Statutory declaration for empty box item

[brane_b]

Hello,

I bought item from seller in China and instead of sending me Vaccum cleaner they have sent me US 50c peace. I've started dispute via resolution centre and it's progressed to the stage where I am asked now to provide statutory declaration, which should be staright forward process except for, I live in Victoria and form they sent is based on law in NSW (see link http://p.ebaystatic.com/aw/pics/au/resolutions/MBG_empty_box.pdf). Problem is that by NSW law there are only five types of Persons who are authorised to witness the declaration, compared to  in Victoria https://www.justice.vic.gov.au/home/justice+system/legal+assistance/statutory+declarations/ where we have choice of so many.

Further, I was given only five days to return form. To me it seems bit unfair to have to comply with NSW rules which obviously has system in place to cater for this, where in Victoria we usually go to police or post office to witness stat dec. 

Has anyone had similar experience to this?

Cheers

Branko

[gutterpunkz05]

I am pretty sure ebay terms, state that the laws of NSW apply,  words to that effecft anyway.  If you want to win your claim, follow ebays requests exactly.

[countessalmirena · Accepted solution]

Call eBay to ask if, since you are in Victoria, you can use the Victorian Stat Dec. eBay's "Have us call you" option is by far the best way to get in touch with eBay. (Emails are useless, for a number of reasons, but primarily because the responses, when they are finally sent, are bot-generated.)

eBay say: We'll call you at the phone number registered to your account, or you can enter a different number.

We’re available from 8am to 10pm AET, 7 days a week.

[lyndal1838 · Accepted solution]

It is not nearly as restrictive as you think......

Most post offices have someone who can witness a stat dec, definitely your local court house, many chemists.  Use Google to see if there is a JP in your area if you are not near a court house.

I actually don't think you are limited to a Stat Dec issued in NSW....that is where the ebay legal team is located and ebay functions under NSW law but I am sure you can use a Stat Dec in the state where you are located.

[brane_b]

I gave them a call and they were lot more helpful, like you said they are not as restrictive. It looks like that fifth category of 'officer of law' is fairly broad. Tnx all for your help

[countessalmirena]

Glad to hear it!

[cporciun]

We bought the same item and I got a 5oc coin too. So, is a doctor allowed to witness this stat dec?

[lyndal1838]

It depends on what state you are in but for the most part, yes, a doctor can witness it.

Google Stat Dec for your state to be sure.

[collect247]

What year is the 50c? it could be valuable lol.

This happened to me years ago,I purchased something but got a coin instead,at first I was angry but then I got the coined valued

and bingo happy happy.

Might be the same seller still up to their old tricks haha.