Ebay; Item not received but has been signed for?

alx100

Hi all,

I hope you can help, (and sorry for the length!).

A couple of weeks before Christmas, i bought something off ebay, (buy it now), for £72 and paid by paypal, (with delivery to my verified address).
When it still had not arrived on Monday 21st Dec 09, i contacted the seller saying where is the item and to provide a tracking number.

He replied back saying that i should have the item already and also provided a tracking number.

When i tracked the item online, (delivered using Fastway Couriers), it does say that it has been delivered on 21/12/09 at 10:40AM and a signature has been obtained. This is impossible since no one was in.

I then went back to the seller who said as far as he is concerned, it has been delivered successfully and signed for, (i have double checked that he sent it to the correct address).

When i contacted Fastway Couriers on Thursday 24th Dec, they emailed me a .pdf file, showing a signature next to my address. The thing is tho that the signature is not a name i have ever heard of, nor is it a name of any of my neighbours, (and i have checked with them to ask if they signed for a package on my behalf).

Since then, i have had many communications with the courier company and the seller trying to resolve this, with no success thus far.

On Tuesday 19th Jan 2010, the general manager of the courier company telephoned me saying that as far as he is concerned, the parcel has been delivered and it does not matter who signed for it, so long as it was delivered to my address. When i told him that its impossible he delivered it to my address and that the name who signed for it does not live here AND i do not recognise the name, he said that his delivery driver said that he did deliver it to the correct address.
He also said that he is not legally obliged to get a signature from someone with the same surname as me, (such as with mobile phone deliveries, where a signature needs to be with someone with the same surname).

When i said to him that its impossible that someone from my house signed for it/accepted the delivery on that delivery date because no one was in on that day, he said to me that "why did i buy something, knowing that i should expect delivery on that day when everyone was going to be out, as his company only do "next day deliveries".
I then told him that i was unaware that my seller used Fastway Couriers; i was unaware that next day delivery was used and i was not given any tracking number of this parcel until i contacted the seller a few days later after "delivery".

So he is adamant that his company has not done anything wrong, and that i am to go back to the seller to discuss this.
What can i do now?? The courier company said that they can help me no more...

Just before the general manager called me, i emailed the seller saying that the courier company have been most unhelpful and have failed to reply to my emails/calls and that i think its about time a refund was given back to me; given the length this has been going on for, and i have been extremely patient and helpful. He replied back saying that he has been advised by the courier company that the general manager is "dealing with this directly with you", (i.e, me; the buyer).

I have since emailed the seller again, advising him of that telephone conversation i had with the manager of the courier company from yesterday, and he has yet to reply back to me.

From a few replies on the ebay forums, it seems that if i file a paypal "item not received", i would lose, given the fact that a signature has been obtained for the delivery.

So what can i do now? Since Christmas, i have been out of pocket of £72, whilst the seller does not seem in a hurry to sort this out, and the courier company say that they cannot help any more.

Thanks and look forward to your replies.

pinkshoes

I would file an "item not received" claim anyway, then PHONE paypal to tell them that the item has been signed for by someone else, and no one was in your property on that day.

It should be the seller dealing with the courier. Although the courier doesn't have to get a signature with your surname, surely their obligation is to get someone at the address to sign for it, which is obviously not the case.

As a last case, you could leave the seller a negative stating "item not delivered (fake signature on tracking) and seller won't help or refund." Then you can start small claims court procedure against the seller. You would need to send them a "letter before action" telling them that unless they refund and pursue this themselves with the courier, you will take them to court.

alx100

Thank you for your reply pinkshoes. Thats some great advice there you have given and has given me a clear direction of what i should be doing.

I will give the seller until tommorrow morning to reply to my earlier email. If i do not receive a reply back from him by then, i shall go ahead with the "item not received" claim through paypal, followed by a telephone conversation to paypal, as per your advice.

If the paypal claim fails, then i shall send a letter to the company and then if that fails, i will start proceedings for the small claims court.

Thank you again!

neilmcl

I can see it from the sellers point of view though. As far as he's concerned he has prove that the item was succesfully delivered, therefore he's fulfilled his obligation to you. I'm not sure you have any legal redress against the seller, the courier perhaps though.

suited-aces

This does seem unduly harsh on the seller, but the courier company are out of order, with an incredibly poor system.

alx100

Thanks for your further replies.
Yes, it does sound a bit harsh on the seller, but considering HE is the one with the contract with the courier company and not me, it is me who has had to do all the communicating with the courier company. The seller does not seem to bothered at all.

The seller has already told me that he expected the courier company to directly communicate with me, rather than through him.

I would have thought that he should be able to claim through the courier company, and take any action, (whatever that may be) up with them; as none of this is my fault and so i dont see why i should have to wait for any sort of refund...its been just over a month since i bought this item and i am still trying to sort it out.

Thanks and look forward to further advice and comments.

cyberbob

pinkshoes wrote: »

I would file an "item not received" claim anyway, then PHONE paypal to tell them that the item has been signed for by someone else, and no one was in your property on that day.

That will make no difference you will still lose any paypal claim. Otherwise every scammer in the book would be trying this one. All you will do is antagonise the seller who if it was me would now refuse to offer you any help at all. The seller has done everything right so penalising him as others said is harsh. The reason the seller would want you to communicate with the courier is if it was misdelivered to somewhere local you would more likely be able to find this out.

