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advice needed please

Hi, I am after some advice, I won an item on ebay, the seller posted on 15.1.07, but i did not receive until 22.1.07 when it was delivered it was in several pieces - i have offered to send pictures of the broken item. The item (sea monkeys in a plastic container(its the plastic container that has broken!) only cost £2.99 with £2.00 p&p. This is the response i have got toay:

"hi i am sorry to here that your item was damaged in the post but i am not responsible for the way the post office handle thier post.You was offered postal insurance which you did not want but you can get a claim form from the post office and claim for it being damaged"

The question is: is it upto me to claim or should it be him! he has proof of posting.

Comments

  • soolin
    soolin Posts: 74,431 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Due to ebay's two tier system the answer depends on how you paid. If you paid by paypal then you can put in a claim for damaged or broekn item, and you have a very good chance of recovering your funds.

    If you paid by any other means then you are stuck, sorry as you are reliant on an ebay claim. An ebay claim is no good for two reasons, firstly if the auction offered postal insurance and you did not take it then the selelr does not have to refund. Secondly, the charge for an ebay claim is £15 so is not worth doing.

    Obviously there is nothing to stop you trying to claim from the Royal mail, but if you seller is un co operative you may run into problems. If you do decide to claim from RM then you'll need to keep all the wrapping as the RM need to make sur it was sufficient for its purpose. If they deem the packing inadequate then your claim will fail straight away.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • hi, thanks i did pay with paypal
  • soolin
    soolin Posts: 74,431 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    In that case open a dispute.

    Good luck!

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • birchy
    birchy Posts: 131 Forumite
    anert2003 wrote:

    The question is: is it upto me to claim or should it be him! he has proof of posting.

    If no proof of postge was obtained then I'm sure neither seller or buyer will be able to claim from Royal Mail.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    birchy wrote:
    If no proof of postge was obtained then I'm sure neither seller or buyer will be able to claim from Royal Mail.

    Lucky for OP, that's not their problem :)
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
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