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Bought from EBay - Complicated matter

13

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    lovinituk wrote: »
    The seller wouldn't automatically lose against the courier.
    OP is not the seller but is the buyer.
    lovinituk wrote: »
    You don't need a contract to be able to take them to court.
    True, but it helps.
    lovinituk wrote: »
    If you can prove a loss due to their negligence then of course you have a chance.
    OP has a much better chance of success against the seller than against the courier.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    bod1467 wrote: »
    OP is not the seller but is the buyer.
    Whoops, my mistake - I'll edit it to correct it.
    bod1467 wrote: »
    True, but it helps.
    It helps for the buyer to have some evidence against the seller. Which is what in this case, other than their say so?
    bod1467 wrote: »
    OP has a much better chance of success against the seller than against the courier.
    Agree to disagree I guess ;)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    lovinituk wrote: »
    It helps for the buyer to have some evidence against the seller. Which is what in this case, other than their say so?

    Their say-so; the signature on the POD not matching anyone resident at that property; evidence that the goods were left in the porch, when the OP doesn't even have a porch.

    Need I go on?

    Remember that small claims are decided on the balance of probabilities, not beyond reasonable doubt.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    edited 5 June 2014 at 2:53PM
    bod1467 wrote: »
    Their say-so; the signature on the POD not matching anyone resident at that property; evidence that the goods were left in the porch, when the OP doesn't even have a porch.

    Need I go on?

    Remember that small claims are decided on the balance of probabilities, not beyond reasonable doubt.
    Its not hard to sign whatever you want when signing for a delivery though is it. I doubt the driver signed his real name, its probably a scribble.

    Only the court can decide ;)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    lovinituk wrote: »
    Only the court can decide ;)

    Indeed. But OP would have a much greater chance of success against the seller than against the courier. SCC can always be a bit of a lottery though.

    Just a thought ... was this a purchase from a business seller or a private sale?
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    bod1467 wrote: »
    Indeed. But OP would have a much greater chance of success against the seller than against the courier. SCC can always be a bit of a lottery though.
    I don't think it even needs to go that far. The courier know they are in the wrong and a LBA would probably be enough to prompt them to pay up. No harm or cost in trying either - the OP wouldn't have to follow it up with the courts. In fact why not send a LBA to the seller and the courier and see who cracks first!
  • ljonski
    ljonski Posts: 3,337 Forumite
    The simple fact is , is that the OP paied the seller £600 and not received the goods. Therefore the seller needs to refund to OP and then if they want, try and claw it back from the 3rd party.
    Even if the courier did leave a package at the correct address- What prove is there that it really did contain the goods? -none! Forget the courier and go straight to the seller!
    "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 2017
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lovinituk wrote: »
    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.

    Not when OP has been told by City Link that their courier left it outside.

    Op can't go after the courier, they have no contract with the.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    'left in porch'
    they have a 'signature'

    kinda contradicts one another hey.
  • marklord
    marklord Posts: 3 Newbie
    HI, The Driver signed with a squiggle, i have seen the proof of delivery. Then entered our last name on the POD machine.
    We live on a green which is communal, there is no porch or front garden, just a front door on a green.
    They are only supposed to leave items safe if given instructions by the sender which they did'nt.

    I spoke to city Link today to see if they would issue me a letter stating the item was not delivered and is indeed lost, the have said they will have to get back to me on this one. And apparently the driver in question is no longer in their employ.

    It is all going round in circles and getting no where.

    It seems i am going to have to take the seller to small claims court, the she can claim back from whomever she thinks is responsible.

    Thank You for all of your answers so far.
    Mark.
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