purchase - lost in transit

dldbsl

Hi there -

Background - bought a car from a dealer in September 2018 and as is usual these days came but puncture repair kit. I decided I wanted a space wheel and made usual searches on ebay and scrapyards.

Its a Peugeot xxx so went on their forum and asked if one was for sale.

A member contacted me and we spoke at length on the phone and I agreed to buy for £xxx which included delivery to me by courier, I paid by bank transfer and we exchanged details.

That evening he forwarded me an email he got from Parcels2Go stating wheel was being collected from him by Yodel on 17/9/18 and delivery to me on 20/9/18 - I also got a tracking number.

No problems with seller - he arranged delivery to me through a broker P2G and delivery by Yodel.

The wheel was collected by Yodel and was immediately lost by them in transit. Both P2G an Yodel helpful to me initially but when it became clear there was an issue they declined to deal with me as I did not have a contract with them. I was advised to contact the seller to report the non delivery and for seller to raise lost parcel complaint with them.

I have been in touch with the seller quite a few times for an update. He did raise complaint for lost parcel with P2G and did report to police but was informed it was a civil matter.

Contacted seller 2 days ago and says P2G have not been in touch and he can do nothing further and was sorry I had lost my money / wheel.

The seller has been paid and has no incentive to take this further as a small claim with P2G. If I had bought on ebay etc and the wheel had not been received then I would be contacting the seller for a refund or replacement.

Does this private seller not have the same responcibility to me?
Could anyone advise what rights I have please as I was thinking of a claim in the small claims court?

neilmcl

Yes the seller has a responsibility to you. He's failed to deliver (via the agents he's appointed) the goods to you therefore he must give you a refund. The problem is his not yours.

soolin

neilmcl wrote: »

Yes the seller has a responsibility to you. He's failed to deliver (via the agents he's appointed) the goods to you therefore he must give you a refund. The problem is his not yours.

Whilst the problem may be the seller's , OP paid by bank transfer so if seller is un cooperative it's going to be very difficult to do anything.

OP do you have an actual physical geographic address for the seller in case you need to go to small claims?

dldbsl

soolin wrote: »

Whilst the problem may be the seller's , OP paid by bank transfer so if seller is un cooperative it's going to be very difficult to do anything.

OP do you have an actual physical geographic address for the seller in case you need to go to small claims?

Hi Soolin - I have his name / address in York (I live in Bolton). We spoke at length by phone and hsave corresponded by email. I have his account details as payment made to him by bank transfer.

Of course I could have been given false name / address but he told me he works for York police in Forensics so had no reason to suspect any issue.

Seller not so unco-operative just washing his hands now he has had his money hence no incentive to pursue P2G for the loss.

I will write to seller but is there any specific text I should use?
In my last email when he said he could not do anything more I suggested we had a contract and it was unfulfilled and suggested a refund / replacement which he should consider.

I think its simpler for me to pursue seller than for seller to pursue P2G.

dldbsl

soolin wrote: »

Whilst the problem may be the seller's , OP paid by bank transfer so if seller is un cooperative it's going to be very difficult to do anything.

OP do you have an actual physical geographic address for the seller in case you need to go to small claims?

Hi Soolin - I have his name / address in York (I live in Bolton). We spoke at length by phone and hsave corresponded by email. I have his account details as payment made to him by bank transfer.

Of course I could have been given false name / address but he told me he works for York police in Forensics so had no reason to suspect any issue.

Seller not so unco-operative just washing his hands now he has had his money hence no incentive to pursue P2G for the loss.

I will write to seller but is there any specific text I should use?
In my last email when he said he could not do anything more I suggested we had a contract and it was unfulfilled and suggested a refund / replacement which he should consider.

I think its simpler for me to pursue seller than for seller to pursue P2G.

neilmcl

dldbsl wrote: »

Hi Soolin - I have his name / address in York (I live in Bolton). We spoke at length by phone and hsave corresponded by email. I have his account details as payment made to him by bank transfer.

Of course I could have been given false name / address but he told me he works for York police in Forensics so had no reason to suspect any issue.

Seller not so unco-operative just washing his hands now he has had his money hence no incentive to pursue P2G for the loss.

I will write to seller but is there any specific text I should use?
In my last email when he said he could not do anything more I suggested we had a contract and it was unfulfilled and suggested a refund / replacement which he should consider.

I think its simpler for me to pursue seller than for seller to pursue P2G.

I think you need to speak to the seller and explain that it his he that has breached the contract with you and therefore legally should refund you. If he's an active member of the owner's forum then I'd also post that you should be getting a refund in that too, it may concentrate his mind a bit.

Ultimately if he doesn't play ball then you need to send him an LBA (Letter Before Action) giving him a set period to refund you followed by a money claim online.

soolin

dldbsl wrote: »

Hi Soolin - I have his name / address in York (I live in Bolton). We spoke at length by phone and hsave corresponded by email. I have his account details as payment made to him by bank transfer.

Of course I could have been given false name / address but he told me he works for York police in Forensics so had no reason to suspect any issue.

Seller not so unco-operative just washing his hands now he has had his money hence no incentive to pursue P2G for the loss.

I will write to seller but is there any specific text I should use?
In my last email when he said he could not do anything more I suggested we had a contract and it was unfulfilled and suggested a refund / replacement which he should consider.

I think its simpler for me to pursue seller than for seller to pursue P2G.

You need to make sure the name and address is correct as without that being accurate nothing else matters, try doing searches online as it simoften possible to find out quite a bit bayous addresses and people if you look.

Then email again saying that whilst you are sorry for his predicament, you paid for an item that you do not have and expect a refund in full, it was his choice to use the courier he did and up to him to chase his losses. If that doesn't work google letter before action that needs to be posted to his home address , and after that its small claims.

In future though bank transfers are something to avoid unless you know the person or have a plan B to recover the money.

Lastly , contact the admin of the site you bought on and let them know you have an issue. Most sites where sales are allowed do warn against bank transfers when dealing with strangers so be prepared for a snotty response, but I think it worth flagging an issue with them in case the person is already known to them. There have been instances on other sites where admin have actually let a regular know that their treatment of a sales partner is not acceptable, which has been enough to help a difficult situation.

dldbsl

Thank you all very much for the practical advice.....

To be fair the seller only became unstuck because Yodel let us down. There is lots on the net about problems with them and also P2G which is a broker - with P2G there is no one to go and talk to or phone when there are issues - but that is another subject altogether......

Crazybunnehlady

I have messaged you op with a hunch who this guy is!!

dldbsl

he is a member of the xxxxxxx owners forum by the way!
What should I say to the admin or should I send to the member himself?

thanks

neilmcl

dldbsl wrote: »

Thank you all very much for the practical advice.....

To be fair the seller only became unstuck because Yodel let us down. There is lots on the net about problems with them and also P2G which is a broker - with P2G there is no one to go and talk to or phone when there are issues - but that is another subject altogether......

There's no "us" about it, they let him down plain and simple. I'm sure he's a nice guy and you have every sympathy with him and all that but that doesn't help you get your money back.

As mentioned you need to get back to him and explain, politely but firm, that he has breached the contract and you are legally entitled to a refund. If he's an active member on the owner's forum then it may be worth posting on there too.