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I have a missing article from AUSPOST valued by invoice at…

Customer Question
I have a missing...

I have a missing article from AUSPOST valued by invoice at $3080 and having finally located it the staff have now 'misplaced' it and offered me $50 plus the postage Sue Pacey

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

Online and received a number and have rung withe the parcel ID until they came up with the amount which I declined saying I would take it further.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have many details of the tracking that is about all.

Submitted: 3 months ago.Category: Australia Law
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Answered in 4 minutes by:
4/3/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

What I'm about to take you is not going to make you very happy.

If you have not taken out insurance to cover the article, you have very little chance being able to get compensation for the item. You are going to have to spend money and take them to court and this is the cost you more than the value of the article and being under $10,000 you will not get your legal costs back.

Further it is the person who sent the article that is the one that must bring the action, as the receiver has no contract with Australia Post.

They have clearly been negligent but you are going to have 2 take further action and sue them and hopefully the tribunal or the ombudsman agrees that you be paid in full the value of your item. But there is no guarantee.

It is only the person who posted the article that has a contract with Australia Post and they are the only ones they can bring the action.

Before they can go to the ombudsman they must lodge a formal complaint with Australia Post and try and resolve the issue and reach an agreement.

Until this has happened the ombudsman will not deal with it.

The ombudsman's website is as follows:

http://www.ombudsman.gov.au/about/postal-industry-ombudsman

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 3 months ago
Alright, I understand all that but might it then become a Police matter as during one of my many phone calls the person said they had located it and to wait a couple of days, however in the next two days it mysteriously disappeared and the fact that I had only just mentioned its value was of concern. If AUSPOT move(###) ###-####per day then I guess in that organistation there must be more than a few bad apples. Talking too expensive, sorry, Sue
Customer reply replied 3 months ago
I'll call tomorrow. Please read above. The last solicitor cut me off before we'd finished.
Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

I tried to message you yesterday but you had opted out and I was locked out.

If you believe that they have stolen the item you have to make a complaint to australia post and give the names of the people that you suspect.

If they investigate and discover that the employees have stolen it they will have them charged and then there is an action for criminal compensation.

You need to get the person that sent the parcel send in a complaint and also mention exactly what you discovered and request an investigation into the situation.

The police will not get involved as they will advise it is a civil matter unless the employer discovers that the employees have stolen it then it is a criminal matter.

I hope this makes sense. I look forward to hearing from you.

Regards

Leon

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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