Removalists Lost My Table - What are My Options?

[Fea]

Hi there,

I engaged removalists to transport my contents from Qld to Vic and when they arrived, they realised that they'd left my dining table in their Melbourne depot when they were changing trucks. The driver said they'd deliver it within the month when they were next in the area which was fine with me because my furniture was in storage so I didn't have an immediate need of it anyway.

Two months later, after no further contact with them, I emailed them asking about my table. They advised that their driver hadn't told anyone about the missing table, and they hadn't seen his notes on the delivery slip about it. They've had a look and can't find the table. They suggested I claim it on my contents insurance but that would mean paying my excess which is probably more than the table is worth.

I've sent them a letter outlining the situation and told them that I would like them to reimburse me for the cost of the table. I've advised them that they have until the 3rd of July to respond. If they once again tell me to take it up with my insurance company, what are my options? Is there anything else I can do under Australian Consumer Law?

Any advice would be greatly appreciated.

 

[CathL]

Hi Fea,
Unfortunately, removalists aren't a new topic to this legal forum. See this previous LawAnswers post 'Removalist sent me an Intention to Sue Letter'.

You've already taken the first step - to write to the removalist to complain about their inadequate response. Your letter should set out:

1. a summary of the facts to date (with clear headings, checked for spelling and grammar, etc.);
2. that under Australian Consumer Law, the removalist is obliged to guarantee that their services are provided with due care and skill to avoid loss or damage to goods; and
3. that you intend to seek compensation from the removalist for the loss of the table (and provide a receipt for the table if you have one, or a reasonable estimate of the cost to replace the table).

The Australian Consumer Law's Industry Guide to Personal Services (page 9) sets out further information in relation to "loss or damage to goods".

If the removalist business doesn't resolve your complaint within a reasonable time, you can submit your complaint to Consumer Affairs Victoria (CAV) for investigation.

I hope that helps. Let us know how you go.