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Damaged item from Hong Kong - Help!!

I bought an MP3 player suppose to be from London but it came from Hong Kong.

The problem when it arrived the screen is cracked. I contacted the seller immediatly he informed me that I would have to claim from Royal Mail.

I have been into the Post office and also rang them up on their 0845 Number. They tell me that the claim must be made in the country of posting (Hong Kong)

The seller will not entertain any claim until I get some reference Number from Royal Mail to say it was damaged. So I am in a catch 22 position.

The seller telling me to get a reference Number from Royal Mail via the post office and Royal Mail telling me he must make the claim in Hong Kong.

My question is who's right the seller or the post office?

Comments

  • impy78
    impy78 Posts: 3,157 Forumite
    The post office are - they will not even entertain a claim unless it is made by the sender, as they are the ones who have purchased the postage...
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • It's up to the seller to make a claim for goods damaged in transit. He's just fobbing you off.

    He ought to refund/replace you and then claim from P.O himself. If you claim a chargeback with PayPal you will probably have to return it to the seller and the postage will be expensive.
    Blessed are the geeks, for they shall inherit the Internet.
  • slowen
    slowen Posts: 2,795 Forumite
    1,000 Posts Combo Breaker
    I would start a claim through paypal and then if he decides to refund you or offer a replacement you can always cancel the claim once you have got the situation sorted
  • Thanks for those answers.

    My next step was to give him an ultimatum. Either refund or replace or I shall file a claim through paypal.
    I have contacted him now 3 times and he continues to insist I make the claim through royal Mail.

    I think the fact that the item was advertised as being in UK but sent from Hong Kong should go in my favour. I wouldn't have a great problem sending it back to UK but Hong Kong is a bit much.

    Heres the same item but an active one.


    http://cgi.ebay.co.uk/LOW-POST-New-PURPLE-512-MB-MP3-Player-WMA-512MB-L-K_W0QQitemZ5869013099QQcategoryZ80019QQrdZ1QQcmdZViewItem

    I don't really want to Neg him at the end of the day because he will just Neg me back. Once its over and done with I will probably not bother with feedback with this one.
  • Don't inform him you will be making a claim through paypal. Just do it, at least that way there is a possibilty that the seller's account will have some funds in.
  • soolin
    soolin Posts: 74,467 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Sorry, but I don't like your seller, all those terms and conditions about how they won't do this, and they're not liable for that would have got me running. I wouldn't even have bothered to read the auction with feedback at 97%. Also, a qucik read of the feedback and various people have mentioned it coming 'a long way' some feedback even mentions it comes from Hong Kong, always look at feedback, even positives can tell you something.

    They are also registered in Hong Kong which would have concerned me. Paypal only but they also list optional insurance, so they obviously don't understand about paypal chargebacks.

    Anyway, start a chargeback today for item damaged, don't delay any further. assuming paypal find in your favour you will need to return the item for a full refund and that will cost you as you need to send it fully tracked so you can prove delivery to paypal. Make sure any post delivery you choose covers Hong Kong, as some tracked methods don't.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • liz_uk
    liz_uk Posts: 1,103 Forumite
    Start a chargeback, but don`t tell him or he will clear his account out !
    Debt Free Jan 2010!
    (Be happy) the state of your life is nothing more than the state of your mind! X
    :j
  • aris
    aris Posts: 339 Forumite
    Part of the Furniture 100 Posts
    I'd report them to eBay. They are clearly giving a false impression with the location of the item - even putting a British flag in the ad.
  • If you read all his Negative feedback other people have had the same problems, other people have written

    "Sent from Hong Kong not UK!! Faulty item!"
    "1st thing was item came from HONG KONG???? and second it isn't what i paid for!!"

    Im sure paypal will sort it out! This seller is a joke!!!

    and i agree with the comment above! i would defo report to ebay.

    Jen
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