Removalists Refusing to Accept Damages - What Should I Do?

Ljininho on 12/08/2015 - 21:39

Hi Ozbargainers

I was moving properties the other day and hired Rham transport to assist with key furniture. As you can tell from the subject heading, these guys damaged quite a number of items and I was wondering if there was anything I could do to get my money back? Should I go to the Fair Trading Ombudsman?

Any ideas on recourse most appreciated.

Thank you

Home & Garden

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Comments

  • scrimshaw on 12/08/2015 - 21:50

    Have you already tried to negotiate with the removalist / company, what did they say? Sounds like if you haven't got insurance you may be out of luck.

    Insurance for your move

    It is worthwhile arranging insurance for your move to cover your household goods in the case of damage or loss.

    Removalists are not required by law to provide insurance for your things during a move. Most removalist companies only have insurance that covers their vehicle if an accident occurs. However, if the removalist company is accredited with AFRA, they will have Public Liability Insurance and are authorised to provide transit insurance for all goods being moved.

    Transit cover insures your goods while they are being packed and moved by removalists, including any storage in the course of the move. If your goods need to be stored, you can extend your transit insurance to cover those goods during the storage period. This however will attract a separate premium.

    Are you in NSW? try the Fair Trading website for details and recourse
    http://www.fairtrading.nsw.gov.au/ftw/Consumers/Buying_servi…

  • Davo1111 on 13/08/2015 - 06:00

    Ask OFT, but likely you'll need to go to ACAT.

    Proving they damaged the goods is very difficult.

  • tomleonhart on 13/08/2015 - 08:38

    Was it a franchised removalist or a dodgy small business on Gum tree ?

  • the-mal on 13/08/2015 - 08:56

    Did you sign the document after they'd moved your goods as per their terms and conditions?:

    3.7 Acceptance of Goods. At the completion of the move, You or Your authorized representative will be asked to record on the face of this document (in the space provided) any damage to Goods or property. If You or Your representative refuse to sign the record, this refusal will be taken to be a waiver of any right to claim for loss or damage.

    http://www.rhamtransport.com.au/removals-terms-and-condition…

    Did you take any pictures of your furniture prior to and after the move?

    Did you go through their Exclusion clauses on their website to see all the Damage To Goods they waive liability for prior to booking them? (Section 8 -> http://www.rhamtransport.com.au/removals-terms-and-condition… )

    If you did none of the above, you have pretty close to zero chance of getting any money back. It's always a good idea to take pictures of every piece of furniture and anything of high value PRIOR to them moving them so you have PROOF they caused the damage. If you let removalists know you're doing this they're usually extra careful.

  • jininho on 13/08/2015 - 17:26

    @Scrimshaw & Davo1111: I've lodged a formal complaint with the company but they refused to reimburse damages. I'll pursue the OFT avenue as it looks like my only option.

    @the-mal: There was no "acceptance of goods" document. I didn't take photos but I did read the exclusion clauses which I, as a novice mover, hoped would not apply in my instance. Boy was I wrong!

    Anyways, thank you all for your help. Lesson learned.

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