Unreceived item. Who carrys the can?

solly_2

Hi guys,

I recently won a PDA/GPS system on ebay and promptly paid £118 including delivery (first class recorded at £8.00). This was posted, according to the seller, at 12.45 on Monday 17/10. I have been in contact with the seller and he replyed promptly with a reference number for the goods. Seller has 100% feedback and long trading history therefore, don't think there's anything dodgy about the transaction.

So, to my question if I do not receive the goods what are my options and who carrys the can?

Thanks in advance.

shellsuit

Firstly, how did you pay?

Recorded delivery for an item worth over £100?

If the seller needs to claim, they can only claim upto £30 with recorded delivery.

They should have sent it by special delivery incase it got damaged or lost (in this case it looks like it is lost!)

If you paid with Paypal (fingers crossed you did!) did you pay with funds, a credit card, or a debit card?

solly_2

Thanks for the reply shellnsteve.

Paid via Paypal and with debitcard.

shellsuit

Hi again,

Royal Mail won't count anything as lost until 15 working days have passed, so as it has only been 4 days I would wait until next week to see if the item shows up.

If it hasn't turned up by then, I'd mail the seller and ask for the tracking number and check it on the R.M. site.

If the seller is un co-operative, or the tracking number is false, start a chargeback with Paypal straight away which is quite easy to do on the site.

I wouldn't panic too much yet, it could just be held up in the post, but your seller is very silly to have sent out an item costing that much by recorded delivery.

Middlestitch

You have my sympathy; I think a lot of us will have been in this boat.

Recorded Delivery is just that - a record of delivery, albeit with modest compensation available.

I'm afraid it is down to the buyer to request insurance, not for the seller to suggest it - BUT did the seller offer insurance as an option at extra cost, or make a statement to the effect that it was included in the postage costs? If you asked for the former, or were promised the latter, then you are obviously in a much stronger position.

Your best bet is as suggested earlier - tap into the Royal Mail site and see what it says about delivery. My experience is that Recorded Delivery can often delay things, so please don't despair just yet - there is every chance that all is well.

Please tell us if the package arrives safely!

ctm_2

Definately check tracking number, and see what the royal mail website says.

It may be worth ringing or visiting your local sorting office to see if they have the item there for collection, and have not given you the card through your door. It does happen.

solly_2

Thanks for the feedback.

I have the tracking number but recorded delivery only gives you an answer after delivery.

No insurance was offered in the sellers options.

Will keep you posted.

Jellicle

First of all: the item remains the property of the seller until you accept delivery of the item.
Secondly: it is up to the seller to chase up the missing item with the Post Office.
Thirdly: It is not up to you to pay (or request) for extra insurance or special delivery since the item does not belong to you until you take delivery of it.

If you have paid £126 (£118 + £8) for this item and it was sent by first class recorded mail on Monday and you have not yet received it by now then I would be seriously worried about this transaction.

Assuming it actually was posted and it is 'lost' then the seller will only be able to claim up to £30 compensation if the item is 'lost' in the post and since it is worth far more than that RM may not pay him anything. If they do it will be £22 (£30 less the postage) so he is going to be seriously out of pocket.
- If this is an experienced seller then they should've sent it by "Special Delivery" to ensure it was covered by the RM insurance. The feedback/long history you mention is encouraging but it may be a 'hi-jacked account' or the seller might've decided to give up trading on ebay and this might be his exit strategy, (ie. scam as much £££s as possible then disappear!) However the fact that you have had contact with the seller is also encouraging.

Nevertheless I suggest that you immediately put in a NPS claim through Paypal ('item not received') as soon as you can. If the item does arrive you can always cancel the claim, however if it never arrives then you have far more chance of recovering your £126

If the item is a large package (£8 postage suggests it?) then RM is unlikely to have lost it, it should've been delivered fairly quickly, however sometimes RM are a little slow or it gets overlooked... However the possibility that it may get delivered ...one day... should not stop you from starting the Paypal Claim process - the sooner you get that underway the better!

If your seller is genuine and is upset that you have started a Paypal claim then suggest that he immediately refunds you your £126. Promise him that if the item does arrive then you will pay him again (or return the item to him). But start that claim asap!

Jellicle

Additional option:
- if the item never arrives and you can't get your £126 through the Paypal Claim then you can possibly get your Debit Card issuers to chase Paypal for the money - depends on who your card issuer is ...
- Good Luck!

solly_2

Thanks Jellicle,

Will start claim in the morning when totally compas mentos.

masonic

Jellicle wrote:

First of all: the item remains the property of the seller until you accept delivery of the item.
Secondly: it is up to the seller to chase up the missing item with the Post Office.
Thirdly: It is not up to you to pay (or request) for extra insurance or special delivery since the item does not belong to you until you take delivery of it.

On the subject of postage and people's responsibilities, were you aware that ebay does not consider it the sellers responsibility to obtain compensation for items lost/damaged in the post and those items are not covered by their standard protection policy (unless the buyer paid for insurance that wasn't obtained by the seller, the seller made a claim and didn't pass it on to the buyer, or a claim for a damaged item was refused due to inadequate packaging). Also, if an item is not adequately insured, then there is nothing the buyer can do through ebay to obtain anything other than the inadequate compensation that was paid out.

Of course, the above does not apply to solly, who is fortunately covered by paypal's protection policies, but it just goes to show how different the situation could have been.