Seller won't refund, options?

nemo183

slam2k5 wrote: »

How is that my problem? According to ebay rules its upto the seller to make sure I get my item so I shouldn't have to take anything up with the RM. What I could do I suppose is write a letter to RM with the tracking number asking for proof of delivery? I only got the tracking number, not the actualy receipt of postage which usually looks like a normal receipt.

But thanks very much again for all the replies.

Than

Your problem is that whilst Ebay may think they command all they survey, UK law suggests that proof of posting is proof of delivery. Now, this may not seem fair, and I'm not a lawyer, but if anyone who is a lawyer thinks I'm wrong, now would be a good time to say so.......

And just as an aside, if ever your Ebay ID is stolen, and used to commit fraud, whatever Ebay rules may say, expect no help from them. You'll even need a court order to force them to hand over any evidence of fraud.

jessc_2001

I "think" it's called "Good Faith".

You purchased an item in "Good Faith" - the seller, by acknowledging that he posted the item and claiming it's loss down to Royal Mail, also acknowledges that a transaction has taken place and has posted said item to you.

You have not received said item. Logic (although not necessarily law) dictates that it is up to him to prove that he has sent the item - you have not taken legal possession of the item (something to do with title of possession) therefore it is up to him to find it - you need to get your money back or the item - as long as you have proof of correspondance, go to a solicitor and bank and seek advice as to how you claim you money back - leave the seller to deal with the postal service and reclaim his/her goods.

I'm not a lawyer or law worker but something about this stinks!

Hope it helps.

P.S. Many solicitors operate a "surgery" day which is pro-bono (i.e. FREE) so check with them or sometimes they are advertised in the local press.

lesmac_2

nemo183 wrote: »

Just to chuck a few ideas in.

If you can start a small claims action in a court close to you - and a long way from him - it will hardly be worth his time in travelling to defend your claim. .

Hope this helps.

Unfortunately, the small claim is heard in a court at the location of the defendant

slam2k5

I don't mind travelling 180 miles to the court if there's a good chance that I can get my money back.

Nex0

What does the tracking number say exactly when you try it on royal mails website?

slam2k5

Something along the lines of "there is no information about this item, once it has been delivered this page will be updated" I'll dig out the e-mail and find out what it actually said.

frivolous_fay

Means it's been lost or nicked in transit.

Recorded delivery = Please Steal Me

Nex0

frivolous_fay wrote: »

Means it's been lost or nicked in transit.

Recorded delivery = Please Steal Me

Which also means as it hasn't been delivered then the seller is screwed as its up to him to chase royal mail for a refund and not the buyer and its his own fault for not insuring the item regardless of what he says.

Technically as hes still trading there should be no reason if you win your in court he cant refund you.

wileycat

frivolous_fay wrote: »

Means it's been lost or nicked in transit.

Recorded delivery = Please Steal Me

Recorded delivery is not for valuable items, its only for signiture on delivery...as you can claim as much back from standard mail as recorded delivery items.

Snooze_Control

nemo183 wrote: »

Assuming he is not a "man of straw", collecting your cash may take a while, but you will get it.

Yep, that's slam's second problem. IF he wins (which I think is doubtful) then it'll be another 10 years before he sees all of his money back as the geezer makes up a sob story about having no job and therefore can only afford to pay it back at 50p per week. :rolleyes: Hence why I prefer - and adopt - the face-to-face approach :cool: . You don't need to be heavy-handed to get your money, just turning up on his doorstep out of the blue is often shock-factor enough for them to cough up. He won't feel threatened even in the slightest by you saying you're taking him to court.

SC