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who do i claim from?

i received an item not as described and returned it to the seller asking for a refund. i had to pay both postage for receiving and returning.i posted it 2nd class on 25th nov and got a proof of postage. the seller says she hasn't received it yet.i think she 's lying but thats a different matter.do i know put in a claim to the post office, or paypal/credit card.i expect the p.o only refund the cost of the item lost, but i am due both postages from the seller under the distance trading act and sale of goods act. can someone tell me what direction to take. thank you.

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is the seller a business?
    If not, DSRs do not apply.

    Did you buy on ebay?
    If it was an auction, then again, DSRs don't apply.

    Depending on the value of the item and the cost of the postage, Royal Mail should refund the postage for the missing package too... up to a max of £46 I think.

    Seller should refund the cost of the item and the postage, i.e. they should refund all monies you have paid to him/her.
  • randm
    randm Posts: 496 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    wealdroam wrote: »
    Is the seller a business?
    If not, DSRs do not apply.

    Did you buy on ebay?
    If it was an auction, then again, DSRs don't apply.

    Depending on the value of the item and the cost of the postage, Royal Mail should refund the postage for the missing package too... up to a max of £46 I think.

    Seller should refund the cost of the item and the postage, i.e. they should refund all monies you have paid to him/her.

    it was an online shop, but surely she will say i haven't got the item therefore i am not refunding you.
  • visidigi
    visidigi Posts: 6,625 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    wealdroam wrote: »
    Is the seller a business?
    If not, DSRs do not apply.

    Did you buy on ebay?
    If it was an auction, then again, DSRs don't apply.

    Depending on the value of the item and the cost of the postage, Royal Mail should refund the postage for the missing package too... up to a max of £46 I think.

    Seller should refund the cost of the item and the postage, i.e. they should refund all monies you have paid to him/her.

    Max compensation on Royal Mail is £20 now.

    http://www.royalmail.com/parcel-despatch-low/uk-delivery/second-class-mail#faq-19350157-19350149

    As for the OP, they can claim off Royal Mail, its the responsibility of the OP to get it back to the shipper safely.

    The OP could claim off eBay as significantly not as described but they will likely refuse this claim as the OP did not use a traceable method to return the item.
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