her that you will sue her for not delivering the item unless she makes a claim on her insurance for the lost item. She is the one that is insured I think when she pays for it through Australia Post. So you need the details of what insurance she has paid for and who the insured is. If it's her, she needs to claim. If it's you, you need to claim but I doubt it is you as the insurer would need details she may not have had for you. Does that make sense? Find out what information you can from her.

If she won't give you information, maybe you can ask Australia Post whether there was insurance tied to the parcel that went missing and get them to send you the policy/details.

Customer: replied 1 year ago.
She has stated that she did not pay for insurance. At the time , when she told me she was quoted $22 ,for postage, and I told her that I would put $30 extra into her account (to cover postage), she then told me that she would post them and let me know if it cost anymore than that... ( I assumed the extra cost (more than extra $8) would possibly or could only be incurred by paying for insurance as I had asked her to,).. Where did my extra ,$8 go?
Expert:  kmslaw replied 1 year ago.

So have you asked Australia Post what they insure you or her against when the items go missing?

Eg when you buy a standard express post envelope I think Aust Post will only cover up to $100 of the value of the lost item, so it's tricky. You need to find out what kind of service she paid for with Aust Post - was it Aust Post? Then they will tell you what she can claim and you will need to drive her to claim it.

Expert:  kmslaw replied 1 year ago.

Hello. Did you see my message from yesterday? Let me know.