help please..royal mail lost ebay returned item.

guspoppy

Case for SNAD should not have been opened until this was settled.(or getting near time limit)[/QUOTE]

it was few days left.

George_Michael

soolin wrote: »

There is no rights under DSRs to have a refund if a seller has not been givien a chance to get the item back- and I wonder even if it goes to small claims if sending something back recorded counts as seller being given a chance to recover their goods.

Under the DSR's, the seller must refund the buyer within 30 days of the buyer advising them that they wish to exercise their DSR rights.
This refund is totally unconditional and must be given even if the goods have not been returned.
Stupid I know, but that's exactly what the OFT have stated in their guidelines about the DSR's.

I'm not saying that this should even be considered here. Getting the refund from RM is the best way to proceed.

the_lunatic_is_in_my_head

It doesn't matter,OP has returned item with sellers agreement for refund.
If item not received by seller OP claims from RM and gets refunded purchase price +postage(hopefully)

Yes it does matter if the OP is legally entitled to their money from the seller.

There is no rights under DSRs to have a refund if a seller has not been givien a chance to get the item back. I wonder even if it goes to small claims if sending something back recorded counts as seller being given a chance to recover their goods.

The consumer has the right to an unconditional refund under the DSR where it applies. If the buyer didn't act in accordance with the rules technically the seller must refund and then take them to court but the OP has returned the item so the seller has technically had the chance to get the item back. The OFT guidelines specifically state the right to a refund must not be linked to the condition of the goods being returned.

I think though that suggesting OP will get a refund as she can prove item was sent back to seller is rather giving false hope.

Yes I'll agree but there's a slim chance the seller abides by the law.

hermum

Is it something that would fit through a letter box? Recorded delivery items are only kept at the delivery office for 7 daysI think, so it could possibly be on the way back to you. Although I would have thought that would have updated on the system.

bris

It's not been sent back under DSR, it's been sent back as faulty so DSR doesn't come into it. The seller in this case would have the right to inspect the item to prove it's faulty before refunding. Now we all know that ebay have there own rules on this and will refund anyway but if you are going to quote UK consumer rights then this would fall under SOGA rather than DSR.