who should pay for lost post

Started by ausjack, December 30, 2014, 06:30:27 AM

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ausjack

Ok after having $100 stolen from AU post I was wondering how it works when buying and selling and who should wear the cost if lost because someone has too and it's not the post as they say they "we take no responsibility" and I have noticed more and more ebayers have put the same down that they take no responsibility for lost post, so my questions is for all including auction houses and the like that add a forth to the equation, who should pay, should it come back on the post, the middleman or seller or buyer, and remember the buyer has already missed out on the goods they've paid for. This I have been pondering for a while and I'm still no further ahead and think AU post should wear it if they lost it and not use the piss poor excuse of "no responsibility" :dodgy:

Ok a few more points to think about before people go off,
it makes me uncomfortable so why should I have to lie about what I am sending, I have enough trouble remembering with out lying and then I have to try and remember the lie :dash1:
Also should coins and banknotes be classed as currency, I think once someone is prepared to pay a premium the item should then be classed as collectable so should be able to claim.
There's more but I need a little rest as frying my brain to much thinking about different thing :blink:
A wise person knows there is something to learn from everyone.

Coiny Chris

Hi,

The rules say you cant post money. Now if it is worth more than face value, it is a collectable. Same as a Royal Doulten plate, but for peace of mind use registered and have insurance. AP are slowly pricing them selves out of business, there are already Courier companies that are cheaper. Once they lose their economy of scale, they will be like the Dodo. The other half got a parcel from a Courier company, picked it up on a Sunday at a local supermarket.

I think they would still have some legal responsibility, despite the disclaimers. They are being paid to deliver something, so they have to. I would look at general terms, as there may be something they cant get out of. Good luck with it.
A rolling Coin gathers no change. C Chris

Pedro

Simple logic would suggest that if Australia Post fail to deliver that AP should cough because you have paid them to take the item to the desired destination and they have not kept their part of the bargain. Unfortunately, it doesn't work like that!

As AP have no way of knowing what was in a parcel they would be at the mercy of unscrupulous people claiming for inflated or non-existent losses.

Senders have not control over AP so they shouldn't  be responsible. Catch 22.

Registered post seems to be best option for added security but it is not perfect either. Could use an independent courier but they get pricier and I'm not sure what terms and conditions they have in relation to non-delivery.

Doesn't take into account what can happen in the mail service either with packages being bent out of shape from time to time.        

All in all a bit of a lucky (or unlucky dip) with AP!

Pedro

ausjack

Well the truth is that they will give you back the cost of the registration but that's it, been to fair trading who said they couldn't do anything so told me to try postal ombudsman and no good there so went to local member and still no luck :(

So food for thought and I suppose I'm luck it was only face of $100 and lucky it wasn't one of the $500 bundles I sent to Fulvio, if I lost that I think that would be enough to push me over the edge :cray:

I was totally honest all the way through and didn't want any extra for the cost of the error but just face value back and still got screwed so there's no point in being honest because good guys finish last and that's why I'm a loser, so I think I might have to get mean :winkextra:
A wise person knows there is something to learn from everyone.

stevo1962

Unfortunately there will always be people who will try to make easy money at the expense of others so
you should do what it takes to protect your posted items and if that means telling a lie about what you are posting
then that's what you have to do.No point in making your item a target as you can bet that it will pass through the
hands of a potential thief at some stage of its trip
It\'s not about who you know it\'s about what you know

ausjack

Yeah true Stevo but I try and be honest and shouldn't have to lie and there wasn't anything written on it except for the name and address and it was in between cardboard to protect and so people like that couldn't easily see it was money :(
A wise person knows there is something to learn from everyone.

serial

you can post money in australia so long as it is under $200 face and sent registered post

robbiegal

registered post doesn't cover banknotes

serial

No it doesn't cover it but you are allowed to send currency with certain restrictions

JeffH

"registered post doesn't cover banknotes "
Well, actually it does. Extract from Australia Post rule;
"In Registered Post or parcel services when used in conjunction with
Extra Cover and Signature on Delivery within Australia, Australia Post
accepts banknotes or coins to a maximum face value of A$200 in any one
consignment." For more information check post number 16 at i want to know if.

