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eBay seller claims order delivered, refused refund, eBay and PayPal decide against buyer. Now what!?

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  • Summary of case with eBay
    Lesson learnt: Again, buy from eBay at your own risk!
    There is no gurantee to receive your purchased item or your money back, even if you paid via PayPal!

  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There are to many screenshots on those 3 posts, can you summarise for those of us unable/unwilling to read it all?


  • Summary of above screens shots
    1. eBay communication: case closed in seller's favor; as delivery information provided. Hermes delivery has not signature. eBay escalations team asked me, the buyer, to request formal non-delivery report from Hermes.
    2. Hermes communication: Hermes refused to provide me, the buyer, non-delivery report as their contract is with seller, requesting seller to contact them directly.
    3. PayPal case: case closed in seller's favor; as delivery information provided. 
    Finally, despite seller was approved compensation from Hermes for lost package, capped to maximum amount of £20, seller refused refunding me full purchase price of £290.

    Any thoughts on how to take this forward?
  • pinkshoes
    pinkshoes Posts: 20,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Summary of above screens shots
    1. eBay communication: case closed in seller's favor; as delivery information provided. Hermes delivery has not signature. eBay escalations team asked me, the buyer, to request formal non-delivery report from Hermes.
    2. Hermes communication: Hermes refused to provide me, the buyer, non-delivery report as their contract is with seller, requesting seller to contact them directly.
    3. PayPal case: case closed in seller's favor; as delivery information provided. 
    Finally, despite seller was approved compensation from Hermes for lost package, capped to maximum amount of £20, seller refused refunding me full purchase price of £290.

    Any thoughts on how to take this forward?
    I would send a letter before action to the sellers address, stating that the parcel did not arrive, Hermes have confirmed the parcel was not delivered and offered the seller compensation, so you would like a full refund of £290 and will take court action if this is not received in 14 days.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Summary of above screens shots
    1. eBay communication: case closed in seller's favor; as delivery information provided. Hermes delivery has not signature. eBay escalations team asked me, the buyer, to request formal non-delivery report from Hermes.

    This is the correct result.  No signature is required, only proof of delivery (which is a status of delivered viewable online). 


    2. Hermes communication: Hermes refused to provide me, the buyer, non-delivery report as their contract is with seller, requesting seller to contact them directly.

    This is the correct result.  Hermes should not be disclosing anything to you.


    3. PayPal case: case closed in seller's favor; as delivery information provided. 

    This is also the correct result.

    Finally, despite seller was approved compensation from Hermes for lost package, capped to maximum amount of £20, seller refused refunding me full purchase price of £290.


    Have you appealed the ebay case.  Have you appealed the Paypal case?


  • Have you appealed the ebay case.  Have you appealed the Paypal case?
    Yes, I did appeal eBay case, but not PayPal case.
    I might have missed PayPal appeal window of 10 days but, at that time, I had nothing more to add.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you appealed the ebay case.  Have you appealed the Paypal case?
    Yes, I did appeal eBay case, but not PayPal case.
    I might have missed PayPal appeal window of 10 days but, at that time, I had nothing more to add.
    Paypal and ebay are not the same company.  Paypal will not know you appealed your case so would have no idea that you 'had nothing more to add'.   

    I can't recall if you said, but how did you fund the payment?  Balance, card or bank?
  • I’ve got exactly the same situation, and going through the same disheartening process. Bought a MacBook on eBay (£620). ups driver handed it to some random guy on the street. PayPal went in sellers favour as status was ‘delivered’. Ups not speaking to me as contract is with seller. The difference with mine is I have the whole thing on cctv so there’s no disputing what happened. Yet nobody is admitting liability. I don’t know what to do, have you made a decision on who to claim against yet? It looks to me like our only option is to take the seller to court.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I’ve got exactly the same situation, and going through the same disheartening process. Bought a MacBook on eBay (£620). ups driver handed it to some random guy on the street. PayPal went in sellers favour as status was ‘delivered’. Ups not speaking to me as contract is with seller. The difference with mine is I have the whole thing on cctv so there’s no disputing what happened. Yet nobody is admitting liability. I don’t know what to do, have you made a decision on who to claim against yet? It looks to me like our only option is to take the seller to court.
    If you cant get further forward then I would certainly send the seller a letter before action. 
    Perhaps worth uploading the video first and sending the seller a link to see if they will assist you  with UPS.
  • November2
    November2 Posts: 1,129 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Its no good chasing the seller up.   As previously, you need to concentrate on Ebay refunding you via their goodwill programme.  Did you give Ebay the information they requested?    Have you updated Ebay with Hermes admittance of lost package status?    What is Ebay saying?  
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