eBay outlet seller not refunding despite not receiving item

Hayemaker

Hi guys,

i need some advice regarding my dispute with ebay and a seller called SoleTrader_oulet.

I ordered a pair of trainers which never arrived despite being shown as delivered in the tracking information. When I asked the seller, they informed me that the driver misread the address and delivered it to the wrong house.

They said they would ask the courier to collect it and deliver it to me, but apparently the courier has tried twice and nobody has answered the door. They suggested I try and as it is 1/2 a mile away from me I have also been twice but again not answering their door. This was the last I heard from the seller until I opened a case in the resolution centre.

My case and appeal has gone in the sellers favour since ebay state that there is tracking information which shows it has been delivered to my address even though I've informed them that I have not received it. I have still got the e-mail where the seller informs me of the couriers mistake but ebay don't seem to be interested and are sending out the same replies such as "we suggest you check with neighbours etc"

Just wanted some advice on what to do next?

thanks

Hintza

Life is too short unless you really are up for a fight then your only real recourse will be small claims.

Having said that the seller should be able to get his money back from the courier.

If you have not left a neg yet, then one more attempt at appealing to your sellers moral code.

arcon5

What was the value of the item?

Hayemaker

i have already left neg feedback and the trainers were £30

Oliver14

If you have email showing the seller admitting that they went to the wrong address. I would phone ebay and tell them and that on those grounds you wish to appeal the case. It may not work but ebay if they see this email may do something. They have been known to give no fault refunds and you have nothing to lose but to try.

arcon5

I assume you paid via PayPal?

If so, since ebay sided with the seller you have no comeback, if though you used other means you may have additional protection.

The way I see it, you have two options:

1: Leave it
2: Send them a 'letter before action' stating you have not received the item and if a refund is not received within X days you will file court proceedings.
-- Many retailers will then refund to the threat of small claims. If however they don't respond you have two options:

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1: leave it and put it down to experience.

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2: go to moneyclaim.gov and file proceedings. It will cost £35 and this will be added to the claim total.

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if though you win, it doesn't guarantee you will get the money. Many will pay up, many won't -- if they don't then enforcement can get more expensive and still doesn't guarantee your money.


The letter before action will cost a couple of quid to send via registered post, so manybe worth doing. After which it's your call, but I personally wouldn't both going further (unless the seller is rude in which case I would out of spite!).

Hayemaker

thank you for your advice...

I have got e-mails in my ebay inbox where the seller informs me it has been delivered @ ... because the driver misread the address. However ebay claim that they cannot look at my inbox because of their privacy policies :S

I have phoned ebay and pointed them to the message from the seller in the dispute resolution page which suggests it has been delivered to the wrong address and on that basis they have forwarded my claim to a 'higher department' so that my claim can be refunded manually 'subject to approval'.

I have informed the sellers they are in breach of the distance selling regulations as they have not performed their part of the contract but they are not interested and don't respond. Hate to sound cliche but its not about the money but more about the principle, ignoring my messages and tactfully posting tracking information in the resolution centre when they know it has not been delivered is very childish!

pinkshoes

I'd send them a "Letter Before Action" giving them 14 days to refund your £30, otherwise you will take them to court.

Make it clear in the letter that as you have evidence in the form of an email from them admitting that the courier did not deliver the item to you, then you will use this as evidence in a small claims court claim. Perhaps also suggest that they too use this evidence to claim the cost from the courier.

Send it recorded delivery.

I'd take him to court, as although it's only £30, it's the principal, and the seller already has a courier who has admitted to not delivering it.