eBay item never received - Ordered in April. Seller refused to help.

mattyprice4004

terra_ferma wrote: »

It sounds like either ebay or paypal made a mistake in making the decision, or the address given on paypal was wrong.
The buyer should only win a case if they have proof of delivery to the address given on paypal, although that could have easily been overlooked if the address is similar.

If the address given was wrong, it's hardly the seller's fault, although under DSR your friend would have had the right to cancel the order and get a refund (in real life a bit complicated to get a retailer to refund you for something you cannot return).

Would your friend win a small claims case if they gave the wrong address? Maybe someone here knows about similar cases?

The address given was 100% correct, however when we requested the tracking information the address in this was incorrect.

We didn't make the mistake.

mattyprice4004

arcon5 wrote: »

If this was a case of not received and only now reporting it as not received, then i'd agree. However, it was reported as lost within a reasonable time so I don't agree op doesn't have a viable claim.

Thanks, I've printed a copy of all messages off incase eBay automatically deletes them after a set time.

Mindless_Clone

visidigi wrote: »

Why is the courier not listed as a possible blame aspect? If the label is right and the courier delivered to the wrong address then I suspect thats why eBay sided with the seller...

True, but all ebay care about is the seller and the buyer, not the courier in the middle. If the courier is at fault, that's up to the seller (who is the one who has a contract with them) to take up as a separate issue. If the courier mis-delivered and the buyer's details were correct on ebay, then ebay should have sided with the buyer.

visidigi

arcon5 wrote: »

If this was a case of not received and only now reporting it as not received, then i'd agree. However, it was reported as lost within a reasonable time so I don't agree op doesn't have a viable claim.

You say that, but the OP openly states it went to eBay who made a decision in May, which the OP didn't do anything about until September.

Just how long would you deem acceptance of the original decision if four months isn't long enough?

terra_ferma

mattyprice4004 wrote: »

The address given was 100% correct, however when we requested the tracking information the address in this was incorrect.

We didn't make the mistake.

In that case ebay/paypal made a mistake, not unusual, as they make decisions very quickly often without looking at all the information, it seems.
I would say it's very unlikely they'd change their decision if you didn't appeal at the time. You could always try, you never know.

Pity, this is one that from what I heard, with a bit of persistence, your friend should have been able to win an appeal against (probably after a few phone calls).

arcon5

visidigi wrote: »

You say that, but the OP openly states it went to eBay who made a decision in May, which the OP didn't do anything about until September.

Just how long would you deem acceptance of the original decision if four months isn't long enough?

Ebays decision is not relevant and certainly doesn't override ops statutory rights. Not sure what aspect of the law would seem op to have 'accepted' the decision.

Op would have as long as the statute of limitation would allow