Problems with Smart Send

[Tasastro (Bill)]

Hi All,


I have used Smart Send online courier agents on a few occasions recently and all seemed ok until I started receiving requests for extra payments (very large ones) because of understated parcel dimensions, more than four weeks after the parcels were delivered. Weights are correct but linear dimensions are much larger than I measured. I am extremely careful about measuring my shipments and there is no way I could be as far out as they state.



Smart Send will not entertain any complaint unless provided with photographs of the parcel and consignment label with a ruler showing the dimensions! Just about impossible with a parcel about a metre long, and anyway who would expect this kind of thing. On looking online I find many complaints about just this issue (I know, why didn't I look before?) so it's obviously standard practice.



There's nothing I can do about it except let everyone know never to use this shonky company no matter how good their prices look. Take your parcels directly to the courier and get a receipt showing dimensions.

[LewisM]

Unfortunately I had heard this too Bill. I once got a car part (from Tassy coincidentally) and they tried to hit me up for extra handling when I collected it (after taking 3 weeks to get to me). I told them they were asking the wrong end of the transaction.

Whatever you do, do NOT pay them

[casstony]

Leave a bad review on productreview.com.au

[brian nordstrom (As avatar)]

PM replied ! dog act and word will spread and they will get zero custom from any of us ,, BS !

Brian.

[Tasastro (Bill)]

I just did - wish I'd done my due diligence and read their bad reviews earlier, i'm certainly not the only one they've tried this on.

Originally Posted by casstony

Leave a bad review on productreview.com.au

[Tasastro (Bill)]

Miraculously the receiver of the parcel (a member of this forum) had kept the packaging for one item, has confirmed my measurements and provided me with pictures. Fortunately the item was the one with most egregiously inflated measurements.

[casstony]

Given that it's happened more than once and that they complain well after the fact I'd say this activity amounts to fraud. I hope they do it to a lawyer at some stage.

[Tasastro (Bill)]

Originally Posted by casstony

Given that it's happened more than once and that they complain well after the fact I'd say this activity amounts to fraud. I hope they do it to a lawyer at some stage.

An internet search on "problems with Smart Send" turns up several complaints about this practice. This thread is most relevant http://www.bicycles.net.au/forums/viewtopic.php?t=77089




I am not a lawyer but an engineer with a lot of experience dealing with contract disputes. This almost certainly is a fraudulent practice and I shall be in contact with the ACCC on Monday.



Have got in contact with the receivers of the other two shipments (also members of the forum) and found that they have not unpacked/received their parcels yet and will be measuring and photographing them in anticipation of further extortion. All of this will be documented and submitted to the relevant authorities in the hope that someone will investigate further.

[csb (Craig)]

On productreview.com Smart Send have 4 star rating.

It seems there are more complaints in recent reviews than in older reviews (66 pages of reviews).

On first page, only 1 review about incorrect dimensions and being billed weeks after parcel sent. Reviewed on 31 October by Sam.

Did you post review on productreview?

[brisen (Brian)]

Bill

Whilst the ACCC will likely have an interest in this as well, the best option is likely to be contact with the Consumer Affairs and Fair Trading Office in your State as they have the power to investigate these matters and are often more proactive at doing so then the Commonwealth bodies such as the ACCC. The behaviour demonstrated by the courier is, in my opinion, fraudulent and could potentially be a criminal offence although getting the police to act on this could be a challenge as their response would likely be that this is a trivial civil matter and they will be generally disinterested in pursuing it.

A quick look at the relevant legislation suggests that the behaviour being demonstrated is in fact contrary to the provisions of s252A of the Criminal Code Act 1924 (Tas), which I have copied below.

252A. Acquiring a financial advantage

[Schedule 1, Section 252A Inserted by No. 74 of 1975, s. 8 ][Section 252A Amended by No. 33 of 1989, s. 4 ]

(1) Any person who by any deception dishonestly acquires for himself or for any other person any financial advantage is guilty of a crime.

Charge: Dishonestly acquiring a financial advantage.

(2) For the purposes of subsection (1) deception means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or of any other person.

