who should claim, buyer or seller?

SPANIEL36

i bought an item recently (a Buy it now) and paid straight away, i asked him to send it as soon as poss as we needed it by the end of the week, he posted it out last tues after the bank hol. It still hasn't arrived, i've checked with neighbours, the local sortig office even asked my postman to keep an eye out (its a big item!) i asked the guy for a tracking number but he's only sent it first class delivery not recorded.

he's emailing my the proof of posting and has said that royal mail wont acknowledge and claim for 3 weeks..ok no prob

BUT my question is who should be making the claim?? the buyer (me) or the seller (him) i've paid for something and not received it, he's sent something and its got lost somewhere and I STILL NEED THE ITEM!!!!!

any advice??

hjb123

it should be the seller that claims

soolin

The seller, it's nothing to do with you.

Assuming you paid by paypal if item fails to arrive you can open an item not received claim and unless seller can prove delivery to your address he loses.

You can meanwhile open a dispute in paypal (not a full claim) just to log your discussions with the seller and to let him know that you are taking this seriously. Log into paypal and then into resolution centre and follow the instructions. Then depending on his responses via paypal or after you've waited what you consider a reasonable time escalate the dispute to a full chargeback on the basis of itme not received.

BTW, how much money are we talking here and what sort of feedback has the seller got and did the auction offer full paypal protection (ie £500 of protection)?

SPANIEL36

hi, the item was only 20.00 plus 8.00 delivery charge. I'm guessing it prob didnt cost that much to send so if i was to claim i'd only get back what he paid plus the item's cost (Thants what i'm thinking anyway!)

the seller has 99.8% feedback and is a power seller with a shop so i dont think he's a dodgey dave!!!

soolin

That's why you need to do a paypal claim and let seller worry about Royal Mail. The paypal claim will recover the full payment made, regardless of any RM claim.

The_Casual_Tailor

You should open a paypal claim straight away, escalate it at once and then you'll get your cash back and the buyer will have to claim from RM through the normal channels.

SPANIEL36

thanks for everything, i have opened up the paypal claim and escalated it, how long does it normally take for it to be settled?

The_Casual_Tailor

SPANIEL36 wrote: »

thanks for everything, i have opened up the paypal claim and escalated it, how long does it normally take for it to be settled?

7-10 days, but often more.

SPANIEL36

thanks for that, funily enough since i've opened the dispute i havent heard anything from him, before the dispute i was geting daily mails asking if it had arrived etc

furrystomper

Hi i dont know if this will be any help to you but i myself bought something off of ebay that was delivered yet when i oppened it the package was empty and had tampered with, logged dispute with paypall and recieved payment back via paypall on same day!
hope that helps you

SPANIEL36

its currently awaiting the other parties response, he's got until 14th september