Ebay purchase lost by Royal Mail

Ballistical

Hi all, I'm hoping someone can help me with this as I'm beginning to lose hope

Approximately 5 weeks ago, I won a camera lens on Ebay. I paid the £410.00 via Paypal and the seller posted the item using Royal Mail recorded delivery.

Several days later I checked the status of this item on Ebay as there was still no sign of it, and it came up as 'Delivered' with the tracking number stated. Upon putting this tracking number into the Royal Mail site, I was simply told it was signed for by someone called 'Taylor'.

Since I know of no neighbours named 'Taylor', I phoned Royal Mail to try and identify who signed for the package. They investigated with my local delivery office, and through GPS tracking they found that the item had been delivered to a nearby road - 'Ferndown Road' in Solihull (around 5 minutes drive from my house). I am at a complete loss as to how this happened given that we have different postcodes etc. but there we go.

Royal Mail then said they would make efforts to retrieve the package but these proved to be unsuccessful. I also tracked down a 'Taylor' on this road using the phonebook. I visited them and politely asked if they'd received a package but this too proved unsuccessful. I'm also inclined to believe them (very old couple who seemed nice but I guess you can never be sure).

Regardless, after several more phone calls Royal Mail have now confirmed their error in writing so I have a letter from them proving I never received the package. They directed me to their loss claims form for compensation. However, in order to qualify for compensation, I must provide proof of postage. Royal Mail will not accept a tracking number as proof of postage. This must be a copy of the postage receipt issued at the Post Office.

Having contacted the seller numerous times now via Ebay, Paypal and directly by email I have heard absolutely nothing at all back. I have made several polite requests for the postage details etc. as without them I am unable to claim via Royal Mail.

I have tried raising a dispute in Ebay but this was closed against me since the seller provided valid tracking information. Upon trying to appeal, I was told to raise a dispute with Paypal (now I simply believe Ebay were fobbing me off since once you raise a dispute with Paypal, Ebay refuse to get involved saying they no longer have visibility of details of the payment).

I raised a dispute with Paypal but this was again closed on the grounds of the tracking info. I called and explained about the letter I had from Royal Mail which I was told to send in. This was attached to the case which was then opened for 'Appeal'. The case was then closed again on the grounds of the tracking info.

Having spoken at great lengths with Paypal yesterday, their policy seems to state that if the seller provides valid tracking info, the dispute will always go in their favour. Paypal advised me to speak to the small claims court.

I am now at a complete loss as to how to claim my money back. Obviously Royal Mail are to blame but technically I'm not their customer and without the correct info, I'm unsure that I will ever get re-imbursed. I've heard mixed reviews of the financial ombudsmen. Would the small claims court be the route to take? I don't mind paying the £35 fee if it meant the return of the £410.

Any advice would be greatly appreciated! Thank you in advance!

theonlywayisup

Did you appeal either of the cases? [You should have lost them both, but you should have appealed one before opening the other].

Ballistical

Yes, I appealed the first Ebay case. I was then asked to submit the proof of non delivery only for it to be rejected again. When I phoned them, Ebay advised me to take it up with Paypal. I then opened a dispute with Paypal. This was rejected so I appealed and was asked to send in the proof of non delivery, only for it to be rejected again since the seller provided valid tracking info.

smittenbee

Stupid seller sending such a high valued item signed for post! Although as a buyer I would have asked the seller to use a better service for delivery, to ensure the item was fully insured.

theonlywayisup

Ballistical wrote: »

Yes, I appealed the first Ebay case. I was then asked to submit the proof of non delivery only for it to be rejected again. When I phoned them, Ebay advised me to take it up with Paypal. I then opened a dispute with Paypal. This was rejected so I appealed and was asked to send in the proof of non delivery, only for it to be rejected again since the seller provided valid tracking info.

When you appealed, you should not have appealed the non delivery per se but the fact the item was delivered to another address.

Non delivery means simply that it wasn't delivered. Delivered to the incorrect address, means exactly that.

As you've lost [both] the appeals you have two possible courses of action. If you funded the payment by card/bank payment, you can try to chargeback the amount. Or, you can try a MCOL.

Forgive me for not reading your OP - it was too big.

theonlywayisup

smittenbee wrote: »

Stupid seller sending such a high valued item signed for post! Although as a buyer I would have asked the seller to use a better service for delivery, to ensure the item was fully insured.

Stupid seller has won a case (twice) and appeal (twice).

That aside, what a seller values an item at is nothing like what they need insurance for.....

As a buyer, it is of no concern of yours that the item is fully insured or not, you won't be the one claiming if it's lost.

pinkshoes

Could you try opening a case for item not as described? (Well you haven't got it, so not as described...)

This way you could ask to return the item, get the seller's address, then send a letter before action giving them 7 days to send the proof of postage or you will take them to court for the full cost of the item.

I would start phoning eBay for a resolution.

Ballistical

theonlywayisup wrote: »

you won't be the one claiming if it's lost.

Or so I thought...

Ballistical

theonlywayisup wrote: »

When you appealed, you should not have appealed the non delivery per se but the fact the item was delivered to another address.

Non delivery means simply that it wasn't delivered. Delivered to the incorrect address, means exactly that.

As you've lost [both] the appeals you have two possible courses of action. If you funded the payment by card/bank payment, you can try to chargeback the amount. Or, you can try a MCOL.

Forgive me for not reading your OP - it was too big.

When I appealed, I explained the situation over the phone. Apologies 'non delivery' was misleading in my post.

Unfortunately payment was made from my existing Paypal balance (I'm a seller as well) so going through the bank chargeback process is unfortunately not an option. I haven't heard of MCOL before and this sounds like an appropriate channel. Would I not need more details on the seller though? All I have is a name and email address.

You are forgiven... apologies my rant quickly became an essay! Thanks for the advice so far, much appreciated!

Ballistical

pinkshoes wrote: »

Could you try opening a case for item not as described? (Well you haven't got it, so not as described...)

This way you could ask to return the item, get the seller's address, then send a letter before action giving them 7 days to send the proof of postage or you will take them to court for the full cost of the item.

I would start phoning eBay for a resolution.

Opening a case for item not as described in order to get their address is a good idea. I hadn't thought of that. Unfortunately, I've just tried it but I'm now outside of the sellers returns window.

I've been phoning eBay, Paypal and Royal Mail for a resolution for several weeks now to no avail.

theonlywayisup

Ballistical wrote: »

Opening a case for item not as described in order to get their address is a good idea. I hadn't thought of that. Unfortunately, I've just tried it but I'm now outside of the sellers returns window.

I've been phoning eBay, Paypal and Royal Mail for a resolution for several weeks now to no avail.

The advice from pinkshoes was to open a case for not as described. That has nothing to do with the seller's return window. You have 180 days to open a case on Paypal (too late on ebay as you say 5 weeks and I'm assuming that's over 30 days from latest estimated delivery).

Ballistical wrote: »

When I appealed, I explained the situation over the phone. Apologies 'non delivery' was misleading in my post.

Unfortunately payment was made from my existing Paypal balance (I'm a seller as well) so going through the bank chargeback process is unfortunately not an option. I haven't heard of MCOL before and this sounds like an appropriate channel. Would I not need more details on the seller though? All I have is a name and email address.

You are forgiven... apologies my rant quickly became an essay! Thanks for the advice so far, much appreciated!

MCOL is possibly a way forward, it's not quick or guaranteed and the SNAD case advised above may be a way to short circuit it.