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eBay side with seller over missing item

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Hi, 

I’m just hoping for some advice regarding liability for a lost item.

Facts.
Item cost: £160
Paid: 13/05
Dispatched: 14/05 (Royal Mail Signed *not fully tracked)
Tracking info: 16/05 Edinburgh Dispatch Office: Returned To Sender, address incorrect.
Issue: one building number missing.
Seller claims there was a return address on the box.

I have visited the sorting office on the 18/05 and was told the item had been sent back.
I offered to cover any reposting fees once it reaches the sender.

After two weeks I had now physically bought an alternative product. The seller claims the item still has not been returned and will not issue a refund.
I raised a claim with eBay, have to wait until 30/05 until they can step in.

Wake up to a notification “Case settled: No refund issued.”, once opened the notes read.
”Seller contacted eBay. As the courier attempted to deliver the item, it is your responsibility to arrange collection”....it has been returned to sender, which is literally the only tracking info available.

The seller contacted eBay at 1.04pm, they spoke, didn’t consult with me at all, 1.17pm. Case settled.

I appeal the decision and I’m told it’s up to me to arrange redelivery. The package isn’t tracked so no one knows where it is. It could be back with the seller. I have spent HOURS either on the phone or physically visiting the Royal Mail dispatch office, it’s impossible for me to arrange this.

I then receive a message from the seller saying “on ebays advice I’m not obliged to repost the item IF it shows up”.

So now I’m left with a package either with or on its way to the seller, no tracking. And no refund available. 

The package is likely lost. In this case, I can’t even make a claim for lost items as it would require proof of postage, which the seller may or may not have.

To summarise, package has gone awol, the seller and eBay don’t want to give me a refund and the seller seems to think they can just keep the item...which is untracked.

I thought the right solution would be refund me, if the package shows up, resell it, if not, claim it lost against the Royal Mail.

Am I wrong in thinking this?

Once I explained the whole timeline to eBay they immediately just asked me to raise a claim with PayPal but if eBay haven’t issued a refund is there much chance PayPal will? I sat on live chat for 2 hours getting passed around before they stopped replying, assuming the office closed.

Any help at all would be greatly appreciated.

Thanks 



Comments

  • Hi, 


    Issue: one building number missing.




    The passing of risk occurs once the item has been delivered to you but the quote above requires clarification.

    Did the seller put an incomplete address on the parcel or did you provide an incomplete address on the order? When you say one building number was missing was the address just the street name or could it have looked like a full address.

    Sent a parcel in the second week of March and the address supplied was incorrect, it took over 10 weeks to be returned to sender. 
    In the game of chess you can never let your adversary see your pieces
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As above, if you missed a letter out of the address this is the reason it didn't make it to you - so it's on you and you're owed nothing. 
    If the seller made the mistake, then they should be correcting it. 
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 31 May 2020 at 9:20PM
    How did you pay? Was Paypal involved?
    Just re-read the OP ... Paypal was used. What form of Paypal payment? (Hopefully it wasn't a Gift type payment).
  • TizerBunny
    TizerBunny Posts: 25 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    I'm also curious if it was you or the sender who made a mistake with the address. To me that would say who's liable for the cost of postage. Either way it's worth claiming on PayPal. To answer your question I have had a PayPal claim honoured when eBay said they couldn't help.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you opened a case on Paypal?  No numbers/names is an old ebay glitch but despite that, both platforms need the seller to prove delivery (not RTS).  
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