eBuyer sent empty package - Advice needed

Jim02

I ordered some computer memory from eBuyer on 13th April. The package arrived the same week, but I could tell before I opened it that it didn't contain any memory. However it did have some paperwork in it so I opened it thinking that the paperwork may shed some light on the absence of the memory. The package was properly sealed when delivered.

The paperwork inside was just a packing note - no memory. So I called eBuyer and let them know what had happened and asked them to send my goods asap. They sent me an email explaining that they were investigating with their warehouse.

I called them this morning and stated that their internal investigation is their own business, but that they had taken my money but sent no goods, and would they please send the goods I've paid for. They stated that they couldn't do anything until their internal investigation is complete. "Initial findings" are that the weights match (two memory sticks weigh next to nothing so this is no big surprise) and that they need to interview the driver (who just delivered a sealed package - one of many so he/she isn't likely to remember this one).

My wife witnessed me opening the package and finding it empty.

What are my rights here? As far as I'm concerned they're in breach of contract, in that they've taken my money but failed to send the goods - although admittedly they believe that they have.

Needless to say I'll never buy from eBuyer again, and I would urge anybody else to give them a wide berth too. But I need to know my rights for the next time I speak to them.

Please can somebody advise??

J

bris

You now have a civil matter between you that only the courts can settle.

You can start a chargeback through the bank for non delivery but I fell the banks investigation will side with Ebuyer on this because of the delivery, so court would be the only option.

ScrimpingandSaving

Open a dispute with Paypal.

bod1467

ScrimpingandSaving wrote: »

Open a dispute with Paypal.

Where does OP say that Paypal was used for payment? (I don't think Paypal is the only payment mechanism eBuyer accept). And even if this is the case, eBuyer will say they delivered, will have proof, and so OP will (probably) lose.

ScrimpingandSaving

It was an assumption as most people who buy from ebay use Paypal and they are very good at sorting out disputes. Sorry, just trying to be helpful and give a little advice. They may not have thought about the Paypal resolution centre because of their direct dealings with the buyer. So I thought it worth a mention. Is that ok?

bod1467

ScrimpingandSaving wrote: »

It was an assumption as most people who buy from ebay use Paypal

Where was eBay mentioned in the OP?

Skim-reading skills on the wane?

ScrimpingandSaving

Probably yes.

It says eBuyer in the OP. I took that to mean eBayer.
So nerrr!

ScrimpingandSaving

Jim02 have you tried leaving a message on their Facebook site? No company likes bad reviews so it might help. Might not but in your situation I'd try pretty much anything. Sounds like a nightmare.

Valli

bris wrote: »

You now have a civil matter between you that only the courts can settle.

You can start a chargeback through the bank for non delivery but I fell the banks investigation will side with Ebuyer on this because of the delivery, so court would be the only option.

Agree with this; as eBuyer can prove a package was delivered a chargeback will, IMO, fail.

I would advise you send a Letter Before Action requesting either a refund or a replacement item, to be sent within a specified timescale (say 14 days) and state, in the letter, that should they fail to replace/refund you will have no hesitation in bringing the case to small claims when you will increase the claim to include the costs of bringing the action and any associated costs incurred in the meantime.

Send by recorded delivery; retain a receipt as you can add the cost of the letter to your claim.

Google Money Claim Online for more information.

HTH

bod1467

Valli wrote: »

Send by recorded delivery; retain a receipt as you can add the cost of the letter to your claim.

Whilst you can, you don't HAVE to do this. A letter sent 1st class with a (free) certificate of posting from the PO is deemed "served" (delivered) within 2 working days of posting. (Interpretations Act 1978).

(Just offering an alternative choice. If eBuyer cave at the LBA then OP might not get the cost of the recorded delivery back).

Valli

oops - yes of course. PO can provide proof of posting free of charge.

Bod's quite right!