Royal mail compensation

brendanb581

Morning

I have had a bit of trouble locating a parcel returned from ebay (buyer used standard eBay returns label which was royal mail tracked).

The tracking number said it has been delivered to me, as it doesn't require a signature. So the buyer received a refund and I have no parcel.

I wasn't left a card so I went to the post office who also couldn't locate the parcel. I left them my phone number so they could contact me if they found it.

Had a call from them yesterday stating that the postman said he left it in my bin... Which can't be right as my bins are locked away in the back garden. I have also asked my neighbors if there was anything in theirs.. To no avail.

What would be the best course of action for me now?the item was worth over £400 so it's urgent I get this sorted soon.!

Thanks

agrinnall

[STRIKE]You have to take it up with the seller, which may mean making a small claim.[/STRIKE]

soolin

agrinnall wrote: »

You have to take it up with the seller, which may mean making a small claim.

OP is the seller! Small claims against the buyer isn't going to work as buyers don't even have to prove sellers have the items back to get a refund, they just need proof that item was returned .

Any claim would therefore need to be against RM and initially should concentrate on the fact that item was supposedly left somewhere where it was impossible to have been left.

OP who issued the return label, did you send it for buyer or did you buy it via the eBay return system?

shaun_from_Africa

Is it possible to get compensation cover of +£400 for tracked mail or is Special Delivery the only service that will provide this?

If it was ebay that supplied the label and they chose the wrong service, I think that any loss above the standard compensation given by RM should be down to them.

davidmcn

soolin wrote: »

OP is the seller! Small claims against the buyer isn't going to work as buyers don't even have to prove sellers have the items back to get a refund, they just need proof that item was returned .

Any claim would therefore need to be against RM

But no signature required suggests that it was sent by ordinary 1st/2nd class post so compensation (if any) from RM would be restricted to £20. I think the OP still has a case against the buyer, irrespective of eBay's rules.

soolin

davidmcn wrote: »

But no signature required suggests that it was sent by ordinary 1st/2nd class post so compensation (if any) from RM would be restricted to £20. I think the OP still has a case against the buyer, irrespective of eBay's rules.

It's not ebay rules it is the law. A buyer has the right to return a faulty item and as long as they make a reasonable attempt to return that item they are due a refund.

If a label was supplied to the buyer then it sounds like a SNAD return and seller would be expected to either collect or make arrangements for item to be returned. Buyer is completely covered if they use a label provided.

shaun_from_Africa

davidmcn wrote: »

But no signature required suggests that it was sent by ordinary 1st/2nd class post so compensation (if any) from RM would be restricted to £20. I think the OP still has a case against the buyer, irrespective of eBay's rules.

Royal mail have have 2 different options for their tracked service, one that doesn't require a signature and one that does.
The service that doesn't need signing for only requires the postie to post through the letter box, hand the item over or leave in a safe place (if this has been agreed before hand).
It gets scanned on delivery which immediately shows up on the online tracking as having been delivered.

davidmcn

soolin wrote: »

It's not ebay rules it is the law. A buyer has the right to return a faulty item and as long as they make a reasonable attempt to return that item they are due a refund.

Which law are you referring to here? (assuming the OP isn't a trader)

soolin

davidmcn wrote: »

Which law are you referring to here? (assuming the OP isn't a trader)

A legal right to expect the goods as stated and in the condition as outlined. This was not a face to face sale where it is buyer beware, sellers cannot expect buyers to accept items not as described and hide behind a 'private seller sold as seen' label.

Obviously there is nothing to stop OP taking the buyer to small claims , no one here can guarantee a win or loss, however buyer has returned an item using a label supplied which RM have apparently lost. it is therefore likely that this would be seen as an RM issue. Buyer is in a strong position having used a supplied label and with RM tracking showing it was delivered.

theonlywayisup

OP, have you supplied your evidence that the item was left in an unsafe place to eBay via an appeal?

bris

soolin wrote: »

A legal right to expect the goods as stated and in the condition as outlined. This was not a face to face sale where it is buyer beware, sellers cannot expect buyers to accept items not as described and hide behind a 'private seller sold as seen' label.

Obviously there is nothing to stop OP taking the buyer to small claims , no one here can guarantee a win or loss, however buyer has returned an item using a label supplied which RM have apparently lost. it is therefore likely that this would be seen as an RM issue. Buyer is in a strong position having used a supplied label and with RM tracking showing it was delivered.

It's still the senders responsibility to get the item to the recipient. The sender is liable to the recipient, RM are liable to the sender.
The recipient has no contract with Royal Mail, the sender does.


This is a common theme on the consumer rights board.