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Bloody eBay item not received case closed in sellers favour

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Hong Kong Phooey
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Joined: 30 Apr 2016
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PostPosted: 12:59 - 23 Jan 2018    Post subject: Reply with quote
bugeye_bob wrote:
have you raised a goods not received with Paypal ?
you only talk about ebay, but a issue with PP is different.


That's what I was going to suggest, not sure if they just take ebays stance by default though, I've always won against eBay sellers so never had to progress it further.
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M.C
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Joined: 29 Sep 2015
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PostPosted: 18:32 - 23 Jan 2018    Post subject: Reply with quote
Pjay wrote:
Jeez, I'm not saying it's not a fkked up system, but if you were a seller and you get proof of delivery in this day and age, you just assume the buyer is trying it on.

That's the problem, people generally being dishonest. A guy I worked with told me his neighbour had a package left outside their flat, so he took it (it was a bag of trainers). Then another one turned up, so he took that as well. His neighbour asked if he had seen a package and he said no Neutral In that situation the seller would think the buyer's being a scumbag and probably vice versa.

B5234FT wrote:
This is the first case I've seen settled in the sellers favour, it's normally always the buyer who loses out.
Eh?

andyscooter lost out as well, but the tracking said he signed for it IIRC.
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iooi
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Joined: 14 Jan 2007
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PostPosted: 19:57 - 23 Jan 2018    Post subject: Re: Bloody eBay item not received case closed in sellers fav Reply with quote
STONEY! wrote:


basically seller most likely posted it, delivery driver left it at wrong address, I'm now down £30odd

GAAAAAAAAHHHHHHHHH Evil or Very Mad Evil or Very Mad Evil or Very Mad Evil or Very Mad


So how do you pay the PayPal bill?

DD or linked to a debit/credit card?
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 21:26 - 23 Jan 2018    Post subject: Reply with quote
Bodyguard in his first incarnation (I think, I get a bit confused on which one is which etc); was proudly explaining how he would put a 'never arrived' claim through for private sellers on ebay any time he could.
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M.C
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PostPosted: 21:49 - 23 Jan 2018    Post subject: Reply with quote
G wrote:
Bodyguard in his first incarnation (I think, I get a bit confused on which one is which etc); was proudly explaining how he would put a 'never arrived' claim through for private sellers on ebay any time he could.

I think he regularly gives them neg' feedback as well. He's a cunt.
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andyscooter
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Joined: 30 May 2009
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PostPosted: 22:06 - 23 Jan 2018    Post subject: Reply with quote
This is exactly what happened to me
Have emailed the carrier directly a few times but never gotten a reply


Because eBay dispute closed instantly the PayPal one will do the same

I was also down 30 quid
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woo
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PostPosted: 15:52 - 25 Jan 2018    Post subject: Reply with quote
i always started my disputes in paypal and never bothered with ebay.
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 15:42 - 26 Jan 2018    Post subject: Reply with quote
Hey All

I would have gone through paypal but they decided they weren't able to help as it was according to them due to it being an eBay purchase I had to go through the eBay resolution centre.

After appealing the case I got this email from eBay:

Hello Richard,

Thank you for contacting ebay Customer Service regarding the trainers (item 182858087442) you've purchased from "sarenza-shop". I'm sorry to hear that you haven't received the item that you have been waiting for. I can definitely understand you are not happy with this. Please know that I am here to help you since this is my area of expertise.

The professional manner in which you have handled yourself in this situation is most commendable. I couldn't agree more that this couldn't have been easier and we sincerely want to express our gratitude for your professionalism and courtesy in this transaction.

Richard, since you have mentioned that you did not received the item that you have paid for, please provide us a letter-headed document from the courier stating that the item was not delivered to your location or if the item was lost. This kind of document is a scanned copy of a formal letter coming directly from them containing the following information:

- a letter in which the courier confirmed that the item was not delivered to you

- courier logo

- courier contact details

- name and signature of their personnel who confirmed this

We will wait for your kind reply and cooperation within 5 days.
I trust that I've professionally communicated things clearly and wish you all the best on your future trading here on eBay.

