Seller rights with eBay refunding

waamo

Gavin83 wrote: »

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.

What happens if they don't sign for it? They have evidence they didn't get it. The Interpretations Act is clear. If it was sent 1st class then they have to show they didn't get it.

That isn't impossible to prove either. You can demonstrate, for example, you were out of the country for an extended period. Similarly unopened post is sometimes returned to a sender if someone has genuinely moved away.

The court themselves use 1st class as do the police precisely because of the reverse burden of proof it creates.

Everyone is also entitled to appeal. It doesn't necessarily mean they will be successful.