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parcel never delivered

My wife bought someone selling something off facebook. She paid via paypal (didnt use friends and family).

We never recieved the item.

The seller said the courier delivered it.

My wife put a claim in via paypal who sided with the seller as the courier claimed it has been delivered (No signature wad given).

On speaking to the courier there system said it was "LAI" - left as instructed. So basically they claim to have left it outside the house but there is no proof.

What can we do?

Im baffled that there is no proof of delivery yet paypal have taken the sellers side.

When we post things we always ask for signatures as proof.

Thank you
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Comments

  • deaston
    deaston Posts: 477 Forumite
    PayPal probably only care about the proof of postage (usually a tracking number). Maybe ask the seller for a copy of their proof of postage, and then take-up with the courier?
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    deaston wrote: »
    PayPal probably only care about the proof of postage (usually a tracking number). Maybe ask the seller for a copy of their proof of postage, and then take-up with the courier?

    The courier will quite likely (and quite rightly) refuse to deal with the OP as they have never had a contract with them. The OP needs to take it up with the seller - the couriers are the seller's agents.
  • m0bov
    m0bov Posts: 2,775 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Send a Letter Before Action, the seller should claim on insurance, if its a courier it should be covered.
  • deaston
    deaston Posts: 477 Forumite
    vuvuzela wrote: »
    The courier will quite likely (and quite rightly) refuse to deal with the OP as they have never had a contract with them. The OP needs to take it up with the seller - the couriers are the seller's agents.

    Good point. In that case, I don't know what you could do. But the one time I had a run-in with PayPal, their only answer was "We have a proof of posting, end of story". In the end I was £450 out of pocket, had a TV stolen off me and have never used PayPal since.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Have a read of the Ebay board, they have lots of experience of PayPal disputes and you'll probably find a similar thread.

    (I know you didn't buy through eBay but the same principles apply.)
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    First option should always be PayPal. If that fails do as you would for any regular business transaction, a letter before action and if nothing happens within 14 days file a county court claim against them. Either way you should be getting your money back.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Chris_P wrote: »
    My wife bought someone selling something off facebook. She paid via paypal (didnt use friends and family).

    We never recieved the item.

    The seller said the courier delivered it.

    My wife put a claim in via paypal who sided with the seller as the courier claimed it has been delivered (No signature wad given).

    On speaking to the courier there system said it was "LAI" - left as instructed. So basically they claim to have left it outside the house but there is no proof.

    What can we do?

    Im baffled that there is no proof of delivery yet paypal have taken the sellers side.

    When we post things we always ask for signatures as proof.

    Thank you

    Did you instruct them to leave it outside the house? Or was it the retailer?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Too late now but never use PayPal if it can be avoided - they offer almost no consumer protection and they're difficult to contact and deal with. They probably won't help you.

    I suspect a letter threatening court action is the only option
  • Chris_P_2
    Chris_P_2 Posts: 194 Forumite
    The seller instructed the courier to leave it. We didn't. And yes the courier won't deal with us.

    I can't believe PayPal. Any suggestions on other paying methods?

    Small claims court seems excessive and expensive for £50
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Chris_P wrote: »
    The seller instructed the courier to leave it. We didn't. And yes the courier won't deal with us.

    I can't believe PayPal. Any suggestions on other paying methods?

    Small claims court seems excessive and expensive for £50

    I believe another poster had similar trouble recently and i think it was resolved by calling paypal. Try pointing out to them that their pod (proof of delivery) proves it wasn't delivered to your address.

    Court action may be disproportionate, but sending a letter before action won't cost much :) (try paypal first though and see what they say - even read their T&C's to see if it says what is appropriate pod)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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