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Bought from EBay - Complicated matter
Comments
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Country_Cousin wrote: »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.
Complicated but possibly, possibly not. But it is the seller whom contracted the courier so between the courier and the seller not op the buyer and the courier or seller0 -
Look at it from the sellers point of view - it is showing as confirmed delivered so the seller might think you are trying it on. I don't for one minute believe that you are trying it on but if you take the seller to small claims court there is a good chance they would win as they have 'proof' that it has been 'delivered'.
I think you need to go after the courier.0 -
....I think you need to go after the courier.
The OP has no contract with the courier. The courier was acting as an agent of the seller, and the seller is liable for said agent's failings.
OP needs to 'go after' the seller.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.....
A repayment of the postage cost by the seller might well be considered an admission of liability by a court. Particularly if accompanied by the explanation that they "cannot do anything more" because they had neglected to take out insurance.0 -
That's fine if he wants to do that, its not my risk. But when the evidence is presented and the seller shows confirmed proof of delivery and all the buyer says 'it didn't arrive' without any proof other than their say so, what do you think a judge will say?The OP has no contract with the courier. The courier was acting as an agent of the seller, and the seller is liable for said agent's failings.
OP needs to 'go after' the seller.
It could be a wasted and costly delay when they could have just gone after the courier in the first place.
As far as the seller is concerned the contract has been satisfied and has the proof to back it up. What proof does the buyer have that the contract has not been satisfied?
As I said, not my risk, but that seems like the sensible option to me.0 -
Surely any court, when it hears about what City link have allegedly said ie re porch and driver , it will become apparent who is telling porkies here?"if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then it’s the state that’s become extreme".Revd Dr Giles Fraser on Radio 4 20170
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Exactly - so go after them! I would imagine as they already know that they are guilty, a Letter Before Action would be enough to prompt them to pay up anyway.Surely any court, when it hears about what City link have allegedly said ie re porch and driver , it will become apparent who is telling porkies here?0 -
Exactly - so go after them! I would imagine as they already know that they are guilty, a Letter Before Action would be enough to prompt them to pay up anyway.
But the OP would definitely lose any action against the courier - there is no contractual link between the OP to the courier. It is up to the OP to chase the seller, then the seller to chase the courier.
The fact that CityLink claim that they left it in the porch, and the signature will not match anybody in the household, on the balance of probabilities I am sure the OP will win a claim against the seller.0 -
The OP wouldn't automatically lose against the courier. You don't need a contract to be able to take them to court. If you can prove a loss due to their negligence then of course you have a chance.
Its up to the OP what they want to do at the end of the day.
As I said its not my risk so it doesn't really bother me. Just throwing another option in to the ring. Of course we all think we know best but unless a judge can give a definitive answer here then its all just supposition really!0 -
The seller wouldn't automatically lose against the courier. You don't need a contract to be able to take them to court. If you can prove a loss due to their negligence then of course you have a chance.
But the OP doesn't have a loss at the moment - the seller does. The problem is that the seller does not accept that.
Also, there is an issue that the courier claims the seller misrepresented the value of the goods.0 -
But the OP doesn't have a loss at the moment - the seller does. The problem is that the seller does not accept that.
Also, there is an issue that the courier claims the seller misrepresented the value of the goods.
As I just said....Of course we all think we know best but unless a judge can give a definitive answer here then its all just supposition really!
Its up to the OP to decide what to do.0
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