Kind regards, Kenneth John ebay Customer Service


WTF Laughing Laughing Laughing

Firstly my name is not and has never been Richard, secondly I clearly stated in my appeal letter I had not be provided with any information regarding the tracking number or even who the courier was!

but there is now GOOD NEWS (said in James May's voice in my head) I contacted eBay concierge services via my other eBay account and managed to get this account linked to my concierge service (which is what I should have done in the first place).

I got to speak to someone who actually understood English which was a novelty and their service was brilliant, I simply explained what had happened and they set up a conference call with someone at the resolution centre in a matter of minutes it was all resolved and I was refunded.

So a big Middle Finger to regular eBay service but an even bigger Thumbs Up to the concierge team.
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 20:24 - 26 Jan 2018    Post subject: Reply with quote
STONEY! wrote:
So a big Middle Finger to [robo-AI] eBay service but an even bigger Thumbs Up to the [human] team.

I strongly suspect.
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 22:54 - 26 Jan 2018    Post subject: Reply with quote
Nah I'm pretty sure they were Indian definitely human at least.
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Ste
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Joined: 01 Sep 2002
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PostPosted: 23:12 - 26 Jan 2018    Post subject: Reply with quote
Yes, phoning eBay is an easy way to get problems sorted. Wink

Ste wrote:
I'd have phoned eBay customer services
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owl10
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Joined: 09 Apr 2010
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PostPosted: 00:59 - 27 Jan 2018    Post subject: Reply with quote
Pjay wrote:
G wrote:
The buyer paid the seller to deliver it.
The seller did not deliver it.

The seller has proof of delivery.
This is the key point here, he has done nothing wrong.

Quite why he is at fault or should lose out is escaping me.

The courier stole the item and faked delivery, it's a criminal matter.


Because if yo enter into a legally binding contract with someone, and dont do as you are contracted to do, the innocent party can be given damages to put them back in the place they should be, had you done what you said you would do.

In this instance;

The seller has a contract with the courier to get the item to the buyer. The courier has failed to perform their part of this deal.

The only person who can get a remedy here is the seller (buyer has no recourse as they dont have a contract with the courier).

In contrast, the buyer has a completely separate contract with the seller to deliver the item. The seller has failed to perform their part of this deal.

The buyer can get a remedy from the seller.

The contracts are seperate. The buyer dosent need to care about the sellers relationship with the courier, only that the seller meets the obligation with the buyer (get the item to the destination).

The only party not to break a contract obligation here is the buyer.

Yhe interesting bit is the delivery note; normally id hazard a guess that wouldnt be enough to demonstrate that on the balance of probability its actually been delivered, but rules on postal delivery are pretty archaic so there may well be case law on it.

Im surprised PayPal have sided with the seller here. What is PayPals reasoning?
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Freddyfruitba...
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Joined: 20 May 2016
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PostPosted: 15:18 - 27 Jan 2018    Post subject: Reply with quote
owl10 wrote:
Im surprised PayPal have sided with the seller here. What is PayPals reasoning?

Simples - they operate under their own very tight terms and conditions rather than adhering rigidly to the Distance Selling Regulations.
By insisting that trackable delivery is used, it means that the vast majority of disputes can be resolved by robots with no need for human intervention. It's not foolproof obviously, as in the OP's case.
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andyscooter
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PostPosted: 10:25 - 28 Jan 2018    Post subject: Reply with quote
nor mine


as I found out what had happened when parcel force left a parcel for a company over the road that had moved on the doorstep even though it was all shuttered up
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iooi
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PostPosted: 22:44 - 28 Jan 2018    Post subject: Reply with quote
Freddyfruitbat wrote:
owl10 wrote:
Im surprised PayPal have sided with the seller here. What is PayPals reasoning?

Simples - they operate under their own very tight terms and conditions rather than adhering rigidly to the Distance Selling Regulations.
By insisting that trackable delivery is used, it means that the vast majority of disputes can be resolved by robots with no need for human intervention. It's not foolproof obviously, as in the OP's case.


Given Paypal do not sell any thing.... DSR are irrelevant.

Paypal are nothing but a money moving company. As such fall under financial regulations.
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thx1138
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PostPosted: 23:59 - 28 Jan 2018    Post subject: Reply with quote
A few years ago now, more than 5 probably, so it's changed.

I sat down, and I read every word of Pay Pals terms and conditions, and it was down right scandalous, particularly from the point of view of a trader. But the t's&c's were rotten to the core, IMHO.
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