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ebay item lost in post

I'm after some advice about an item I've bought from ebay, and I was wondering if any of you peeps could help

Its been over 15 days now since the seller says he posted it and I still haven't received it. I've emailed him about this and as he's sent it standard delivery, there's no way of tracking it and he's having to put a claim in to the royal mail. When I asked him for a refund, he got quite snotty and firstly accused me of fraud, then said he was in no position at the moment to pay me and that I would have to wait for his claim to go through. (He isn't a business seller, just a regular user)

Does this sound right? I wouldn't have thought a royal mail claim would be a speedy thing, although there's a deadline of 45 days to put in a claim through paypal.
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Comments

  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My advice would be to start a Paypal claim right away.
  • jzr172
    jzr172 Posts: 50 Forumite
    welcome to the world of ebay/paypal. they are both utter sh it.

    i dont know if the royal mail will pay out either. was it a high value item.

    i bought a quad bike off ebay paid via paypal, quad arrived lovely, waited for the log book an shock didn't turn up or mot. spoke to paypal they said not there problem phone the police. £45 later for new mot and log book. So paypals £500 cover is rubbish
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 June 2010 at 8:22PM
    Rache_uk wrote: »
    I'm after some advice about an item I've bought from ebay, and I was wondering if any of you peeps could help

    Its been over 15 days now since the seller says he posted it and I still haven't received it. I've emailed him about this and as he's sent it standard delivery, there's no way of tracking it and he's having to put a claim in to the royal mail. When I asked him for a refund, he got quite snotty and firstly accused me of fraud, then said he was in no position at the moment to pay me and that I would have to wait for his claim to go through. (He isn't a business seller, just a regular user)

    Does this sound right? I wouldn't have thought a royal mail claim would be a speedy thing, although there's a deadline of 45 days to put in a claim through paypal.

    Start the dispute with paypal. They will give the seller the chance to respond before refunding any monies to you.

    Alternatively you could ask the seller for Proof of posting - if he can provide it then maybe give him an extra few days? If not, definitely start a dispute as it is possible he hasnt even posted it to you.

    Also, just a FYI for future, Royal Mail do not consider items lost until 15 working days have passed from the due delivery date. Although i have no idea how long the process takes to complete and how long it takes to be compensated.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Kite2010
    Kite2010 Posts: 4,308 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker! Car Insurance Carver!
    It's the sellers responsibility to claim the money back from Royal Mail, although I believe the seller has to wait 15 working days before making a claim with Royal Mail. Open a Paypal dispute, strong chance you will win because the seller hasn't got prove of delivery
  • Rache_uk
    Rache_uk Posts: 27 Forumite
    No its not a high value item (£35 inc postage).

    The seller did state that he had proof of postage and I do believe him, but I was wondering it I should wait for his claim to come through - he seems to think that its up to the seller when they should reimburse a buyer.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rache_uk wrote: »
    No its not a high value item (£35 inc postage).

    The seller did state that he had proof of postage and I do believe him, but I was wondering it I should wait for his claim to come through - he seems to think that its up to the seller when they should reimburse a buyer.

    Ask him to scan it and send it to you. You'll be able to see if he has posted it on the date he said he did and if you think he's been dishonest in any way, start the dispute.

    Paypal give you 45 days to open a dispute you said so really, it all comes down to if you can afford to wait, and if you think the seller is genuine or not. He was less than gracious accusing you of fraud but from what i understand (i dont use ebay anymore) it is a common scam.....if something isnt sent recorded delivery......to say you never received it. Although if he were truly worried about that happening, he should have sent it recorded in the first place imo.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Rache_uk
    Rache_uk Posts: 27 Forumite
    edited 20 June 2010 at 8:44PM
    I do sort of know where he's coming from.

    I'm not allowed to post links to the listing, but its number 270586475797

    If you look under postage, it says it would be sent special delivery but when you read the listing (which I clearly didn't properly) it does say first class delivery. When it didn't arrive after a couple of days, I emailed him asking him if he'd posted it as it was a birthday present for someone and I really needed it. When it didn't arrive, I asked if I could return it as it also states in the listing that he accepts returns but he declined, saying it was my own fault for not reading it properly.

    Now after 15 days, this is the situation we are in now. He thinks I'm trying to pull a fast one because I had to go out and buy another one - when in fact I would have had no problems at all re-selling it on ebay as its a popular game, and I do believe I got it for a good price (its £40 in most places).
  • Rache_uk
    Rache_uk Posts: 27 Forumite
    just £2, so probably just first class as that does sound cheap
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rache_uk wrote: »
    just £2, so probably just first class as that does sound cheap

    From royal mails website (estimating size/weight) yeah it looks like first class post. although ps3 boxes are a lot smaller than xbox/ps2 games. cant be far off anyway.

    I'd definitely ask for POP. His reaction to your request might help you make your mind up on whether to file a dispute now or not :)

    Let us know how you get on.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Rache_uk
    Rache_uk Posts: 27 Forumite
    I will, thanks!

    Does anyone have any experience with royal mail claims, i.e how long they take to process?
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