eBuyer return Hell - Denied refund

Quecky

I've been given literal hell by eBuyer over the last month or so, I really have no idea how I can go about getting my refund. 

On may 4th, I brought a product for around £700GBP, this product arrived on the may 6th; after testing it was found to be faulty. On may 9th I contacted eBuyer asking to return and get an RMA for a refund, which they provided me a link to create one of their prepaid Yodel labels on the 11th of May.





After asking for an update, I was ignored from the 19th of May, up to the 26th of May, on the 27th they claimed that "However upon further investigation we have not received your return back. We have no scan for that tracking return in our system. Therefore, I have now raised an investigation with the courier to ask where the item is." 




May 30th, they get back to me again "We have finished investigating with the courier. Investigation shows we have not received the goods and therefore the return is now closed. No refund will be issued for this return."  as well as " We have not received this item back so the courier would still have your item."  and "Unfortunately we cannot look into this any further with the courier as you are the sender of the item."




Yodel has confirmed the location, and address of where the product was returned back to eBuyer and that as they provided the prepaid label, they have an agreement with Yodel etc. I have fulfilled my side of the agreement by returning it back, and that it's now up to eBuyer to make a claim and that they should refund me.  I've told them to contact Yodel via their support portal and to make a claim. 

But each time I get something back like one of the below emails: 

"Unfortunately as advised previously, the item has not been received in our warehouse. The tracking we have provided does confirm this wasn’t delivered to our address. This has been reviewed and we are not able to refund I’m afraid." 


"Unfortunately as we have not received the item back, we would be unable to proceed further. As shown below, the item has not been received in our warehouse therefore we would not be able to process the refund, I do apologise there wouldn’t be anything further we are able to do."

"However I can see you have previously been provided the tracking details on our side to confirm we have not received the item back with us, due to us not receiving the item back with us we would be unable to issue the refund I’m afraid."

"When queried with the courier their response  “I do not have the geographic location of the driver to share with you” There is no proof the item has been delivered back to Ebuyer" 


They've spent the past weeks stalling over and over, ignoring the requests to contact Yodel and to make a claim.

"They have not made a claim, however, they contacted us on 27 May and 30 May to verify if the parcel was delivered or not. They were asking about the Selby and they were informed that it's the local depot that delivers in their area." - Yodel  



All support and recommdation as to what to do is appreciated  

Brie

how did you pay?  by CC? if so contact your card provider

Quecky

Brie said:

how did you pay?  by CC? if so contact your card provider

Debit card.. Worst mistake I've made.

I've made a chargeback request; but I've been informed that it will take up to 45 days from when it's submitted to Mastercard. 

Jenni_D

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

If this was a label supplied by eBuyer, then your liability for the goods ends as soon as it is handed to their nominated courier.

Quecky

Jenni_D said:

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

Okay. RE Letter Before claim and small claim via MCOL. 

Is it worth getting a solicitor to do this process? 

Jenni_D

Quecky said:

Jenni_D said:

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

Okay. RE Letter Before claim and small claim via MCOL. 

Is it worth getting a solicitor to do this process? 

No - that's the point of MCOL / small claims. You can't claim any legal expenses, and employing a solicitor to do this would wipe out anything you won in the claim. eBuyer may well simply cave in on receipt of the LBC. If an actual claim is filed then they may ignore it and you get a default judgment. A claim value of £700 (plus court fees) is eligible for escalation to High Court Enforcement (the cost of which would be added to the amount recovered) so an HCEO could attend their place of business and recover goods to service your claim amount.

There are plenty of guides online on how to use MCOL.

Quecky

Jenni_D said:

Quecky said:

Jenni_D said:

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

Okay. RE Letter Before claim and small claim via MCOL. 

Is it worth getting a solicitor to do this process? 

