Ebay Seller!

Mimi_Arc_en_ciel

May remember i had some issues with an ebay seller.

They sent me jeans
Not acceptable
Sent back Recorded delivery
Mysteriously disappeared.
RM investigated, sent paperwork, seller IGNORED it so RM have closed case as they "assume they have the item"
Waiting on Ebay to call me back as they said they can proceed without a signature

URGH what happens now?

chancesare_2

What does the tracking say. If it doesn't say delivered/attempted delivery or refusal you will lose a dispute. Ebay only need a signature if the item is £150 or more.

Mimi_Arc_en_ciel

It says that it will only track once they have a signature.

eBay have given me an 0800 number to call to speak to them about it :mad:

deeplydizzy

Have you opened a case in the eBay Resolution Centre?If so you do have their protection and very often eBay refund and then claim from the seller.You really need to phone eBay as their Customer Service and resolution team are good and can proceed without a signature as the buyer by law only has to make the goods available for collection and very often RM don`t get signatures for recorded delivery parcels.

jennypdolphin

deeplydizzy wrote: »

Have you opened a case in the eBay Resolution Centre?If so you do have their protection and very often eBay refund and then claim from the seller.You really need to phone eBay as their Customer Service and resolution team are good and can proceed without a signature as the buyer by law only has to make the goods available for collection and very often RM don`t get signatures for recorded delivery parcels.

I think that the problem here is that there is no proof that the seller received the item back. Get on to ebay and see what they say then hopefully we can be of more assistance.

soolin

deeplydizzy wrote: »

Have you opened a case in the eBay Resolution Centre?If so you do have their protection and very often eBay refund and then claim from the seller.You really need to phone eBay as their Customer Service and resolution team are good and can proceed without a signature as the buyer by law only has to make the goods available for collection and very often RM don`t get signatures for recorded delivery parcels.

Please be careful with your understanding of how ebay and even the law works.

If something is returned even under the DSRs there is a requirement to show it has been received by the original seller, or at least the original seller has had the chance to refuse to accept it.

If ebay or even the law using the DSRs were happy to merely force a refund purely because buyer can show they posted something then that leaves sellers far too vulnerable to a scamming buyer.

In this instance, if you read the thread, the buyer has quite rightly tried to return the item, however it does not show that delivery was ever attempted therefore it is lost. Therefore paypal would be quite correct in finding on behalf of the seller.

The fact that RM will not pay out is an entirely different matter and one that annoys me. RM do randomly check lost parcel claims when standard mail is used and randomnly ask the receipient to confirm no receipt. However , they also do not use tracking and it has always struck me that if there is a problem with an address then RM should be assuming that their own letter was lost as well. This needs to be taken up with RM, it is far too late for paypal to be involved.

chancesare_2

Mimi_Arc_en_ciel wrote: »

It says that it will only track once they have a signature.

No, what exactly does it say? Have you put the tracking number in?

bris

Actualy soolin you are mistaken about the DSR rules, to get a refund under DSR you only need to inform the seller in writing that you are cancelling under DSR within 7 working days, the seller needs to refund the buyer within 30 days whether or not the item has been returned. If the item doesn't show up the seller would have to sue the buyer for the item.
Ebay differ by insisting the item is sent back first, but if the DSR rules are to be taken literally by ebay then legaly they should not insist on this.

soolin

bris wrote: »

Actualy soolin you are mistaken about the DSR rules, to get a refund under DSR you only need to inform the seller in writing that you are cancelling under DSR within 7 working days, the seller needs to refund the buyer within 30 days whether or not the item has been returned. If the item doesn't show up the seller would have to sue the buyer for the item.
Ebay differ by insisting the item is sent back first, but if the DSR rules are to be taken literally by ebay then legaly they should not insist on this.

You forget the bit though about the seller being able to get the goods back, so how do you propose in this case that the OP enforces the DSR rules and allows for the seller to regain her goods? Yes th elaw is the law, but on ebay they require the seller to have a chance of getting their goods back, but these have been lost.

Even under the DSR sellers must have the opportunity to regain their goods, you can't just keep the goods, or post them off and have them lost and still get a refund.

As OP cannot now allow the seller to come and collect the goods she cannot go to small claims , if the goods are returned then she may have a small claims case as she has the goods and cna offer the seller the chance to have them back.

Mimi_Arc_en_ciel

Yes i've entered the tracking ID - it's saying it can not track.

to be fair - we're arguing over moneys under £15 - ok, so it's only £15 - But it's £15 could do with in my back pocket lol

I'll try RM again and Ebay tomorrow.

TY x

bris

Makes no difference to the law about the seller getting their goods back in relation to the DSR rules, under the current law the seller must give a refund within 30 days whether they get them back or not. They must then sue the buyer if the goods are not returned to them. I have said ebay is different if you read my post again but as far as DSR rules go ebay should not be able to insist on this if they were to stick to the letter of the law.
I have taken the relevent info from the DSR rules to show you, you may interpret them any way you want.

Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel
an order?

3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received

by you before you make a refund. See also paragraph 3.64.