Bought from EBay - Complicated matter

marklord

Hi,
I purchased an Embroidery Machine from eBay 4 weeks ago. I dont Have Paypal so paid the seller via Bank Transfer and she posted it to me.
She used a parcel company My Parcel Delivery who used City Link to send the item.
When delivered i was not in and there was a while you were out card left. I called them to rearrange, and they informed me the parcel was delivered and i had signed for it in my name.

I went through it all with them stating i did not have it, they contacted the driver and he stated he left it in a location he did not want to disclose. He said he would come round to my home that night to show me where the parcel was. Well, he never turned up, called city link again, they now say he left it in my porch and he signed it himself as he left it safe.
I dont have a porch, so he did not leave it in my porch.
After a week of constant calling and being fobbed of, they now say it has gone missing and is a lost item. I need to contact the seller and get them to claim for the missing parcel.

I have contacted the seller, she has informed me that the company will not issue a claim as it is showing as delivered and signed for on the city link website, even though City Link has admitted it missing and say all the notes are on the system for this.

The seller has spoken to eBay and the parcel company and says they have both told her that she has fulfilled her obligation, and she wants no more to do with it and will no longer answer any of my emails.

I have spoken to eBay and they say I cannot do anything as i did not pay with PayPal.

Is this it then, have i lost £600???

There must be something i can do???

Any help will be most appreciated

Thank You,
Mark

ljonski

You may have to go to a small claims court?

OlliesDad

marklord wrote: »

Hi,
I purchased an Embroidery Machine from eBay 4 weeks ago. I dont Have Paypal so paid the seller via Bank Transfer and she posted it to me.
She used a parcel company My Parcel Delivery who used City Link to send the item.
When delivered i was not in and there was a while you were out card left. I called them to rearrange, and they informed me the parcel was delivered and i had signed for it in my name.

I went through it all with them stating i did not have it, they contacted the driver and he stated he left it in a location he did not want to disclose. He said he would come round to my home that night to show me where the parcel was. Well, he never turned up, called city link again, they now say he left it in my porch and he signed it himself as he left it safe.
I dont have a porch, so he did not leave it in my porch.
After a week of constant calling and being fobbed of, they now say it has gone missing and is a lost item. I need to contact the seller and get them to claim for the missing parcel.

I have contacted the seller, she has informed me that the company will not issue a claim as it is showing as delivered and signed for on the city link website, even though City Link has admitted it missing and say all the notes are on the system for this.

The seller has spoken to eBay and the parcel company and says they have both told her that she has fulfilled her obligation, and she wants no more to do with it and will no longer answer any of my emails.

I have spoken to eBay and they say I cannot do anything as i did not pay with PayPal.

Is this it then, have i lost £600???

There must be something i can do???

Any help will be most appreciated

Thank You,
Mark

Even if you paid by Paypal you would still be in the same situation as they will be satisfied by the signature.

Do you have an address for the seller? If so, write a letter to them recorded delivery headed "letter before action" giving them 14 days to provide a refund otherwise you will initiate a claim through the courts. If they do not respond or do not refund, file a claim on https://www.moneyclaim.gov.uk

bod1467

... wherein the cost of bringing the court action will also be added to the claim. (Filing fee, hearing fee, reasonable expenses for postage, attending the hearing, etc.) So the claim will likely total nearer £750 than £600.

harrys_dad

Your contract is with the seller, they have the contract with the delivery company. So you need to pursue the seller as described above and they will have to pursue the delivery company.

marklord

Hi, I have had a response from the seller, they inform me the parcel was not insured so cannot make a claim, they say they can claim back the postage cost only, which they will forward to me when they receive it, but they cannot do anything more.

So it looks like i will have to go down the court route.

Surely if they did not take out insurance then the blame lies with them, not me.

Thank you for the answers so far.

OlliesDad

marklord wrote: »

Hi, I have had a response from the seller, they inform me the parcel was not insured so cannot make a claim, they say they can claim back the postage cost only, which they will forward to me when they receive it, but they cannot do anything more.

So it looks like i will have to go down the court route.

Surely if they did not take out insurance then the blame lies with them, not me.

Thank you for the answers so far.

You are right, they should take out insurance to protect themselves, not to protect you. They are responsible for the goods until they are delivered.

peachyprice

What kind of crazy person send a £600 item uninsured?

I just went through the Myparcel booking process, the seller was given the opportunity to increase the insurance cover and it was made very clear that of they didn't pay extra only £20 would be covered, they made a concious decision not to increase the cover, the onus on them is to reimburse you, they are the ones who can then take CityLink to court for losing their parcel.

Country_Cousin

Just out of interest - surely by leaving the parcel in the porch and the driving signing for it - the delivery company have been negligent which would over-ride the extra insurance issue? However unfortunately the seller does not seem to be very co-operative in taking this forward - probably because they have their money and so are not out of pocket in any way. Probably believe that by burying their head in the sand this will go away. For £600 no one could afford to just let it go.

societys_child

surely by leaving the parcel in the porch

Op says they don't have a porch . . .

peachyprice

societys_child wrote: »

Op says they don't have a porch . . .

Hopefully OP has kept details of all these [STRIKE]lies[/STRIKE] converations with City Link