Returned Item and Seller Refusing Refund

shaun_from_Africa

Royal Mail is generally excellent, morally I wouldn't claim.

I would.
If this seller makes a habit of claiming that goods haven't arrived, Royal Mail may notice this if they start receiving lots of claims for "missing" mail that was destined for a particular address.

theonlywayisup

the_lunatic_is_in_my_head wrote: »

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

The buyer used RM to send the item, the onus is on the buyer to make the claim with RM for not fulfilling the contract they had.

OP, you have the option of claiming with RM. You must be clear in your own mind that the item is lost though. If you are not, perhaps take issue with the seller again to get confirmation one way or the other.

Meadows

As the onus is on you to send them back with tracking information and you have none I can not see you getting any joy from eBay as you have no proof of return!

the_lunatic_is_in_my_head

theonlywayisup wrote: »

The buyer used RM to send the item, the onus is on the buyer to make the claim with RM for not fulfilling the contract they had.

The buyer has fulfilled their duty of care and is due a refund from the seller, as they can't claim twice it is the seller's responsibility to claim should they wish.

The consumer's duty of care ends once they had the parcel over to the delivery agent, who has the contract with Royal Mail is irrevelant as the seller has a contract with the buyer and specific legal responsibilities to fulfil.

theonlywayisup

the_lunatic_is_in_my_head wrote: »

The buyer has fulfilled their duty of care and is due a refund from the seller, as they can't claim twice it is the seller's responsibility to claim should they wish.

The consumer's duty of care ends once they had the parcel over to the delivery agent, who has the contract with Royal Mail is irrevelant as the seller has a contract with the buyer and specific legal responsibilities to fulfil.

DSR is not really always the real world.

So, you suggest the OP doesn't claim and leaves it to the seller to do so. Do you think that is going to happen or have I misunderstood your post.

The buyer has a contract with RM regardless of what else has happened. Going back to my comments earlier, this is the EASIEST and QUICKEST way to get a resolution for them.

the_lunatic_is_in_my_head

theonlywayisup wrote: »

So, you suggest the OP doesn't claim and leaves it to the seller to do so. Do you think that is going to happen or have I misunderstood your post.

That's the seller's problem, I would have hit them with a neg by now and be demanding my money back by following the steps above.

theonlywayisup wrote: »

The buyer has a contract with RM regardless of what else has happened. Going back to my comments earlier, this is the EASIEST and QUICKEST way to get a resolution for them.

Both sender and receiver can claim, I don't disagree it's the easiest I just disagree with the morals.

As you say above the buyer has to believe it is actually lost and if you were the buyer with this seller (from what we've heard) would you believe them?

mrcol1000

I can see what you are all saying. However this is a low value but bulky item and therefore cost nearly 50% of the purchase price to send back. I was trying to cut my losses as I didn't think I would get the cost of posting back. This seller is a "Top Rated" seller and so it shows just how little that means on Ebay.
I will be claiming from Royal Mail as Ebay say I have no proof the seller received it back so therefore it must have got lost in the post. Based on that I am entitled to compensation for a lost letter.

the_lunatic_is_in_my_head

mrcol1000 wrote: »

I will be claiming from Royal Mail as Ebay say I have no proof the seller received it back so therefore it must have got lost in the post. Based on that I am entitled to compensation for a lost letter.

Everything sent standard mail does not have proof it was delivered, perhaps I should start claim all my standard mail as lost?

When the seller said that it might be mixed up with other returns did you ask them to look for yours?

I find it particularly unfair on Royal Mail to pay out in such a circumstance when the a) onus is on the seller b) it's highly unlikely to be lost and whilst perhaps a difficult situation for a customer they should be phoning the seller to discuss the problem.

I'd also be negging this seller and marking down their comms star with a 1.

John_Jizzle

leave and neg and quote his comment about returns being mixed up

sharnad

You can't claim from seller if they say they haven't got it. You will have to claim from
Royal mail