Item damaged/not recorded

Soot2006

Quick question if a buyer contacts seller about Item not as Described and seller responds that this is not the item they sold (two very similar items bought from different sellers at the same time) ... but the item in question then never materialises, can the buyer still open an Item not Received case against the seller?

I am in this situation, have tried to resolve amicably. Seller has seen pictures of the item (seriously damaged) and says this is not what they sent out. Second seller ignoring contact .... but still missing second identical item ... and neither item sent recorded!

Crowqueen

Have you opened any disputes already? I think you can open an Item Not Received dispute and then change it to Significantly Not As Described, but I'm not aware you can do the reverse.

If you haven't opened a dispute, then you can always open one if the seller is not co-operative, but if they are, it wouldn't be right to do so. If you have exhausted all the possibilities, open disputes by all means.

If you came to me with this issue and realised your mistake, I'd be happy to sort it out properly whatever happened, but many are not so forebearing. Just make absolutely certain what you've got and haven't got and then proceed with disputes.

hermum

Can you tell from the pictures on the listing which item you have?

Soot2006

Crowqueen wrote: »

Have you opened any disputes already? I think you can open an Item Not Received dispute and then change it to Significantly Not As Described, but I'm not aware you can do the reverse.

If you haven't opened a dispute, then you can always open one if the seller is not co-operative, but if they are, it wouldn't be right to do so. If you have exhausted all the possibilities, open disputes by all means.

If you came to me with this issue and realised your mistake, I'd be happy to sort it out properly whatever happened, but many are not so forebearing. Just make absolutely certain what you've got and haven't got and then proceed with disputes.

Thanks for the advice.
Not opened any disputes (yet)!
I'm still waiting for this second item, and hopefully it will still arrive in the eleventh hour after a loooong holiday in a sorting office.

If it doesn't arrive, though, I'm going to have a strange time working out which dispute to open against which seller!

Soot2006

hermum wrote: »

Can you tell from the pictures on the listing which item you have?

Sadly they are the same. I never expected to win both auctions, as had been trying for this model for a long time and always missed out! So I was bidding on both and randomly won both within a few days of each other *facepalm*

And right now I don't even have one usable item!
One never arrived and one is totally damaged!

I do have the original brown paper my item arrived in. No return address. I described the paper in my contact to the seller but s/he didn't comment on it. :?:

hermum

Have you checked at your local delivery office to see if it's there, or would it fit through the letter box if you weren't at home when it arrived?

hermum

Soot2006 wrote: »

Sadly they are the same. I never expected to win both auctions, as had been trying for this model for a long time and always missed out! So I was bidding on both and randomly won both within a few days of each other *facepalm*

And right now I don't even have one usable item!
One never arrived and one is totally damaged!

I do have the original brown paper my item arrived in. No return address. I described the paper in my contact to the seller but s/he didn't comment on it. :?:

If they are the same how can this seller say that the damaged one wasn't the one they sent?
Or are they saying that it can't be the one they sold as it was undamaged when posted?
Maybe you could ask them both to scan the COP through to you, not for you to claim for either of them from RM. You can then sort out from the date of the stamp which was damaged & which not arrived. As long as they weren't both posted on the same day.

Soot2006

Or are they saying that it can't be the one they sold as it was undamaged when posted?

^ This!
The damage is not of the type that could have happened in the post (i.e. it's serious wear and tear damage that was not in either description!) I sent them a photo of the damage and they said that was not their item, but then offered a £5 partial refund (unacceptable as the item was much higher value and unusable) and harped on and on about how their listing says "no returns" .... which is why I am paranoidly suspicious that this might actually be their item.
Both private sellers.

Good idea re the COP, only that the other seller (I also sent them the photos) is not responding at all to comms.

It's just the strangest situation.

hermum

Soot2006 wrote: »

^ This!
The damage is not of the type that could have happened in the post (i.e. it's serious wear and tear damage that was not in either description!) I sent them a photo of the damage and they said that was not their item, but then offered a £5 partial refund (unacceptable as the item was much higher value and unusable) and harped on and on about how their listing says "no returns" .... which is why I am paranoidly suspicious that this might actually be their item.
Both private sellers.

Good idea re the COP, only that the other seller (I also sent them the photos) is not responding at all to comms.

It's just the strangest situation.

Instead of sending the pics to the second one you should have tried to find out which was which.
Now that you have, have you told them that you bought two of the same items & so you're trying to find out which is the damaged item? Then ask for the copy of the COP.

Soot2006

Seller does not have COP
..... Other seller remains absent.

martindow

Can you sort it out by the post mark which you have received - town and or date of posting?