Ebay and DRS Debt collectors

Brooker_Dave

bris wrote: »

They know they lost it but it's still the op's problem as it's under insured.

That would be the case if it had been badly packed, and then damaged, but Ebay's subcontractor lost the parcel, and thus were negligent, which has no defence.

So OP has no reason into being bullied into paying back the company who lost his phone.

TripleH

Brooker_Dave wrote: »

That would be the case if it had been badly packed, and then damaged, but Ebay's subcontractor lost the parcel, and thus were negligent, which has no defence.

So OP has no reason into being bullied into paying back the company who lost his phone.

The problem is that the package was not insured for the correct amount. If it was, then the buyer would be refunded by the seller, who would claim in full from the courier and the party who lost the item would be the ones out of pocket.

Whilst the courier was booked through shuttle (and hence via eBay) I suspect the terms and conditions will unravel to show the seller had the contract with the courier not eBay because other options were available to them.

If you under insure and the item goes missing, you can only claim the maximum value you have insured for regardless of whether you can 'prove' what you sent and how much it was worth.

It is in my view a sensible solution to a problem.

RFW

TripleH wrote: »

If you under insure and the item goes missing, you can only claim the maximum value you have insured for regardless of whether you can 'prove' what you sent and how much it was worth.

It is in my view a sensible solution to a problem.

I'd wonder if this was legally the case. Whilst couriers get away with it it would be interesting to see what the courts would say if it was tested.
I'd say the insurance matters more for damage but if they lose it then they have broken their contract to deliver the parcel.
A few years ago I had a problem with a parcel of watches. The courier admitted that their driver had thrown it over a neighbour's hedge and it was rotten from rain when they eventually found it. The courier refused to pay as watches were not on their list of items to carry. When I pointed out that it wasn't my fault they employed incompetents who couldn't do their job and threatened them with legal action they paid up.
When buying I often get asked to take out extra insurance and don't as I know the seller has to cover it, not me. I don't know if this falls in that category but it may well do.