Ebuyer - returned item to the wrong address!

brundle

Hi all,

sorry I'm dragging this thread back up again but...

Trading Standards have been in contact with ebuyer and ebuyer are still refusng to do anything. They're adamant that I originally had that address down as the billing address and they changed it to the correct one. However, I was under the impression that if I had made this fault, then the payment wouldn't have been authorised? I thought the whole point of them requiring the billing address was that if it didn't match the original billing addres, then they couldn't take payment?

Anyway, Trading Standards said they can't do anything. I was under the impression they had some power but all they could do was ring them (which took three months to evenutally do) and ebuyer gave them the whole spiel they gave me three months ago.

I have print offs of ebuyer return policy and faq back from where this whole thing started and NOWHERE on them does it say it'll go back to the original delivery address. Even if I had made the mistake of putting that address down as billing (which I'm 100% sure I haven't) what there saying - that they 'amended' my records and my invoice - doesn't make sense. Why would they do that? But I can't prove them wrong obviously.

Also, there saying I should have told them my change of address. This is waht it says when I sign in- -

Changed your Address?
There is no need to worry about changing your address details just yet, next time you buy something simply change the your address details when you go through the checkout process.

I've even ordered something to my new property before this whole thing! And at no point was I told that I needed to make it clear to them! Surely it would come back to the same address it was picked up from!?
Anyway, Trading Standards have been absolutely useless. I now have proof of delivery from ebuyer to that address (whihc is signed for by someone else) - so should I now take them to small claims or contact the police?
I'm !!!!ed off with ebuyer and want compensation directly from them rather than get the police invovled to retrieve the television that has been in someone elses house for what is now approaching four months now, but I'm worried I might lose is small claims.
Could anyone advise?

cte1111

Just read the whole thread, feel very sorry for you, what an awful mess ebuyer have created. Anyone with any common sense can see that it is them that are at fault. I would say that the only option left to you is to take them to the small claims court, for the full original cost of the TV (and any delivery charges).

All the rubbish that they're coming out with about billing addresses etc is just ridiculous, and a smokescreen to try to cover that they've really screwed up. You should write to them by recorded delivery, giving them 10 days to deliver you a new TV, or refund you the money, if not then you will go to the small claims court.

Making a mental note never to use ebuyer.

smcaul

I would take them to the small claims court, very easy to do. The fact they delivered it to a different address to which they collected it from, and the fact that your address details had been updated leaves them nowhere to go. The added fuel to your argument is a signature that is not yours.

Send them one final letter setting it all out and giving them 7 days to rectify the situation, if they do not then on the 8th day start a claim with moneyclaim online. Make sure you send the letter recorded delivery and to their head of customer services or the MD.

brundle

Thanks for the replies.

The last letter I sent (As advsed by trading standards) did say that they had 14 days or I'd take legal action and ebuyer just ignored it entirely!
Just reread that above post of mine and its a bit jumbled! It's because I'd just got off the phone with trading standards and was a bit peeved.

I think I will go to small claims - I had some doubt because Trading Standards weren't very helpful but I don't think they really understood the facts of the situation.

I'm going to look up the small claims process anyway (haven't a clue what to do) and get all my letters and invoices together and fingers crossed it'll be quite straightforward. Will the bank provide me with something to say that my billing address has never changed to that address?

brundle

Also, as I mentioned above, I said that my billing address was never the address they returned the television to, and I said that they can even check my invoice which gives a different billing address (this refutes their whole 'we only return to the billing address')

Now when I told ebuyer this, they said they had amended the invocei - originally it had the billing address of the property the television was returned to but since this dispute started they fixed it to avoid confusion. Utter nonsense but...

Can someone verify that when purchasng something online, an incorrect billing address will mean that the transaction won't be successful? Because if so, it proves that their lying.

Also, if I go through with the small claims thing does ebuyer still have a chance to offer me compensation, rather than go to court? I'm worried now that if it goes to court the judge will say that its entirely a police matter now.

Sorry about all the questions and worries!

DCFC79

brundle wrote: »

Also, as I mentioned above, I said that my billing address was never the address they returned the television to, and I said that they can even check my invoice which gives a different billing address (this refutes their whole 'we only return to the billing address')

Now when I told ebuyer this, they said they had amended the invocei - originally it had the billing address of the property the television was returned to but since this dispute started they fixed it to avoid confusion. Utter nonsense but...

Can someone verify that when purchasng something online, an incorrect billing address will mean that the transaction won't be successful? Because if so, it proves that their lying.

Also, if I go through with the small claims thing does ebuyer still have a chance to offer me compensation, rather than go to court? I'm worried now that if it goes to court the judge will say that its entirely a police matter now.

Sorry about all the questions and worries!

i dont know about ebuyer but im sure that some sites cross check the card details with the address given eg the card details should point to the address that the satements go to

brundle

Just a quick question this time...

I'm doing the small claims online and I need to put a name of a person - should this be like the head of ebuyer or just the customer support person I've been dealing with. I'm hesitant to put the customer support one down as she has been ignoring my letters for the past month so she'll probably ignore this too. I can't seem to find any staff names on the ebuyer website either.

Sorry, but a bit clueless about the whole small claims process.

jessicar

Sounds like they're just hoping you'll give up and go away. They're confusing the issue with all of these points about signatures/addresses when common sense dictates that they are in the wrong. They've hardly tried very hard to help you to sort it out either.

Stick with it - the small claims court is there for people who aren't legal experts. Just call up Ebuyer, tell them what you're about to do - get a name of the person you're speaking to (try and speak to a manager if you can) then ask who you should be naming in the complaint.

Good luck. I have bought from Ebuyer before but I won't buy from them again after reading this.

mdbarber

common sense or natural justice dictates that there must be some legislation somewhere to state that ebuyer have a duty of care when handling goods belonging to others, this will extend to liability if goods are lost,
really OP, give ebuyer warning by recorded delivery to their head office that unless you are either supplied with your fixed tv/sent a replacement/compensated with refund in a reasonable time (14 days?), that you will pursue the matter through, the courts.
SOGA also places restrictions on warrenties such as such repais must not unduly inconvenience etc so theres a secondary attack if needed.
As you may have seen from my thread this matter if fought can take over a year to conclude so i would get the ball rolling now.
I very much doubt you will lose if you keep things simple, any help required with forms?, pm me
forget the police you have had no clear criminal offence commited against you so total waste of time.

Ivory_Tinkler

brundle wrote: »

Can someone verify that when purchasng something online, an incorrect billing address will mean that the transaction won't be successful? Because if so, it proves that their lying.

A transaction can still be successful even if the billing address does not match the official cardholder address. It is only if the card has been cancelled or there are not enough funds to cover the purchase that the transaction would fail.

However, many companies have checks in place that will alert them when the billing address is different and many companies would follow this up.