Seller not collecting returned goods?

mazz1953

Hello All,

A few weeks ago, I bought some software off Ebay and it turned out they were fakes, I have written proof from the original company that supplies the items.
I sent a message to the seller, but he ignored me till I opened a dispute with PayPal. Even then it took a week to reply and he asked to sent the goods back but neglected to give an address. When I asked for the address it took another 5 days for me to get it. I posted the items, gave him the tracking number and he still not contacted me and given the refund.
On 23rd I escalated the dispute to a claim, but he still has not replied (The dispute would I have been closed, if I had not escalated by 26 July). I have tracked the item, but Royal Mail says it is still going through their system and it appears either not to have been delivered or been picked from the sorting office, I suspect it is the latter.

My hunch is that the seller is deliberately not picking up the parcel because he can claim he never received the returns to try and get out refunding my money.

Is there a way I can find out from Royal Mail if any delivery attempt has been made and when?

Would PayPal accept my postal receipt with the tracking number as proof that I sent the items back?

Any advice on what I can do next is most welcome!

Thanks
mazz1953

martindow

What claim did you open? I thought with fakes Ebay asked you to provide evidence and then they would tell you to destroy the items. I'm not sure why they are being returned.

soolin

I assume you have used recorded as that sounds like the usual message that most people get.

It is likely that it will never update online and as you cannot show to ebay that the seller had an opportunity to accept the goods back you cannot win a paypal claim. All you can do is use your recorded POP to claim the loss form Royal Mail at the correct time frame.

deanos

Illegal to send fake goods through the mail, you should have kept hold of them

theonlywayisup

What exactly does the tracking say?

If it says 'progressing through our network' or similar - than as per soolins post.

If it says refused/not collected/pending instructions from address - then update the claim as you will win.

In future, if you get written evidence that the item is fake (from a reputable authorised reseller) then you will win a Paypal claim without having to return the item.

hermum

OP seeing that you opened a dispute in paypal I'm assuming for fake goods, did they ask you to post it back? I thought that if you could prove they are indeed fake that you were told to destroy the goods & given a full refund.
I would scan the proof into the dispute or fax it to them, the seller should be the one losing the money.

mazz1953

This is what is says when I put in the tracking number:

Item xxxxxxxxx7GB was posted at xxx Marsh Road xx3 2xx on 15/07/11 and is being progressed through our network for delivery.

I take this to mean that it not has not been delivered or collected.

The seller asked for the tracking information directly after I has messaged him in PayPal that I had posted the item.

I have asked about a week ago if he had the item, but he is not answering my message.

Is there any way I can find out from Royal Mail if they have even attempted any delivery or left a card?

hermum

Unfortunately recorded rarely tracks to delivered online.
Have you or can you scan in the proof that they are fakes to the dispute as you shouldn't have had to return them?
Or told paypal that you have written proof?

mazz1953

I have the original email from AVG and I did initially dispute that they were fakes, but PayPal haven't asked me for any documents yet? The seller asked me to return them so I could get a refund, but as we can see, he is trying to avoid refunding my money.

hermum

mazz1953 wrote: »

I have the original email from AVG and I did initially dispute that they were fakes, but PayPal haven't asked me for any documents yet?

I'm not sure if an email is enough evidence for paypal, I believe they ask for a letter on headed paper.
There is a number you can call for RM to see whether they have more up to date info on the recorded delivery I think but I don't know it, it will no doubt be on the RM website.
If nothing updates you will of course be able to claim for loss from RM with your COP but that means that the seller gets to keep the money & probably has the item back to sell on again.

cit_k

deanos wrote: »

Illegal to send fake goods through the mail, you should have kept hold of them

Any link to the law or legislation that states that?