Returned Item and Seller Refusing Refund

mrcol1000

I purchased some items for my car. Despite saying they were suitable for my car they clearly are not. I contacted the seller who said to return for a full refund. I opened a return and I returned them three weeks ago and heard nothing. I contacted them several times and still had to no reply. I then opened a not as described case and the seller responded to say to return them. I messaged them to say I had already returned them and they replied that they get lots of returns and I probably didn't enclose any paperwork and its got all mixed up with other returns. I did enclose paperwork and told them this. They did not reply to this. I have also pointed out they are in breach of Ebay and consumer rules. Rather stupidly I sent these by standard mail. I am not £7 down for the item and £3 for the cost of returning them. Any advice. Ebay seem only willing to give me the chance to close the case by saying we had sorted it out or I had decided to keep them. I've been on Ebay for years now and never been in this postion so any help would be gratefully received.

Mindless_Clone

How long ago did you open the case? You can't close if for at least 8 days I think.

cocopops21

If you just sent it by standard mail and there's no tracking number proof then I don't think you can win the case as ebay ask for the tracking number.

theonlywayisup

As they were sent standard mail you will never know if they get there or not unless the seller says so.

You must claim from RM if you still have the certificate of posting.

the_lunatic_is_in_my_head

theonlywayisup wrote: »

You must claim from RM if you still have the certificate of posting.

Highly unlikely they'd go missing and the seller has sort of admitted they have issues with returns.

OP tell them you are evoking your right to cancel under the Distance Selling Regulations (unless their terms are squeaky clean and they provided them to you via durable means as well, which is very rare on eBay, then you have 3 months and 7 days to cancel) and would like a full refund of your original payment within 30 days of your request, if they don't do this send a notice before action in the post asking for payment plus the cost of sending the letter Recorded Delivery and state you are giving them 14 days for payment, if nothing then file through the small claims court.

Chances are the seller will pay up before it gets anywhere near courts and as it's a clear cut case you'd win anyway.

theonlywayisup

the_lunatic_is_in_my_head wrote: »

Highly unlikely they'd go missing and the seller has sort of admitted they have issues with returns.

What do you base that on? The seller may have slapdash returns in procedures but that doesn't mean they have received them.

Ultimately, for Ebay/Paypal the buyer needs to show they have returned them......in this case, they cannot.

the_lunatic_is_in_my_head

theonlywayisup wrote: »

What do you base that on? The seller may have slapdash returns in procedures but that doesn't mean they have received them.

Come on how many parcel actually go missing in the post? OK it happens but we have a non-communicating seller and a buyer who has unfortunately not returned tracked, based on probability I would bet on Royal Mail doing their job and the seller either screwing up on seeing the opportunity not to refund as it wasn't tracked.

If OP cancels they don't need to deliver the goods back, just post them and have proof of this.

theonlywayisup

the_lunatic_is_in_my_head wrote: »

Come on how many parcel actually go missing in the post? OK it happens but we have a non-communicating seller and a buyer who has unfortunately not returned tracked, based on probability I would bet on Royal Mail doing their job and the seller either screwing up on seeing the opportunity not to refund as it wasn't tracked.

If OP cancels they don't need to deliver the goods back, just post them and have proof of this.

But, ebay and paypal don't base their disputes on 'probability'. The easiest thing would have been to have sent it tracked, they didn't, so the next easiest is to believe the seller and claim from RM.

Yes, you are correct the OP does have rights under civil legislation, but this isn't a quick fix.

the_lunatic_is_in_my_head

theonlywayisup wrote: »

But, ebay and paypal don't base their disputes on 'probability'. The easiest thing would have been to have sent it tracked, they didn't, so the next easiest is to believe the seller and claim from RM.

Yes, you are correct the OP does have rights under civil legislation, but this isn't a quick fix.

So Royal Mail, or more accurately you and me, pay for this because the seller doesn't do their job properly and/or it's easier for the buyer?

If anyone should claim it should be the seller.

theonlywayisup

the_lunatic_is_in_my_head wrote: »

So Royal Mail, or more accurately you and me, pay for this because the seller doesn't do their job properly and/or it's easier for the buyer?

No, I am saying that if the buyer believes the seller, then they must claim from RM. That is the easier option versus civil litigation.

You and I, nor indeed the buyer KNOW if the item has been received or not.

the_lunatic_is_in_my_head

theonlywayisup wrote: »

No, I am saying that if the buyer believes the seller, then they must claim from RM. That is the easier option versus civil litigation.

The seller 'must' claim, not the buyer as the buyer is due a refund for fulfilling their duty of care.

I agree it's the easiest answer to claim but everyone moans when stamps go up or compensation is cut from certain services and situations like this are part of the reason.

The seller hasn't actually said they didn't receive but that it's possibly "got all mixed up with other returns". Granted the OP included paperwork but a statement like that wouldn't offer me much confidence in the seller's ability, if it were me I'd be checking every single return in the warehouse before even replying to the buyer about what "might" have happened.

The seller is performing poorly, Royal Mail is generally excellent, morally I wouldn't claim.