Seller rights with eBay refunding

angeljay

I sold a mobile phone on eBay, posted this to the buyer with a Royal Mail tracking number, after a few days Royal Mail tracking stated that the item was still at the post office, further days went on and tracking remained the same and the buyer put a complaint through eBay. I waited 15 days and spoke to Royal Mail and they said it looks like the item has been lost and we should issue a claim through Royal Mail. This was on the 6th July, I apologised to the buyer and refunded him for the item.

Now Royal Mail have looked into this and it’s shows on the 12th July this item was collected from the local post office to the buyer and signed for by the buyer.

The buyer refuses to admit he has the item and says that someone else must have signed for it, as he does not have it, however I explained you need ID to collect a item, but he denys he has the item.

I have rung eBay who have said they never refunded the buyer, I did this volunterally myself after Royal Mail stated the item was lost, but eBay show on my account that the item has been refunded and I have received my final value fee credit.

eBay are unwilling to help me further, so as it looks now I have refunded the item and he has collected this on the 12th July and I am out of pocket.

Do I have any rights, as eBay do not seem willing to help where do I go now?

Thank you

pinkshoes

If eBay are unwilling to help, then the next step is sending a letter before action to the buyer stating that Royal Mail tracking states they have now collected it, so they have 14 days to pay £X otherwise you will take them to court for the amount owed where they will also be liable for court fees.

Ms_Chocaholic

Does the sorting office have CCTV?

waamo

Ms_Chocaholic wrote: »

Does the sorting office have CCTV?

I doubt that would help due to data protection issues. Send an LBA and if the person doesn't pay issue court proceedings.

angeljay

Thanks for the advice, I am not a actual business just a general seller so don!!!8217;t know if I am able to send a LBA? I have rung eBay again and spoken to someone less patronising who said I need to issue and invoice through PayPal and if no response after 5 days I need to contact the police.

waamo

angeljay wrote: »

Thanks for the advice, I am not a actual business just a general seller so don!!!8217;t know if I am able to send a LBA? I have rung eBay again and spoken to someone less patronising who said I need to issue and invoice through PayPal and if no response after 5 days I need to contact the police.

An LBA is a Letter Before Action. It has nothing to do with being a business.

Before you can issue court proceedings you have to warn the person and give them an opportunity to pay so as to avoid court and the associated costs. Usually 14 days to pay are given.

Send a letter and use 1st class post. Get free proof of posting from a post office. 1st class post is assumed delivered unless the recipient can prove it wasn't. Merely saying "never got it guv" won't cut it.

hollydays

I sometimes pick up items from my Royal Mail collection office( no signature required) and I rarely get asked for I/d. Just to possibly muddy the waters.

Gavin83

Send a LBA via recorded delivery, if you don't get a response after 14 days start court proceedings against the buyer.

hollydays

Gavin83 wrote: »

Send a LBA via recorded delivery, if you don't get a response after 14 days start court proceedings against the buyer.

Isn't proof of postage enough?

waamo

Gavin83 wrote: »

Send a LBA via recorded delivery, if you don't get a response after 14 days start court proceedings against the buyer.

Don't use signed for delivery. There is a danger they don't sign. 1st class creates a reverse burden of proof.

Gavin83

waamo wrote: »

Don't use signed for delivery. There is a danger they don't sign. 1st class creates a reverse burden of proof.

I didn't agree with you last time we had this debate on here and I don't agree with you now. I've seen several people on here who have had to return to court after receiving the verdict because the defendant claimed they didn't receive the correspondence. Someone can't prove they didn't receive something, asking them to do so is rediculous and the court will delay the case if you have no proof. It's why a number of court papers are served in person.

Ultimately it's up to the OP what they wish to do, they've got two opinions here.