Returned Item and Seller Refusing Refund

mrcol1000

the_lunatic_is_in_my_head wrote: »

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.

I only got them to tell me they mix up returns by opening a not as described case. My messages are ignored and telephone number unanswered. Its unfair that I am nearly £10 down. Its unfair they described my item as fit for my car when it clearly wasn't.
Personally I think Ebay should be a bit harder on bulk sellers and force them to meet their obligations and punish those who are regularly complained about. Instead they count the money and tell people like me to go to the police. If I went to the police over this they would tell me to stop wasting their time.
The seller is £7 up and has the items to resell. I am £10 down. Is that really fair or morally right?
As the seller won't talk to me the fact they haven't refunded the money I can only assume that they never received it and it got lost in the post. If they want to check with the seller to see if they received the item then maybe they can actually get a response out of them.

the_lunatic_is_in_my_head

You can't on one hand say the seller has the item to resell and on the other say you'll assume it's lost.

I agree your situation isn't right or morally fair but acting in a immoral manner because you have been wronged doesn't justify the action by my ethics, sorry.

Recorded Delivery letter in the post asking for the refund, detailing your legal rights and notifying of intent to take action via the small claims court, along with a complaint to Trading Standards via the Consumer Advice line, is the correct thing to do if you honestly feel the seller it just poor at their job and has received the parcel, rather than a claim made on a biased assumption.

chancesare_2

the_lunatic_is_in_my_head wrote: »

, rather than a claim made on a biased assumption.

Biased? Can you say the seller has the item? No. Can you say he hasn't? No.

The result (not an assumption) is based on the facts the buyer has. Not you, not me.

He has a valid claim with RM and I agree it is the best, most valid and easiest way to claim.

It's not immoral either :cool:

the_lunatic_is_in_my_head

chancesare wrote: »

Biased?

The result (not an assumption) is based on the facts the buyer has.

Please, there are no facts here to say delivery didn't happen either, either way it's based on assumption.

We are talking about a claim where neither the OP nor the seller has said the parcel hasn't been returned (in fact the OP feels "the seller has the item to resell"). The seller needs to get off their backside, look in to the OP's complaint and find their return.

The delivery issue aside, the sellers performance is very poor (ignoring comms and then giving poor answers to questions showing they are not about to take action to resolve) and it's most likely they are either lying or haven't processed the return.

theonlywayisup

Op, file a claim with RM. yes there are other ways to deal if you have time and inclination, but with no assistance from the seller you are limited. You can claim with your certificate of postage.

Despite what is being said here, you are the one with the contract with RM, so you can claim.

Up to you if you want to take the easy route or sledgehammer.

It's not immoral or wrong. If you cannot establish where the parcel is, leave it to RM to work out.

mrcol1000

theonlywayisup wrote: »

Op, file a claim with RM. yes there are other ways to deal if you have time and inclination, but with no assistance from the seller you are limited. You can claim with your certificate of postage.

Despite what is being said here, you are the one with the contract with RM, so you can claim.

Up to you if you want to take the easy route or sledgehammer.

It's not immoral or wrong. If you cannot establish where the parcel is, leave it to RM to work out.

Thank you. I personally think the blame is with Ebay. They talk about buyer and seller protection but when things go wrong they seem to just want to wash their hands of the matter and tell you its not their problem especially where [STRIKE]their main income source[/STRIKE] top sellers are involved.

chancesare_2

chancesare wrote: »

Can you say the seller has the item? No. Can you say he hasn't? No.

the_lunatic_is_in_my_head wrote: »

Please, there are no facts here to say delivery didn't happen either

Er what?

Can you say the seller has the item? No.

Can you say the seller doesn't have the item? No.

So where is that saying 'delivery didn't happen either'?

I am saying that there is nothing to say the delivery did or didn't happen.

Stop getting bogged down. There is nothing to say the Op cannot claim from Royal Mail. If they can't prove it's been delivered then OP will get their money back. Without the need for any legal routes to be taken. Or do you take everything from longest hardest scenario and then work backwards?

the_lunatic_is_in_my_head

chancesare wrote: »

Er what?

You said the buyer has "facts", no one has any facts apart from the seller.

chancesare wrote: »

Can you say the seller has the item? No.

Has the OP asked the seller to find their parcel as the response was, "might be mixed up with other returns" not, "it wasn't delivered"

chancesare wrote: »

Can you say the seller doesn't have the item? No.

Again how about asking them?

chancesare wrote: »

I am saying that there is nothing to say the delivery did or didn't happen.

Indeed.

chancesare wrote: »

Or do you take everything from longest hardest scenario and then work backwards?

I do what I think is morally right and where I suspected that a seller wasn't doing their job properly or was chancing on not refunding as I hadn't used tracking I wouldn't pass my burden on to someone else.

chancesare wrote: »

If they can't prove it's been delivered then OP will get their money back.

As above Royal Mail can't prove whether any untracked parcel has been delivered or not so we might as well all claim for all our untracked post on that logic.

chancesare_2

the_lunatic_is_in_my_head wrote: »

As above Royal Mail can't prove whether any untracked parcel has been delivered or not so we might as well all claim for all our untracked post on that logic.

Well yes. What other logic would you employ? I really don't see why you are so argumentative?

Poor OP. This thread has mostly been about you and what you feel is right.

Reality check, it isn't about you.

It's about the OP and thankfully there are enough level headed people on here to give them the advice they need.

the_lunatic_is_in_my_head

chancesare wrote: »

Well yes. What other logic would you employ?

Royal Mail will payout for (almost) any claim relating to untracked mail, that doesn't mean every claim they pay out for is valid now does it?

How about the logic of whether the parcel is actually lost or the seller has it?

Nobody has answered the question of if they genuinely believe that a uncommunicative seller who has demonstrated poor customer services skills, who hasn't actually said they don't have the parcel, doesn't have the parcel.

It seems to be about what is easier for the OP to get their money back and whilst I sympathise somewhat with their loss I still don't agree that someone should make a claim unless they genuinely believe the parcel was lost in the post.

Say I have a buyer who claims INR, I look at their feedback, contact other sellers and can see a very clear pattern of INR claims, should I claim from Royal Mail? After all they'll pay out and despite what is clear, who knows maybe this one really did go missing ...

Same principle, different situation.

I'm sorry if you feel the thread is about what I feel, I was under the impression that was the point of a discussion board. The OP has been told to claim at the start and doesn't seem to want to do much else about their issue so what difference does it make if we discuss the matter now?