eBay's crooked policy but Small Claims Court?

RFW

The buyer/ME! (dadaoriley)

merseymale wrote: »

If by post 11 you mean yours then I think I just have with my last post to another but if you mean RFW's then I honestly assumed that if one won in Small Claims then you would not be worse off. Which is why there are forums such as this; to educate.

You should be better off if you win, that's quite a big if. I was pointing out that you had said you couldn't afford to lose £5 because of circumstances. If you went to court you would be laying out more in fees, money that you may not see again, but if you did win then it would still be a few months down the line. If you couldn't afford to lose £5 then I would wonder how you could afford to have money tied up in court fees.

There is always the possibility that a judge would dismiss a case for £5 for wasting his/her time. Several other possibilities include awarding you the £5 and not costs, so you'd be considerably out of pocket.

No one goes to court for a fiver, well they might occasionally but they'll be idiots.

theonlywayisup

The buyer/ME! (dadaoriley)

My tracking question wasn't a moot point. It may be the tracking number was checked by CS and is showing as 'delivered' (albeit back to the sender) this would explain the version of events as you have given.

merseymale

theonlywayisup wrote: »

My tracking question wasn't a moot point. It may be the tracking number was checked by CS and is showing as 'delivered' (albeit back to the sender) this would explain the version of events as you have given.

I see. Yep good point not moot point but eBay is adamant that it was never delivered to me and so is the seller. eBay has made it perfectly clear that they are finding against me for one reason only & that is because they are bound by their policy.

I admit I am annoyed by the seller promising then keeping but it is only a small amount so all this is really about improving eBay 'cos I know they did not always have this policy. Or @ least seem to.

it seems that I AM in the wrong with railing against this policy as everyone, here, seems happy with it. So I can only advise others 3 things when buying from ebayers you've not had good experience with before:

1)don't agree to local collection or personal delivery.
2)pay extra signed delivery or similar & be sure to be alert & at home!
3)be extra wary of expensive items (can't see how buying something like a car could ever be safe now!)

Please, everyone, be kind to the next poster on this forum who comes a-cropper of the return-to-sender Loop Hole if they have lost a lot of cash and a Genuine THANK YOU to all who have replied to my Original Post & especially to those who have voted. I've learned much.

merseymale

P.S: by eBay being adamant about delivery I mean, of course, adamant that I have not RECEIVED the item. They certainly believe Royal Mail trying to deliver; failing & then returning.

Apologies for ANY confusion.

theonlywayisup

The buyer/ME! (dadaoriley)

merseymale wrote: »

I see. Yep good point not moot point but eBay is adamant that it was never delivered to me and so is the seller. eBay has made it perfectly clear that they are finding against me for one reason only & that is because they are bound by their policy.

I suspect a lot may have been lost in both your explanation and the CS rep and their understanding. They are in Manila and best suited to simple, clear explanations. Yours has been neither.

merseymale wrote: »

it seems that I AM in the wrong with railing against this policy as everyone, here, seems happy with it. So I can only advise others 3 things when buying from ebayers you've not had good experience with before:

1)don't agree to local collection or personal delivery.
2)pay extra signed delivery or similar & be sure to be alert & at home!
3)be extra wary of expensive items (can't see how buying something like a car could ever be safe now!)

There is no RTS policy. I still suspect we don't have all the information here to advise you!

1. Why ever not and how is this relevant to your case?
2. No need, tracking is for the sellers benefit. Always.
3. Cars are exempt normal protection rules.

merseymale wrote: »

Please, everyone, be kind to the next poster on this forum who comes a-cropper of the return-to-sender Loop Hole if they have lost a lot of cash and a Genuine THANK YOU to all who have replied to my Original Post & especially to those who have voted. I've learned much.

Has anyone been unkind to you?

No loop hole - unless you are referring to holes in the story you've given?

merseymale

Has anyone been unkind to me? Well I've been called "a bit of a nightmare" amongst other things on this forum not to mention you posting such comments as "No loop hole - unless you are referring to holes in the story you've given?" & "I suspect a lot may have been lost in both your explanation and the CS rep and their understanding. They are in Manila and best suited to simple, clear explanations.!Yours has been neither."!& "we don't have all the information..."

Now this is jut plain unfair!!

Among eBay staff I spoke to as many sounded to me at least as hailing from Northern Ireland as anywhere else! Whatever difference someones nationality makes!

I!have given -even repeated- information AND explained where to find my post on ebay's forum that was updated whilst my complaint about eBay was ongoing. I'd put a link to ebay's forum if this forum would let me but I have more than once given details on how to access it. It has run to 2 pages like these posts but I suppose that's still not enough info for some, it seems ;-)

"There is no RTS policy"
You mean Return To Sender policy? If so then you are either saying I am lying or eBay is. ! !Lovely! :-(

Me:!1)don't agree to local collection or personal delivery.
You: 1. Why ever not and how is this relevant to your case?
Me: when did I say it was relevent to what happened to me? I am suggesting!a way to shield others in future as ebay's confirmed policy shows that notions of delivery, receipt & return are easily twisted. This is the whole crux of my post!

Me:!2)pay extra signed delivery or similar & be sure to be alert & at home!
You:2. No need, tracking is for the sellers benefit. Always.
Me: you are completely missing the point again. Remember what I have explained re: delivery, receipt & return?

Me:3)be extra wary of expensive items (can't see how buying something like a car could ever be safe now!)
You:3. Cars are exempt normal protection rules.
Me: really? Good Grief! Why can't ALL ebayers enjoy protection whatever the item? I'm beginning to really despair of eBay if this is true :-/

I have learned 2 very important things from this forum.

1) winning Small Claims could still mean losing financially
2) even less cover from eBay when buying cars.

What this cost me was losing little bit of time and suffering a little bit rudeness. This is a public forum & I accept all these. Feel free to heap insults & info, all of you but I will only reply to useful & genuine questions (don't worry those of you so inclined can still ask these rudely!)!

Again thank you ALL for your time. I know how valuable it is. !P E A C E.