Item paid for - but not delivered

Smickan

Hiya!

I used 'buy it now' to get 2 items [dvd's] on the 5th of July. I paid instantly via paypal and have since been waiting for my items. I waited until the 11th of July as I had heard nothing from the seller, and emailed her through ebay asking where my DVD's were. She emailed back saying she had been ill [and hadn't contacted me to say there would be a delay] and she would post them that day.

Still nothing arrived and I contacted her again on the 14th to tell her they still hadn't arrived. She emailed me back saying she had posted them on the Wednesday [12th July] and that I should have them.

I emailed her again yesterday on the 17th of July to tell her that they still hadn't arrived, and she replied with that she realised I had wanted them straight away and she had posted them - but there wasn't anything else she could do.

I emailed her again straight away after recieving her reply and asked if she'd sent them recorded, or even obtained proof of postage - and she has yet to reply. I understand that things do go missing, but surely - if she has sent them - then she should have obtained a proof of postage if only for her own piece of mind should something like this happen.

I have since been communicating with her through paypal - and via email. She told me that if nothing had arrived by Friday the 21st to email her and she would refund me. I have asked her twice to refund me - once through the dispute centre, and she hasn't replied at all. I gave her warning that I would escalate it and she still never responded, so I did.

She saying it's funny how other people have recieved the stuff she sent out and I haven't and has been insinutating that I'm pulling a fast one and has said that if Paypal decide in my favour she will appeal.

Now I feel like the bad guy for simply wanting stuff that I paid immediatley for, please can anyone advise on if I'm doing the right thing and if there's anything else I can do. Thanks x

hjb123

You are doing the right thing! I would have done exactly the same!

Whats her feedback like?

Just go right through with the dispute - most of the time they find in favour of the buyer - she should have to proove she sent it - ie proof of postage etc - how did it in tiem description say she would send it - recorded, first or second etc?

When I have snet DVDs I normally send them recorded delivery or if not I always get proof of postage

Smickan

Thanks for the reply

I would have thought it common sense to obtain proof of postage, but obviously for some people it's not. I get it for practically everything I post.

The description said that she would post them out as 'Postage & Packing: via Royal Mail 1st Class Standard' and when they didn't arrive with in a couple of days I started to get a little suspicious as her feedback at the time was 14 and she had one negative one. I have to admit to being a little cynical so I don't believe 100% that she was ill - and even if she was, it wouldn't take 2 minutes to email and tell a buyer - after all, that person wants to give you money!

And besides, she put up other stuff in the mean time *rollseyes*

Maranatha

I've got an Ebay feedback in the hundreds. Your not unreasonable. Paypal will look at one thing and only one thing. Can she prove it was sent and received at your address. If the answer is no, they will refund you out of her account. I wouldn't waste my time e-mailing her, she is beyond reason with veiled accusations that your pulling a fast one. Ignore her. Meantime if she continues to ignore Paypal, they will decide in your favour anyway.

Sugar_Coated_Owl

You're definately doing the right thing. The seller is responsible for ensuring that the item is delivered to you. If the seller didn't send the item via recorded/special delivery and cannot provide tracking information then he/she will instantly lose against PayPal.

If he/she sent them 1st class and obtained a COP then the seller is covered up to £32. If this is the case then the seller needs to claim from the Royal Mail.

soolin

I agree with Marantha, there is no need to continue dealing with her. Now you have a paypal chargeback in motion let that run its course. if she fails to respond you win by default anyway.

Incidentally did you fund the purchase via credit card? If so and if paypal can't reclaim funds from her you can always fall back onto them.

Soo

hjb123

I agree that even if unwell you can often manage a quick email to apologise - if you are ill for a while - once I had a bad migraine and was ill for a few days over a time an auction of mine was finishing - I contacted the buyer and informed them what was happening and then also told them once I had despatched the itme!

Smickan

Thank you very much guys

I paid via my solo card, I don't know if that makes any difference

I've just checked the dispute - it's on 'waiting for additional information' so I'm guessing they're still waiting to hear from her as I haven't recieved anything