Sorry for long post, desperate for some help, please.
So I had a moment of silliness, was on a Facebook Group for used designer clothing and found a second-hand designer dress I wanted. The seller asked me to direct deposit funds and I did, should have gone through Paypal I know (this was just over a week ago).
Dress is advertised as 'in perfect condition' and 'worn only once'.
I know I am totally at fault for entertaining her and transferring the funds directly.
To cut a long story short, after much messaging and a few false tracking numbers, I gave notice that she must refund my money within 24 hours or I will take further action. No refund, of course, but yesterday I receive a parcel containing the dress.
I open the parcel, the dress is smelly, not cleaned, quite soiled and all the seams on the dress have been under so much stress, and over a period of time I would imagine, that the seams are about to give way (100% silk dress). I took photos immediately and sent them to the Facebook Group's Administrator.
The Administrator cannot believe the condition of the dress and immediately messaged the seller to request a refund. The administrator also advised that this is not damage, that is done in a short period of time (i.e. when I received the dress but, instead, over a long period of time and wearing). The Administrator also offered to be the middle person and hold the refund in her Paypal account until the dress is returned (very kind of her, she has been a great help).
The seller then advised that the dress was perfect when she sent it and that I had obviously damaged it when I received it. The seller sent many messages to the Administrator until the Administrator blocked her from the group and advised me to take further action as getting a refund of her is going to be near impossible.
I have taken screenshots of the original dress listing, our conversations, the transfer and all relevant messaging. I have plenty of proof as to the transaction. I have every message since the beginning.
The only contact details I have are her Facebook page and her return address on the parcel.
I have now lodged a dispute with my bank (we are both with the same bank) and with ACORN. I have contacted QCAT who said they are unable to help me. I am in QLD, she is in NSW.
Is there anything I can do under Australian Consumer Law to recover by $380 or do I just put it down to a hard lesson learned?
Thank you for reading and thank you in advance for any help.
So I had a moment of silliness, was on a Facebook Group for used designer clothing and found a second-hand designer dress I wanted. The seller asked me to direct deposit funds and I did, should have gone through Paypal I know (this was just over a week ago).
Dress is advertised as 'in perfect condition' and 'worn only once'.
I know I am totally at fault for entertaining her and transferring the funds directly.
To cut a long story short, after much messaging and a few false tracking numbers, I gave notice that she must refund my money within 24 hours or I will take further action. No refund, of course, but yesterday I receive a parcel containing the dress.
I open the parcel, the dress is smelly, not cleaned, quite soiled and all the seams on the dress have been under so much stress, and over a period of time I would imagine, that the seams are about to give way (100% silk dress). I took photos immediately and sent them to the Facebook Group's Administrator.
The Administrator cannot believe the condition of the dress and immediately messaged the seller to request a refund. The administrator also advised that this is not damage, that is done in a short period of time (i.e. when I received the dress but, instead, over a long period of time and wearing). The Administrator also offered to be the middle person and hold the refund in her Paypal account until the dress is returned (very kind of her, she has been a great help).
The seller then advised that the dress was perfect when she sent it and that I had obviously damaged it when I received it. The seller sent many messages to the Administrator until the Administrator blocked her from the group and advised me to take further action as getting a refund of her is going to be near impossible.
I have taken screenshots of the original dress listing, our conversations, the transfer and all relevant messaging. I have plenty of proof as to the transaction. I have every message since the beginning.
The only contact details I have are her Facebook page and her return address on the parcel.
I have now lodged a dispute with my bank (we are both with the same bank) and with ACORN. I have contacted QCAT who said they are unable to help me. I am in QLD, she is in NSW.
Is there anything I can do under Australian Consumer Law to recover by $380 or do I just put it down to a hard lesson learned?
Thank you for reading and thank you in advance for any help.