Item says 'Delivered' when it has not been, where do I stand?

scottc88

Hi,

I ordered a pillow from a seller on eBay. The seller sent the order by MyHermes, about a week later I still hadn't recieved anything so I checked the tracking and it said 'Delivered through letterbox'. I messaged the seller about it and told them that I have not recieved anything and that it was a full sized pillow which wouldn't even fit through a letterbox. All the seller wrote back with was a tracking number and a full stop.

I tried explaining the situation to them again and they just didn't even bother to reply. I live in a small block of flats with a locked front door which is not accessible to the public. There is no gardens or anything, so you can't leave parcels as it's basically public road. The tracking says 'Delivered through letterbox', the item I ordered is a full sized pillow so it's impossible to fit into the tiny little letterboxes outside the main door. I asked the seller to show me a signature and of couse they have not replied, as there is no signature because it was not signed for.

I have since made a case with eBay and they decided in the sellers favor and basically just told me the item was delivered.

So basically I was scammed here and eBay just allowed it. How is saying 'Delivered' on a tracking website proof of delivery when nothing was signed for? Why does eBay allow this.

As the seller is just silent with me, I'm going to take this as far as I can go with it. I want my money back.

Does anyone know where I stand with this and what is the next step to take?

Thanks

powerful_Rogue

scottc88 wrote: »

Hi,

I ordered a pillow from a seller on eBay. The seller sent the order by MyHermes, about a week later I still hadn't recieved anything so I checked the tracking and it said 'Delivered through letterbox'. I messaged the seller about it and told them that I have not recieved anything and that it was a full sized pillow which wouldn't even fit through a letterbox. All the seller wrote back with was a tracking number and a full stop.

I tried explaining the situation to them again and they just didn't even bother to reply. I live in a small block of flats with a locked front door which is not accessible to the public. There is no gardens or anything, so you can't leave parcels as it's basically public road. The tracking says 'Delivered through letterbox', the item I ordered is a full sized pillow so it's impossible to fit into the tiny little letterboxes outside the main door. I asked the seller to show me a signature and of couse they have not replied, as there is no signature because it was not signed for.

I have since made a case with eBay and they decided in the sellers favor and basically just told me the item was delivered.

So basically I was scammed here and eBay just allowed it. How is saying 'Delivered' on a tracking website proof of delivery when nothing was signed for? Why does eBay allow this.

As the seller is just silent with me, I'm going to take this as far as I can go with it. I want my money back.

Does anyone know where I stand with this and what is the next step to take?

Thanks

You would probably be best off posting on the Ebay board for more specific advice.

However, it doesn't look great in your position as the seller has proof via MyHermes that the item was delivered.

Although your contract was with the seller, have you tried contacting MyHermes to see if they have any additional information? However, the might not speak with you as their contract is with the seller.

If you paid via paypal, you also have the option there to open a case. Previously Ebay have found in a sellers favour but paypal found in mine.

scottc88

Thanks for the help, I have opened a separate case with Paypal. I would of thought legally you could only prove something was delivered if you had a signature. Otherwise Royal Mail would do away with the signed for service and just say stuff was delivered.

bris

You weren't scammed, as far as the seller is concerned you got the delivery so it's not the sellers fault, they are only going by what the courier tells them.

scottc88

The tracking says 'Delivered through letterbox' I purchased a pillow which would never even fit through the letterbox. The seller knows this and decided to look the other way instead of dealing with it. The seller decided not to get a signature on delivery. So there is presumption of delivery but no actual proof of delivery.

I ordered something and never received it, the seller refuses to talk to me or fix it, feels pretty much like being scammed to me.

scottc88

According to MyHermes own terms and conditions:

We will have proved that we made a Delivery if we have:
- the Recipient's signature; or
- a neighbour's signature; or
- a drop card if the Parcel has been left in a Safe Place.

I never signed for anything so nothing is proved. I can't talk to MyHermes about it either because it is up to the seller to. The seller just wont even reply to me.

scottc88

There was also no drop card in the letterbox.

This is the reply I got from MyHermes:

Ronak **: Hi, my name is Ronak **. How may I help you?
Scott **: Hi, the tracking on my parcel says Delivered through letterbox. But I have not received it. The parcel was a large pillow which does not fit into a letterbox. There was also no drop card left
Ronak **: I am sorry that you are unable to locate the parcel and also that no calling card was left by the courier.
Ronak **: Let me quickly check the details for you.
Ronak **: Unfortunately as this parcel has been sent via retailer, you will need to contact their Customer Service team. Although it is Hermes delivering the parcel, retailers do not outsource their Customer Service to us. We apologise for any inconvenience caused.
Scott **: who is the retailer?
Ronak **: I am unable to provide name of the retailer.

kingfisherblue

Is it a business seller on eBay, or a private seller? Do they have FB or Twitter? Businesses, especially, won't like you asking how a pillow can be delivered through a letterbox and why they won't take it up with the delivery company - social media might be the way to go.

scottc88

They are a business seller but unfortunately no social media

theonlywayisup

scottc88 wrote: »

They are a business seller but unfortunately no social media

You won't get anywhere with a Paypal dispute, but you might be able to ask your card provider to dispute the transaction via a Paypal chargeback. Even then, it is likely Paypal will cover the seller, but you might be lucky.

Unfortunately these type of incidents do occur and the result is the difference between a good seller and a poor one. A good one will have disputed the delivery with Hermes, who usually pay out in scenarios such as this, allowing the seller to reimburse the buyer.

megaginge

Have you left them negative feedback already?