However, the clincher is the next line "Australia Post accepts no liability for the loss of or damage to any such articles containing banknotes." Presumably they will accept loss and/or damage to coins -has anyone tested that? AJ, was your loss coins or notes?
So you pay extra for registered (or Signature on delivery plus Extra cover) and what do you get for your money? Zip, nada, nil, zilch, SFA, nothing...... that reflects Australia Post's customer service attitude methinks.
Thinking is dangerous, it makes you think. That\'s why many people avoid it.

ausjack

I can tell you all it's fact that if you send notes using reg post and your honest and it get lost and they addmit they lost it it's tough shit and you will only get the $3 reg post back and that's it, lose it and find out the hard way like I did and as I said who do you go to because no one wants to know any thing about it not even the local member :(

and I notice no one wants to answer the question I posed, who should pay for lost post, buyer, seller, middleman or AU post????
A wise person knows there is something to learn from everyone.

ausjack

A wise person knows there is something to learn from everyone.

JeffH

The answer has already been given -Australia Post is responsible; Australia post should pay.
Registration and Extra cover have provision for the nature and value of the contents to be declared so there should be no argument.

They know full well that, for the values involved, no one will take them to court. Even if you have a win there is no guarantee that they will be ordered to pay expenses (which could be many times the amount in dispute).

Just another reason why more and more people are seeking alternatives to Australia Post.


Regardless of what the counter staff tell you, submit a "Customer Service Complaint" form and ensure you keep the acknowledgement slip with the claim number on it.
Staff are obliged to send it to Australia Post's Customer Contact Centre for review and determination of response.

You can then later follow up the complaint by 'phoning 131318 and quoting the claim number if there appears to be no action.
Get a copy of the form anyway, at any post office, and peruse the list of things you can complain about -includes "other" too. (On the reverse of the form is a list of 44 code numbers for types of complaints.)
Over the years my wife and I have had cause to lodge several complaints; missing parcel, received damaged etc. and have always been offered some compensation. In one case we received 50% of claim for a parcel that was neither registered or insured!
Thinking is dangerous, it makes you think. That\'s why many people avoid it.

serial

why not take them to small claims court?
they will have to pay a senior manager to attend and the cost of that will exceed the value of just paying you. in addition they cannot claim costs general regardless of out come (WA laws)
out of interest when you lodged the claim did you refer to it as a Numismatic collectable item or cash? because it could be argued in court that they are 2 different things and I hope you didn't call it cash.
but to answer you 1st question, the buyer shouldn't get lumped with this, it is up to you to seek compensation off aus post and in my opinion they should pay. honestly good luck, don't let them get you down and don't give up!

oh my florin

Quote from: 'serial' pid='64601' dateline='1419923084'why not take them to small claims court?
they will have to pay a senior manager to attend and the cost of that will exceed the value of just paying you. in addition they cannot claim costs general regardless of out come (WA laws)
out of interest when you lodged the claim did you refer to it as a Numismatic collectable item or cash? because it could be argued in court that they are 2 different things and I hope you didn't call it cash.
but to answer you 1st question, the buyer shouldn't get lumped with this, it is up to you to seek compensation off aus post and in my opinion they should pay. honestly good luck, don't let them get you down and don't give up!

The classification would matter if Aus Post said they insure Numismatic Collectables but not Money or Cash however from the section provided on the previous page there is no classification specifying such so it wouldn't make or break the case but merely provide a supporting factor.

On the section that Aus Post is regulated by it doesn't limit the claim to face value as such numismatic value would be the total value of the package which was insured (Numismatic Collectable would support this point however is not neccesary.)

I took a bit of time and looked up the exact terms of 'Extra Cover' as provided by Australia Post there are two key sections:

5 Service provided
5.1 Australia Post shall provide the Service when:
5.1.1 a customer makes a written application for the Service in or on a form
prescribed by Australia Post for that purpose;
5.1.2 that application does not relate to any article referred to in clause 8 (to the
extent that can reasonably be ascertained at the time of application);
5.1.3 Australia Post accepts that application; and
5.1.4 the customer pays the fee charged by Australia Post for the Service in
accordance with clause 7.

And

8 Articles for which the Service is unavailable
8.1 No monies are payable under the Service for loss or damage relating to the carriage
of articles:
8.1.1 containing bank notes, or bullion;

Now these clearly state that only bank notes and/or bullion are excluded from Extra Cover. However coins are not included and since you have paid them for a service (Extra Cover) there must be sufficient consideration provided (Insuring the parcel.) Now you and Australia Post accepted this consideration with you paying the required fee and Australia Post accepting the money. Thereby you have completed your side of the contract but Australia Post has not honoured their end. The Terms and Conditions provided in the respective email are not correct. I suggest sending them a link quoting Schedule 1 of their Terms and Conditions (Particularly Sections 5 and 8) to show them the correct terms and conditions which were agreed to by both parties.

P.S. This is valid as long as you have the receipt for the sent package. PM me if you would like any more advice AJ.