No - that's the point of MCOL / small claims. You can't claim any legal expenses, and employing a solicitor to do this would wipe out anything you won in the claim. eBuyer may well simply cave in on receipt of the LBC. If an actual claim is filed then they may ignore it and you get a default judgment. A claim value of £700 (plus court fees) is eligible for escalation to High Court Enforcement (the cost of which would be added to the amount recovered) so an HCEO could attend their place of business and recover goods to service your claim amount.

There are plenty of guides online on how to use MCOL.

Okay, thankyou Jenni. 

I appreciate it. 

Quecky

Jenni_D said:

Quecky said:

Jenni_D said:

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

Okay. RE Letter Before claim and small claim via MCOL. 

Is it worth getting a solicitor to do this process? 

No - that's the point of MCOL / small claims. You can't claim any legal expenses, and employing a solicitor to do this would wipe out anything you won in the claim. eBuyer may well simply cave in on receipt of the LBC. If an actual claim is filed then they may ignore it and you get a default judgment. A claim value of £700 (plus court fees) is eligible for escalation to High Court Enforcement (the cost of which would be added to the amount recovered) so an HCEO could attend their place of business and recover goods to service your claim amount.

There are plenty of guides online on how to use MCOL.

Could I use "The law is in s34(4), (5) and (6) here. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation"  to get a refund? Or would that not be applicable here and I should go straight to MCOL 

Alderbank

Quecky said:

Jenni_D said:

Quecky said:

Jenni_D said:

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

Okay. RE Letter Before claim and small claim via MCOL. 

Is it worth getting a solicitor to do this process? 

No - that's the point of MCOL / small claims. You can't claim any legal expenses, and employing a solicitor to do this would wipe out anything you won in the claim. eBuyer may well simply cave in on receipt of the LBC. If an actual claim is filed then they may ignore it and you get a default judgment. A claim value of £700 (plus court fees) is eligible for escalation to High Court Enforcement (the cost of which would be added to the amount recovered) so an HCEO could attend their place of business and recover goods to service your claim amount.

There are plenty of guides online on how to use MCOL.

Could I use "The law is in s34(4), (5) and (6) here. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation"  to get a refund? Or would that not be applicable here and I should go straight to MCOL 

That's not how the regulations work unfortunately. They don't put the money back in your pocket as such.
All they do is give you the right to a refund. If the retailer won't refund you voluntarily then the only way to enforce your right is by going to court.

Do as Jenni_D says and send a properly worded letter before action. That often focuses them enough to concede your refund.

Ergates

Quecky said:

Jenni_D said:

Quecky said:

Jenni_D said:

The chargeback will probably happen very quickly ... but the seller has 45 days to challenge it.

If they do so - and succeed - then your course of last resort is a Letter Before Claim to eBuyer followed by a small claim via MCOL.

Okay. RE Letter Before claim and small claim via MCOL. 

Is it worth getting a solicitor to do this process? 

No - that's the point of MCOL / small claims. You can't claim any legal expenses, and employing a solicitor to do this would wipe out anything you won in the claim. eBuyer may well simply cave in on receipt of the LBC. If an actual claim is filed then they may ignore it and you get a default judgment. A claim value of £700 (plus court fees) is eligible for escalation to High Court Enforcement (the cost of which would be added to the amount recovered) so an HCEO could attend their place of business and recover goods to service your claim amount.

There are plenty of guides online on how to use MCOL.

Could I use "The law is in s34(4), (5) and (6) here. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation"  to get a refund? Or would that not be applicable here and I should go straight to MCOL 

You could always exhaust "normal" channels before going to court - phone/email them quoting the relevant section of the legislation if necessary.  If that doesn't work, escalate.

bris

Hate to say it but there is something very wrong with that tracking.

Loaded 13.49

With driver 13.50

Delivered 14.00

I could be wrong if you live practically in the same street as the depot but that is a quick delivery from loaded onto the van.

Being an Ebuyer product staff would know this is an expensive item so it could be an inside job.

Just saying, it looks fishy.