The seller will not be able to claim via the courier as as far as everyone is concerned it is delivered. As you say none of it is your fault but its not the sellers. Instead of accusing the couriers if you approach them in a friendly manner they would be more likely to try and help you.

I must admit if I buy an expensive item be it from ebay or anywhere else I always check the delivery method and insure that I will be able yo receive it

You could go to small claims court but all you would achieve is to waste more money because the courier has proof of delivery.

alx100

Thanks for your reply and input cyberbob. Its good to hear your thoughts on this.

I dont see what else i can do with the courier company. I have already spoken to the general manager twice, and he says that as far as he is concerned, it IS delivered and signed for, and that i am to go back to the seller.
The seller is telling the courier company to communicate directly with me, so what am i to do?

I can see your point in that if i start a paypal claim, i might anger the seller and he may become even more unhelpful.

But i just dont know what else to do.

None of my neighbours have the surname that it was signed for by, and the courier company driver said that he did deliver it to my address, even though i was at work at that time and date.

Any further ideas?

Thanks again all

pinkshoes

Have you phoned the seller and actually spoken to them?

Although this may be harsh on the seller, it was them that chose the shoddy delivery company, and is more their fault than yours.

Perhaps you could agree to a 50% refund.

I'd also still phone paypal and see what they say.

I would also write a recorded delivery letter to the headquarters of the delivery company stating that their performance and attitude is shocking, and you want a full investigation. I would imply that their is theft going on within the company...

shirlgirl2004

Similar happened to my son. He ordered goods form the USA and got a customs invoice but no goods. When he checked the tracking there was a signature he didn't recognise. There was definitely someone in because the weather had been terrible so I hadn't ventured out. It turned out that the delivery had been made to a business in a nearby town (we live in a village). The address wasn't similar and all the address details on the package were correct. It was only because the business was honest and got his details from the invoice that they contacted him. Someone less honest might have just kept the goods.

balloo_2

alx100 wrote: »

Hi all,

I hope you can help, (and sorry for the length!).

A couple of weeks before Christmas, i bought something off ebay, (buy it now), for £72 and paid by paypal, (with delivery to my verified address).
When it still had not arrived on Monday 21st Dec 09, i contacted the seller saying where is the item and to provide a tracking number.

He replied back saying that i should have the item already and also provided a tracking number.

When i tracked the item online, (delivered using Fastway Couriers), it does say that it has been delivered on 21/12/09 at 10:40AM and a signature has been obtained. This is impossible since no one was in.

I then went back to the seller who said as far as he is concerned, it has been delivered successfully and signed for, (i have double checked that he sent it to the correct address).

When i contacted Fastway Couriers on Thursday 24th Dec, they emailed me a .pdf file, showing a signature next to my address. The thing is tho that the signature is not a name i have ever heard of, nor is it a name of any of my neighbours, (and i have checked with them to ask if they signed for a package on my behalf).

Since then, i have had many communications with the courier company and the seller trying to resolve this, with no success thus far.

On Tuesday 19th Jan 2010, the general manager of the courier company telephoned me saying that as far as he is concerned, the parcel has been delivered and it does not matter who signed for it, so long as it was delivered to my address. When i told him that its impossible he delivered it to my address and that the name who signed for it does not live here AND i do not recognise the name, he said that his delivery driver said that he did deliver it to the correct address.
He also said that he is not legally obliged to get a signature from someone with the same surname as me, (such as with mobile phone deliveries, where a signature needs to be with someone with the same surname).

When i said to him that its impossible that someone from my house signed for it/accepted the delivery on that delivery date because no one was in on that day, he said to me that "why did i buy something, knowing that i should expect delivery on that day when everyone was going to be out, as his company only do "next day deliveries".
I then told him that i was unaware that my seller used Fastway Couriers; i was unaware that next day delivery was used and i was not given any tracking number of this parcel until i contacted the seller a few days later after "delivery".

So he is adamant that his company has not done anything wrong, and that i am to go back to the seller to discuss this.
What can i do now?? The courier company said that they can help me no more...

Just before the general manager called me, i emailed the seller saying that the courier company have been most unhelpful and have failed to reply to my emails/calls and that i think its about time a refund was given back to me; given the length this has been going on for, and i have been extremely patient and helpful. He replied back saying that he has been advised by the courier company that the general manager is "dealing with this directly with you", (i.e, me; the buyer).

I have since emailed the seller again, advising him of that telephone conversation i had with the manager of the courier company from yesterday, and he has yet to reply back to me.

From a few replies on the ebay forums, it seems that if i file a paypal "item not received", i would lose, given the fact that a signature has been obtained for the delivery.

So what can i do now? Since Christmas, i have been out of pocket of £72, whilst the seller does not seem in a hurry to sort this out, and the courier company say that they cannot help any more.

Thanks and look forward to your replies.

Same thing happened to me ordered from ebay delivery driver went to the right number but wrong street and as there was no reply in the right number he left it with his neighbour who signed for it. so it ended up in the wrong number in the wrong street if you know what i mean. Now as far as the seller was concerned it was delivered and signed for :eek:. If the very nice Gentleman from the wrong street had not came to my house and gave it to me i would have been up the creek without a paddle to.