Delivery driver signed for MY package...Help please

stoobydoo2002

Hi, I bought a camera off eBay in July and it was delivered when I was at work. The delivery driver said he had left the parcel next to the car under the carport which is an open space and shoved a note through my door. When I got home there was no parcel to be seen.

I searched high and low and went round all of my neighbours (Who frequently take packages for me) All had said they had not had anyone come round nor had they gone round to look for any parcels (Why would they)

I have been messaging the company that sold me the camera on eBay and also the courier company who have admitted that the driver signed for it himself.....Except they won't do anything until the eBay seller claims for it.....I have all documentation and correspondance including proof that my signature is not the one which signed for it, proof that the car was not moved (As it had no tax) and proof that I was at work at the exact time that the parcel was 'delivered' even though it was signed for in MY name!!!!

I asked eBay to make a judgment and they said that because the parcel had been signed for and marked as delivered they couldn't find in my favour and so awarded the decision to the seller.....This camera was £279.99 I emailed them recently and they said they still had not heard from the courier company regarding a claim.....

My question is where do I stand on this? Is there anything I can do? I wanted this camera before I went away in November but had to make do with my phone instead, I was so disappointed....I have lost £279.99!!!

Every time I email them they fob me off with the same answer and I just want to know if there is anything I can do about it.

Many thanks

Stuart

Handsome90

That's a really odd thing for eBay to do. What did the seller say? Legally the seller should refund you.

stoobydoo2002

"Stuart,
We still haven't received any response yet."

This was after the 3rd email I had sent them in the space of a month back in August.....Ever since eBay awarded them the win I haven't heard anything back from them!

unholyangel

Is the ebay seller a UK business or an individual (by individual I mean a private sale and not something theyre selling in the course of a business).

If they are a UK business you can send them a letter before action and then (if they don't refund after the lba) file against them in small claims. Its not guaranteed to get your money back though (if they have no assets, sometimes they decide just to fold the company rather than pay up). Have you checked for them on companies house?

stoobydoo2002

Well they aren't listed on companies house......So not a registered UK business......It says they have a sales 'team' although that could be pish! It seems they are only trading on that name on eBay, although they have been a seller on there since 2003.......It just seems odd that a store selling these kind of things with over 12,000 feedback won't give me a decent answer!

If they have no address or will not provide an address then I can't really claim can I?

gardner1

name and shame seller and courier company

stoobydoo2002

They are called Photo Direct and trade on eBay

The courier company was Crest Logistics LTD

honeybean

My partner also had the same sort of problem when the courier company signed for some bike gear that went missing he even got the police involved , they even admitted it but paypal and e bay refused as they had proof of a signature and washed their hands of it ,in the end because his credit card was the payment method linked thro paypal he did a chargeback via his card and got his money back and let paypal and the sellar argue about who has to pay.

marywooyeah

Small claims them.

unholyangel

stoobydoo2002 wrote: »

Well they aren't listed on companies house......So not a registered UK business......It says they have a sales 'team' although that could be pish! It seems they are only trading on that name on eBay, although they have been a seller on there since 2003.......It just seems odd that a store selling these kind of things with over 12,000 feedback won't give me a decent answer!

If they have no address or will not provide an address then I can't really claim can I?

Not being a registered UK business doesn't mean they're not a UK business. I was asking about companies house because if they are not a limited company, any claim against them is not limited to business assets (that's essentially what a limited company is, debts are limited to being recoverable against business assets - which is a problem if said business has no substantial assets).

However, it is still possible they're registered under another name but trading as Photo Direct. Is it detailed on any correspondence you have received from them?

bod1467

Do they have their own website? (Other than their Ebay store). If they do then a WHOIS check should soon divulge contact details.