VIC Removalists Damaged Furniture - Australian Consumer Law Rights?

[KERRI MINOTTI]

Hi, I used a removalists company (recommended by the storage company) to move my belongings into storage 22/4/15. My leather lounge, tv unit & hall table were damaged due to the incompetency of their employees. I took photos & filled in the claim forms as instructed by company & have kept in contact via email trying to have the matter resolved.

The company is unwilling to assess the damage till my belongings are moved out of storage due to labour costs & as I explained to the company due to unforeseen circumstances I do not know exactly when that will be. They have stated that they have the right to choose the course of action that is most viable for them so if the cost of repair is more/equivalent to the depreciation value of my goods they will pay me the depreciation value and take my goods. All I want is my furniture restored to it's pre-move condition as I have looked after it very well. The pittance the removalists would pay in depreciation value would not even purchase me a similar couch.

What can I do under Australian consumer law?

 

[Sophea]

Hi Kerri,

The type of insurance policies most removalists carry doesn't insure your property. It insures the removalist against liability for negligence. Therefore it only pays out if they are deemed legally liable to compensate you for damage which resulted from their negligence. Usually claims paid are limited to their depreciated value, allowing for wear and tear etc.

Removalists do owe certain duties under Australian Consumer Law, however these don't really impact how they conduct their insurance claims.I suggest you either simply wait until you move the goods again for them to assess as they said they will, otherwise negotiate something else with them. If you have trouble or need dispute resolution services, you can contact VIC Consumer Affairs and they may be able to help you out.

The reality is that, yes the insurance is likely only worth the difference between what your furniture was worth before and what it is worth now, which is a pittance I know and extremely frustrating, however unfortunately you don't really have any other recourse against them.

 

[Ivy]

Hi Kerri,

Like @Sophea said, the removalists do owe you certain duties under the Australian Consumer Law. If they have acted negligently and damaged your furniture as a result, you may be able to recover some or all of the cost of the service. Trying to assess damage and the depreciation in value from the damage to the furniture is also technically doable and actionable through VCAT however unless your furniture is worth quite a lot and the depreciation has been significant, it may not be worth your time trying to pursue it.

If I were you, I would call Consumer Affairs Victoria and talk to them about what your rights are in this situation and then try to recover the cost of removal from the removalists at the very least.

 

[Phae]

Hi I recently (Nov) used a very highly recommended Removalist to move my furniture from Ballarat to Gold Coast. Upon inspection of my goods a week later which went into storage I was devastated that from the little I could see everything was completely damaged.
my best friend passed away 17 yrs ago in April, I had her stunning wrought iron and glass coffee table, which was left to me and I guarded it with my life, it was all I had of her, the scrolled metal base has been completely destroyed, my antique brass lamp is bent, my wrought iron towel rack is badly damaged, they promised to put the bars in my brand new washing machine but they never did. I don’t know how much more is damaged? Some of these are irreplaceable and I’m devastated.
ive been in touch with the broker who looked after me, mind you I did advertise for referrals on the best movers, and everyone came back stating to use these guys, they were brilliant.
as for extra insurance I was Never once guided by the broker nor offered the choice for insurance.
im 62, I was exhausted from packing and it’s pretty impossible to remember everything when your moving interstate.
when the removalists were there I explained that certain things were “Irreplaceable“ and for them to be careful. They promised me they’d be extra careful.
these few things I have are all I have left in this world, especially my friends things whose passed.
there must be something I can do, as the broker has informed me by email that they are no longer using them as they had others whose goods were damaged.
i feel the broker is also at fault not offering me the option for insurance.
I have contacted the removalists by email quite a few times and they have never contacted me.
please help!
its taken me this long to find somewhere to try and get some help because I suffered a massive brain aneurysm and I have no short term memory, but as time goes by I start remembering things.
i truly WOUKD appreciate some help.
thank you