Item sent late - I no longer need it. What shall I do?

Crowqueen

I can understand your frustration - but sometimes it's better to cut your losses. I'm not sure there would be any opportunity to directly claim breach of contract without trying to take it to the courts.

The more realistic situation is that you will have to return for a refund - but you will have that right, so don't worry about that part of it.

Mindless_Clone

Well, since it's still not here and the seller still hasn't communicated over 48 hours after I contacted them, I have opened an INR. In a way, seller is kind of doing me a favour here. I noticed they had a negative left for non delivery today, and a couple of neutrals for slow delivery. I guess that means I'm not the only one unhappy then.
What annoys me is they make all these promises of quick dispatch and delivery and that misleads people (like myself - and I am normally quite careful/cynical) to buy from them. It annoys me because it makes buyers like me wary of business sellers and damages the trading platform for everyone.

Mindless_Clone

Urgh, this seller is taking the pee now.

I contacted him on Sunday to say I hadn't received it, and that I now wanted to cancel. No response from seller.
I waited a little over 48 hours and opened an INR Tuesday night (item was still not here). I stated in the INR that I wanted to now cancel the transaction as the item hasn't arrived and I no longer need it.
Seller responded with delivery information on Wednesday lunchtime. *headdesk* His "excuse" was something to do with Royal Mail not delivering the bulk mail bags they need to send out the post. Like, that's my problem is it? Hmm! Anyway, I did suggest to him that if he values his business he ought to have contingency plans in this event... or at the very least contact his sellers to explain delays and at least find ways to dispatch the urgent requests. I think we can safely assume he won't be getting 5 stars from me for communication or dispatch! I said I'd return it when it arrived and expect a refund, which he duly promised when he receives the item back.

Anyway, what should arrive this morning but this order. Sent 1st class recorded no less. So, in other words, most likely sent Wednesday or Thursday at the latest, after I'd twice told him I wanted to cancel the whole thing. It is, of course, not impossible that it was in fact sent on 31st when it was marked dispatched and has been knocking about a sorting centre for nearly a week but since he didn't reply to my INR with "I don't understand; it was sent on Friday 1st class recorded" but came up with a list of not-the-buyer's-problem excuses instead, I find the likelihood extremely remote. I actually asked him when he actually sent it yesterday because it hadn't arrived. No reply as yet. I am waiting to see whether he's actually going to be honest about it.

So not only has the seller not lived up to the promises in his advert, but has probably lied about the day it was dispatched and then ignored my request twice for them to cancel, thus causing me (and him) a whole heap of hassle to sort out. I can't help feeling the seller was hoping, because it's only a small value transaction, that'd I'd just accept them as it would be cheaper than sending them back (no, he hasn't offered to pay the cost of return postage but then again, I haven't asked).

Anyway I'd phoned RM on Monday to ask what I do if it arrives to avoid paying to post it back. Their advice was to just refuse the delivery and the parcel would be returned to sender, so this is what I have done. Postie marked it return to sender and seller should get it back in the next day or two and I will be expecting my refund.

Meanwhile, he chalked up 4 negatives and 8 neutrals this week all about the delivery and comms so maybe the mail bag issue was genuine. But why someone would jeopardise their business in this way by not finding some way meet the targets they set themselves is beyond me. It annoys me because this seller has actually denied a competitor of trade because he promises things he doesn't deliver. I'd love to report him but not sure if he's actually contravening any ebay listing rules. Sellers like this are the ones who spoil ebay for the decent folks out there. Maybe I should just report him to trading standards eh!