Ebay - empty package received from seller

Lisa_Nolan

I recently received an empty package from an ebay seller - the contents (worth about £10 inc their hefty postage charge) were completely missing. It looked to me like either then end of the envelope had been sliced off, or it was never sealed in the first place. There weren't any Royal Mail stickers on the packaging to say it was damaged, and it was sent by standard post, not recorded / special delivery.

I contacted the seller and explained the situation. He asked me to return the packaging which I did (at my own cost) and then he proceeded to tell me he was following it up with Royal Mail (who could offer no explanation/compensation) and then with Ebay who, it seems, according to him, took ages to respond (this has not been my experience when dealing with ebay customer services).

I've constantly had to contact him and chase up what's happening - he's told me on a number of occasions he's been away and is still 'looking into it'. It was my understanding the seller had a responsibility to get the item to the buyer, not just an empty package. I've been fobbed off so many times I've now gone over the 30 day deadline to raise a claim with ebay (forgetting this had changed from 45 days). I have, however, opened a case through PayPal.

The seller has now said he's been advised by ebay to negotiate an amicable agreement and has offered a 50% refund. I'm reluctant to accept (he's provided no evidence this was ebay's advice) as I fail to see why I should lose out financially for goods I didn't receive. Where do I stand on this? Any suggestions...?

theonlywayisup

Lisa_Nolan wrote: »

I recently received an empty package from an ebay seller - the contents (worth about £10 inc their hefty postage charge) were completely missing. It looked to me like either then end of the envelope had been sliced off, or it was never sealed in the first place. There weren't any Royal Mail stickers on the packaging to say it was damaged, and it was sent by standard post, not recorded / special delivery.

I contacted the seller and explained the situation. He asked me to return the packaging which I did (at my own cost) and then he proceeded to tell me he was following it up with Royal Mail (who could offer no explanation/compensation) and then with Ebay who, it seems, according to him, took ages to respond (this has not been my experience when dealing with ebay customer services).

I've constantly had to contact him and chase up what's happening - he's told me on a number of occasions he's been away and is still 'looking into it'. It was my understanding the seller had a responsibility to get the item to the buyer, not just an empty package. I've been fobbed off so many times I've now gone over the 30 day deadline to raise a claim with ebay (forgetting this had changed from 45 days). I have, however, opened a case through PayPal.

The seller has now said he's been advised by ebay to negotiate an amicable agreement and has offered a 50% refund. I'm reluctant to accept (he's provided no evidence this was ebay's advice) as I fail to see why I should lose out financially for goods I didn't receive. Where do I stand on this? Any suggestions...?

As you have opened a case you are reliant on proving the return (if you filed SNAD) via online tracking.

If you have tracking show attempted delivery or delivery then upload it and wait for the refund.

If you filed a case of INR, the seller has to show tracking to you.

Which is it?

Lisa_Nolan

Sorry, but you've completely lost me. (What's SNAD?)

I received an empty package with no contents. This packaging I sent back to the seller as he requested - I didn't get proof of this, it was an empty envelope.

What's INR? The seller didn't track the parcel that was originally sent to me - I'm not disputing that I didn't receive it... just that there were no contents. Effectively I paid £10+ to have an empty package sent to me.

spacey2012

You had to go to E_bay open a dispute SNAD significantly not as described
follow the very strict instructions to return via tracked mail, enter the tracking number, once it gets delivered back you get a refund.
Unless you did this, you have lost everything.

theonlywayisup

Lisa_Nolan wrote: »

Sorry, but you've completely lost me. (What's SNAD?)

I received an empty package with no contents. This packaging I sent back to the seller as he requested - I didn't get proof of this, it was an empty envelope.

What's INR? The seller didn't track the parcel that was originally sent to me - I'm not disputing that I didn't receive it... just that there were no contents. Effectively I paid £10+ to have an empty package sent to me.

So, you opened a case for SNAD (Significantly Not As Described)? The ONLY way to win this in Paypal is to send back what you did receive, at YOUR cost, via an online trackable means, to the seller.

Are you sure this is the case you opened? If you opened INR by mistake (Item Not Received) this is easier for you in this situation.

GabbaGabbaHey

SNAD = Significantly Not As Described
INR = Item Not Received

These are the 2 different types of claim which a Buyer can raise.

As you did receive a package (albeit with no contents) then an SNAD claim is appropriate here.

Lisa_Nolan

As I said in my original post I didn't raise a claim through ebay as the seller fobbed me off with his 'I'm looking into it' excuses for over 30 days.

I have opened a Paypal dispute as SNAD (thanks to those who clarified the acronyms) as I DID receive the packaging. I sent the packaging promptly back to the seller as he requested (as my own cost) - he seemed genuinely contrite and keen to help initially - and NO I didn't track that returned packaging... I had no idea it was necessary.

So it seems all is lost because this wasn't tracked? I do have an email from the seller where he confirms he received the packaging I returned to him and that he discussed it with Royal Mail. He also said in the email he'd sent a photo of the opened packaging to ebay for advice - does this help my claim?

theonlywayisup

Lisa_Nolan wrote: »

As I said in my original post I didn't raise a claim through ebay as the seller fobbed me off with his 'I'm looking into it' excuses for over 30 days.

I have opened a Paypal dispute as SNAD (thanks to those who clarified the acronyms) as I DID receive the packaging. I sent the packaging promptly back to the seller as he requested (as my own cost) - he seemed genuinely contrite and keen to help initially - and NO I didn't track that returned packaging... I had no idea it was necessary.

So it seems all is lost because this wasn't tracked? I do have an email from the seller where he confirms he received the packaging I returned to him and that he discussed it with Royal Mail. He also said in the email he'd sent a photo of the opened packaging to ebay for advice - does this help my claim?

For purposes of the 'case' you won't win unless you give tracking. So you are between a rock and a hard place.

Tracking - money back.
No tracking - no money back.
Seller offers 50% voluntarily.

They are your options*, without legal recourse, assuming the seller is in the UK and a business.

*unless you have a certificate of posting and believe the item hasn't reached the return destination.

silvercar

Is there an obligation to use the same packaging to return a package as the seller used to send it?

I doubt it. Given he sent you "air" and this was SNAD according to your dispute, I would be tempted to send back "air" tracked using signed for second class delivery (the cheapest option).

theonlywayisup

silvercar wrote: »

Is there an obligation to use the same packaging to return a package as the seller used to send it?

I doubt it. Given he sent you "air" and this was SNAD according to your dispute, I would be tempted to send back "air" tracked using signed for second class delivery (the cheapest option).

The op has already sent back the package.

And, no, for Paypal or Ebay purposes there is no requirement other than tracking.

Mandy44

Take his 50% offer and move on, its only a fiver. If he wanted to scam you he'd offer nothing as you've missed deadlines and not sent tracked etc