eBuyer sent empty package - Advice needed

Jim02

Thanks for all the replies. I DID use PayPal, and have opened a dispute with them.

I try and avoid Facebook but I suppose I could sign up in order to leave a review.

I've spoken to CAB and they've confirmed my suspicion that eBuyer are in breach of contract, but also that proving it will be difficult. I guess that because my witness is related to me, that won't have any bearing should things go to court.

I'm still waiting to hear back on the results of their internal investigation. they told me it would be yesterday, but clearly they're taking their time. After all, I'm only an out-of-pocket customer, why should they hurry?

I'm just incredibly frustrated - I've had occasional delivery disputes before with other online sellers and in every single case the vendor has been apologetic and sent replacement items while they sort out their internal problems. eBuyer don't seem to give a damn about their customers. I've spent loads of money with them in the past and always been very pleased, but their attitude on this means I'll never buy from them again.

bod1467

Bear in mind that small claims court cases are decided on the Balance of Probabilities, not on Beyond All Reasonable Doubt. Your witness being related to you shouldn't matter so much.

PS - if eBuyer fob you off then, like Valli said, send them a Letter Before Action (Google it) to demand either the product sent or a full refund within, say, 14 days. If they don't comply then small claims court action will commence wherein they'll become liable for the cost of bringing the claim when you win. You could even enclose a copy of a claim form (not yet filed) with your LBA to show them you are serious, saying that this is the claim you'll submit should they fail to comply.

They'll refund rather than take the risk of court.

Valli

Totally agree with Bod; your paypal dispute will possibly fail because they can prove delivery.

It doesn't matter what their internal investigation does, or does not, throw up (for instance, it could be a light-fingered packer so they will claim it was packed;)).

LBA with Bod's suggestion of a copy claim form ready to file in court will swing it.

THAT'S when they'll take you seriously.

Jim02

The latest is that I raised a PayPal dispute, as recommended by CAB. EBuyer have now contacted me to say that they have suspended their investigation to deal with the PayPal dispute. CAB seemed very surprised by EBuyer's initial stance, so I can't wait to tell them this!!

However, according to PayPal's dispute page, all EBuyer need to do is respond - they do not need to embark upon a lengthy "investigation alongside" PayPal unless I escalate my dispute - currently it's merely registered.

This seems to me to be merely a ploy to get me to drop my dispute. So I have decided to proceed with an LBA.

Thanks for all the advice, I'll keep you updated with progress!

halibut2209

Personally I would wait until Paypal respond. It always looks good to a court if you can show you've taken every other recourse possible.

robatwork

I have had lots of deliveries from ebuyer - all been OK so far. Had a few open enotes about this and that - they aren't swift at replying but no major issues.

One thing although it sounds daft - are you 100% sure the RAM isn't there sealed under some card or clear plastic at the bottom of the box?

[Deleted User]

To be fair, I can see Ebuyers point of view. I would think they get issues like this from time to time where people say goods weren't in the box so they can get the item for free (I'm not saying this is the case here). In all my time buying stuff online I've never had anything missing from a box.

At the end of the day I would hope they would give you the benefit of doubt and credit you or resend - I don't imagine the memory was too expensive?

Jim02

Ebuyer have eventually agreed to refund/resend, which is a relief. I can understand why they had their doubts, but to me the very improbability of my claim is what gives it credibility. Why would I claim something so unlikely if it weren't true? Maybe it's just me😁. Plus I really don't need to pull a fast one over £50. Although of course they don't know that.

I think the constant reminders that I had a witness probably had some bearing. Anyway, all's well that ends well. Thanks for all the good advice!

Valli

That's great - far less hassle than filing a Small Claim. And thanks for the update.