Item Not Recieved - Paypal Dispute Help

paisley_lass

hi, i bought a necklace for £6 which has been sent by recorded delivery however i still havent received it, i messaged the seller through ebay however had no reply, so opened a paypal dispute as it is 3 weeks since i bought and paid for the item.

the seller states that he/she posted it recorded on the 20th april and when tracking number given is checked on RM site all it tells me is Item ************* has been accepted at **********on 20/04/09, i have phoned my local sorting office and they dont have my item.

after looking about here and on royal mail i found out that a refund from RM cannot be claimed as jewellery is not coverded by recorded delivery, even though it was only £6 do i have much chance of a refund from paypal if the item is not found and the seller has entered a RD tracking number?

i would be most gratefull for some advice on how to reply to the message left in the dispute from the seller (idealy something i could copy and paste as i find it hard to put things into words regarding rules and legalities)

the message i received from the seller is:

Hi,the item was posted on april 20th,and sent by recorded delivery and a tracking number issued,so if you were out when postman tried to deliver it he would have put a "while you were out" card through for you to either re-arrange delivery or collect the item from your local office,I have had previous buyers who have been in touch thinking items had not been received when they have not realised the card was for their ebay purchase.so i would apreciate it if you could check with your local office.
I have checked back through my ebay messages and emails sent to my email address and you have NEVER sent me any messages so it is not true that i have not replied to any messages you have sent,sorry.
I am unable to issue a refund at this time as the item was sent within the 3 days of purchase as i state in my listing so i have kept to my side of the ebay seller contract, and as soon as the item is put over the post office counter and is entered into the system it becomes the property of royal mail until it is delivered to you. Any delay is delivery/collection is not my fault or responsibility,and i do state that in my listings, however i am happy to supply you with any info required to make a claim from royal mail. As i said before,Please check with your office whether they have it,i have entered tracking info into paypal.and i hope you manage to find it, regards


thanks for reading and any advice given.

cyberbob

He is wrong saying it isnt his responsibility when he gives it to the post office. It is up to him to make sure it gets to you if he has no signature on RD he has no proof of reciept so he would loose a paypal dispute.

I would escalate the claim now

pinkshoes

Your buyer is a numpty. Write back saying:

"Dear Seller. Many thanks for your email. Unfortunately, a sent item is the seller's responsibility until the item is in the hands of the buyer, so it is your responsibility to prove that the item has arrived, and claim for it should it get lost in the post.

As 14 have now passed since the auction ended, I think we can conclude that the said item is now lost, so I shall open up an "item not received" dispute, and you can claim for the item value from the royal mail."

Smart_But_Casual

Just escalate it and get your money back as it's the sellers responsability.

CBo

That seller is TOO STUPID FOR EBAY! What on earth were they thinking "it's royal mails responbility" They are so clueless it's unbelievable. Just esculate to claim. It's the sellers responsbility to ensure delivery. They clearly have not done this here. They are in cloud cuckloo land, it's time you bought them down to earth

Enterprise_1701C

Have you asked him for the tracking number? If you have that you can go onto the Royal Mail website and see the signature (if they have put it on there)? If he doesn't want to give you it then you have to ask yourself why.

Oh, an it is the person that sends the package that has to make the claim off Royal Mail.

frivolous_fay

It's still worth checking with your local delivery office if you haven't yet.
If no luck there, escalate.

soolin

Jane_Blackford wrote: »

Have you asked him for the tracking number? If you have that you can go onto the Royal Mail website and see the signature (if they have put it on there)? If he doesn't want to give you it then you have to ask yourself why.

Oh, an it is the person that sends the package that has to make the claim off Royal Mail.

Original post says tracking number given and merely shows that item has been given in to the post office, not that it has arrived.

I'm with the others here, a full chargeback which you can cancel if item does materialise later.

Enterprise_1701C

soolin wrote: »

Original post says tracking number given and merely shows that item has been given in to the post office, not that it has arrived.

I'm with the others here, a full chargeback which you can cancel if item does materialise later.

Oops - maybe I shouldn't answer questions just before I'm due to go out!!

paisley_lass

just an update to say paypal have refunded today.. thanks again to those who replied