There will be equivalents of this in the other Australian states as well.

Brian

[Tasastro (Bill)]

Originally Posted by csb

On productreview.com Smart Send have 4 star rating.

It seems there are more complaints in recent reviews than in older reviews (66 pages of reviews).

On first page, only 1 review about incorrect dimensions and being billed weeks after parcel sent. Reviewed on 31 October by Sam.

Did you post review on productreview?

Look at their one star ratings I found a quite a few there. The problem with this particular scam is that the demand for extra payment comes many weeks after the parcel has been delivered and most people have not photographed the parcel before delivery. Also most of the time the company charges a relatively small amount and people pay up and shut up so you only hear about the particularly large claims like mine.


I have my doubts about the integrity of productreview.com and other review sites. Many of the good reviews are from shills, and they put all sorts of barriers in the way of bad reviews. They still havn't published mine.

[Tasastro (Bill)]

Originally Posted by brisen

Bill

Whilst the ACCC will likely have an interest in this as well, the best option is likely to be contact with the Consumer Affairs and Fair Trading Office in your State as they have the power to investigate these matters and are often more proactive at doing so then the Commonwealth bodies such as the ACCC. The behaviour demonstrated by the courier is, in my opinion, fraudulent and could potentially be a criminal offence although getting the police to act on this could be a challenge as their response would likely be that this is a trivial civil matter and they will be generally disinterested in pursuing it.

A quick look at the relevant legislation suggests that the behaviour being demonstrated is in fact contrary to the provisions of s252A of the Criminal Code Act 1924 (Tas), which I have copied below.

252A. Acquiring a financial advantage

[Schedule 1, Section 252A Inserted by No. 74 of 1975, s. 8 ][Section 252A Amended by No. 33 of 1989, s. 4 ]

(1) Any person who by any deception dishonestly acquires for himself or for any other person any financial advantage is guilty of a crime.

Charge: Dishonestly acquiring a financial advantage.

(2) For the purposes of subsection (1) deception means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or of any other person.

There will be equivalents of this in the other Australian states as well.

Brian

The state consumer affairs/fair trading etc can only deal with complaints against companies that are in their particular state. I am in Tasmania but because Smart Send is incorporated in Queensland I have to deal with the Queensland consumer affairs. I have been in contact with them but didn't have much time on Friday to get many details. They advised me to make a formal complaint to Smart Send and follow up with them if I didn't get a suitable outcome.



As I said earlier I am doubtful that anyone in authority will do anything constructive about this, but I am going to give it my best try.

[csb (Craig)]

Originally Posted by Tasastro

I have my doubts about the integrity of productreview.com and other review sites.
. . . . . They still havn't published mine.

Yes, I did comment that not so many bad reviews in earlier years. So maybe this type of bad service is only recent style by this company.

And thanks Bill for posting about this so others can be aware.

I hope the truth works for you.
Frustration +++

[AndyG (Andy)]

Originally Posted by Tasastro

...I have been in contact with them but didn't have much time on Friday to get many details. They advised me to make a formal complaint to Smart Send and follow up with them if I didn't get a suitable outcome...
As I said earlier I am doubtful that anyone in authority will do anything constructive about this, but I am going to give it my best try.

Good on you Bill for your tenacity in this. I hope your time spent pays off, and brings benefit to other potential victims down the road.

Having run a Computer repair shop for 8 yrs, I have had a few encounters with QLD's Office of fair trading. Sadly, the "process" may work against the good guys (You) in this situation.

As they've pointed out, step one is to seek redress with the company yourself. In this instance, all they need to do is apologize, or claim it's a mistake, and the case will be "resolved". In reality, it's obvious they simply caved when you called out their trash talk.

It may be good strategy to not mention Consumer affairs escalation, and obtain in writing their refusal to get real. Next, you can on-feed this evidence to the Office of Fair trading, with examples of others who've suffered. Be sure to illustrate your case is part of something bigger.

You're doing the right thing. Sometimes, "turning the other cheek" can get both sides of your face slapped. All the best