MONEY MORAL DILEMMA. Who should pay for the lost iPod?

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  • custardy
    custardy Posts: 38,365 Forumite
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    matbourne wrote: »
    It all depends on how the item was listed. If no postal insurance or special delivery was selected (if available in the first place), then its the recipients problem for not paying extra for the postage.

    I would be thinking more on the lines that the recipient is telling porky pies anyway - have seen this happen too many times...

    If the item was not advertised as offering special delivery or postal insurance then the recipient (or non recipient) hasn't got a leg to stand on... The non-recipient would of had the option and could have revised the order to ask specifically for special delivery or insured post... I agree this is arguable as the seller should of sent it as special delivery and is deemed responsible for delivery of the item.

    I personally would be in contact with the post office to try and get the item found or claim for it. But I stand by the fact that if insurance was offered and the buyer chose to not take it then its the buyers fault and problem...

    People should be careful when ordering off ebay. Don't buy items over £36 unless you are getting special/insured delivery.

    load of nonsense
  • The negligence seems to be on the part of the friend who was selling the ipod, hence (s)he is obliged to stump up the cash. However (s)he was doing you a favour and you received the money so to leave her/him to take full responsibility for payment is morally absurd as it would mean that leaves her/him out of pocket, you in pocket, her/his reputation on ebay sullied and your regard for friendship in doubt. Only the buyer is without responsibility here.
  • If the buyer did not pay for recorded delivery (particularly for an expensive item like an ipod) then it is his fault.

    I had a situation where a buyer paid £1.20 (inc postage) for a CD. He then complained that I hadn't send it recorded delivery when it didn't arrive. If I had sent it recorded delivery it would have cost me money to send my CD to him! This is a risk you take using ebay and paying less than you usually would.

    If the friend indicated he would use recorded or special delivery then it is his responsibility. If he offered to help you should be able to assume that he would deal with the matter properly and only an idiot wouldn't send an ipod by some sort of tracked post.

    I think the responsibility lies with the buyer of the seller depending on the agreement when sold. I don't think that any liability would lie with you and certainly wouldn't return the money. If the friend asks you to return the money when the problem is their fault then they're obviously not that good a friend.
    Wedding 5th September 2015
  • i think the oweness is on the previous owner

    ty
    cee
  • One to chalk up to experience I think.

    Was recorded delivery offered/paid for on the sale? A higher bid can be got (usually) by offering a low P&P as opposed to a higher one. Something to be considered and weighed when listing an item

    If not then, you should refund the buyer via your friends eBay account (eBay/PayPal may have put a trading hold on the account if a dispute has been raised by the buyer).
    Assuming the iPod was lost in the post, recourse should be sort with the Post Office, (they after all entered into a contract to deliver the parcel) in order to try and recover the parcel or failing that compensation for the loss.

    By the way, Proof of posting is not the same as proof of delivery ;)
    :think: Share prices can go down and down and down, as well as down
  • I have recently had experience of challenging Paypals decisions from both sides of the sale and I would urge people in a similar situation to hold firm.

    As a seller, I was asked by a guy in Brazil if I would sell a game to him and I said yes on the provision that he could either pay postal insurance or I would not be held accountable for any loss or damage. This guy had obviously done this before as he never contacted me but just before the deadline for claims, he contacted paypal stating that he had never received it. I appealed and offered the proof of postage but paypal did their own thing and decided against me and took the cost of the item from my account. I then, not one for backing down, asked for them to provide a written justification of their decision, the qualifications and experience of the person making that decision, copies of their policies regarding decisions made in disputes to be sent to me within seven days. Being a fair man, I did give them a further 7 days after this to supply the information as requested or I would put in a claim to my local small claims court. On the seventh day, I got a refund.

    As a buyer, a seller in Hong Kong (and I have bought many items successfully from HK) has found a clever loophole. He took my money for an item and didnt send it. When I contacted him, I got no reply. When I put a claim in with paypal, he sent an unsolicited pair of cheap earphones "as a gift" with an apology asking me to drop the claim with paypal. When I explained this to paypal, they said that he had sent the item I had purchased and quoted to package number of the earphones. If I wasnt me, I might have given up seeing that this "seller" had obviously found a massive loophole in the paypal scheme of things as he had a tracked package. Paypal wanted me to phone this number and do that to then change the claim to being something other than what had been ordered. I held firm and refused to even pay out on the phonecall and reiterated that this item was sent as a gift and apology for not receiving the item. It all looked stacked against me but I held out and got a full refund from the seller through paypal.

    Ebay and Paypal are great services but it does leave a bitter taste in the mouth when the same company stings you twice and then makes rediculous decisions against you. If you know you are in the right, hold out and invite them to a day out at YOUR local small claims court!
  • matbourne wrote: »
    It all depends on how the item was listed. If no postal insurance or special delivery was selected (if available in the first place), then its the recipients problem for not paying extra for the postage.

    I would be thinking more on the lines that the recipient is telling porky pies anyway - have seen this happen too many times...

    If the item was not advertised as offering special delivery or postal insurance then the recipient (or non recipient) hasn't got a leg to stand on... The non-recipient would of had the option and could have revised the order to ask specifically for special delivery or insured post... I agree this is arguable as the seller should of sent it as special delivery and is deemed responsible for delivery of the item.

    I personally would be in contact with the post office to try and get the item found or claim for it. But I stand by the fact that if insurance was offered and the buyer chose to not take it then its the buyers fault and problem...

    People should be careful when ordering off ebay. Don't buy items over £36 unless you are getting special/insured delivery.

    Rubbish. It's the sellers responsibility to get the item safely to the buyer. Postal insurance, is for the seller not the buyer. For this reason, Paypal will automatically go in favour of the buyer if the seller cannot prove the delivery was made.
    I don't believe you would seriously buy an expensive item from he internet, and take the loss if it gets lost in the post? Ebay is no different.
  • If the buyer did not pay for recorded delivery (particularly for an expensive item like an ipod) then it is his fault.

    I had a situation where a buyer paid £1.20 (inc postage) for a CD. He then complained that I hadn't send it recorded delivery when it didn't arrive. If I had sent it recorded delivery it would have cost me money to send my CD to him! This is a risk you take using ebay and paying less than you usually would.

    The buyer did nothing wrong, you should have refunded him. It's sellers like you that bring a bad name to ebay.
  • The buyer did nothing wrong, you should have refunded him. It's sellers like you that bring a bad name to ebay.

    If the buyer agreed to buy something, "placing a bid", on a item that specified in the postage terms that the item was NOT being sent by special/recorded delivery then the buyer has entered into a contract whereby the item will NOT be delivered by special/recorded delivery. If the buyer is successful in the bidding process and request recorded/special delivery then the seller has every right to decline the request, since it was not in the original contract, or to request additional funds.

    Always look for good feedback and specify feedback thresholds when selling expensive goods, I learnt that when selling my N95 thankfully I detected the scam and informed ebay lost my listing fee but gained experience..
    Buy for value not cost.
    Feb Grocery = £55.87 / 80
  • echelon101 wrote: »
    If the buyer agreed to buy something, "placing a bid", on a item that specified in the postage terms that the item was NOT being sent by special/recorded delivery then the buyer has entered into a contract whereby the item will NOT be delivered by special/recorded delivery. If the buyer is successful in the bidding process and request recorded/special delivery then the seller has every right to decline the request, since it was not in the original contract, or to request additional funds..


    No, actually. Insurance is for the seller. If the seller wants the parcel insured in case of mishap then a suitable service must be offered as the only one, surely?

    Not the buyer's fault the seller doesn't know their responsibilities.

    FX
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