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

MissMonkeyMoo

Okay, I am no expert but ....

Hermes have refunded the seller £20 for a lost item and the cost of postage, so they are effectively admitting that they have not delivered the parcel or at the very least cannot prove that they have delivered the parcel.

The seller has accepted this refund from Hermes so they too are effectively admitting that the item was not delivered. 

Having looked at all your correspondence I can totally understand why you are tearing your hair out as you are clearly not getting any joy from either ebay or PayPal. I would try two things.

1. Go on resolver.com and use this tool to complain to ebay. Make sure you give ALL the details, including how Hermes have refunded the seller and the seller has accepted this refund but is refusing to give you your money back. This complaint will be sent through to the escalation team so you should get straight through to someone who may actually be able to help. Hopefully, ebay will actually progress this and help you to get your money back. If they still won’t help you can escalate the issue again through resolver and take it even higher.

2. Send a letter of action to the seller. There are some good templates on the citizens advice webpage and on which. The seller has failed to fulfill their contractual obligations and so they are responsible; the fact that they have accepted the ‘compensation’ from Hermes will go in your favour. In the letter you tell them they have 14 days to refund the money in full or you will take legal action.  They have no further recourse with Hermes as they have accepted their compensation so they will have to provide proof that it was delivered to you, which they can’t. I doubt they will pay up, but you never know. If they don’t, you start a ‘small court’ claim against them; it costs £35 to do this online and this cost will be added to your claim. There is of course no guarantee that the courts will rule in your favour, but the more evidence that you can provide (ALL of your correspondence with ebay, PayPal and the seller) the better chance you will have. I am no lawyer, but you have written proof that Hermes refunded the seller which to me shows the accept liability and the seller accepts the item was not delivered. Therefore the contract has not been realised and legally the seller has to refund you in full. 

I really hope that this helps and that you do get your money back. If all else fails, get in touch with Joe Lycett and see if he will take them on!