refusing refund after item fails to arrive

madstar

Ebay item has not been delivered.  After contact was made with the company who are from China - they are basically refusing liability and refund.  Instead informing me I should contact the police and thanking me for my understanding.....unbelievable!

No evidence seems to exist of delivery apart from a photograph which is not proof of delivery.  A parcel thrown at a doorstep is not safely delivered if this was even the case.  The photo is of a cardboard box and has no perspective of the area in which it was placed

I'm looking for remedy through consumer legislation.  I see on here ones talking about a letter before action also.  Where may I find this, and is there any legal legislation I can throw at them?

Thanks for any assistance.

D

knightstyle

As  it was ebay then simple item not received should do.  However when was the item ordered and what delivery did the seller state?

MikeJXE

Letter before action as the subject in an email usually makes them take notice regardless of what the letter actually says 

elsien

I’m guessing letter before action and consumer rights legislation for this country doesn’t apply to a company based in China. 

Did they send it tracked? 

Undervalued

As long as you are within the time limits eBay will refund you as "item not received" unless the seller can provide them with reasonable proof of delivery. The photograph you describe doesn't seem to prove delivery to your property but maybe somebody else's interpretation would be different.

It eBay feel it does prove delivery then it gets more difficult with a seller on the other side of the World. 

What amount is involved?

Gavin83

I strongly suspect eBay could consider the correct paperwork with the delivery company + a photo of the parcel delivered as sufficient evidence of the delivery and refuse your claim. Were this to happen I think you'll struggle. You'd be bound by the consumer rights in China which I suspect are a lot less than in the UK. Plus you'll need to enforce the debt in China.

Ultimately if eBay refuse your claim I think you'll have to write this one off.

MalMonroe

madstar said:

Ebay item has not been delivered.  After contact was made with the company who are from China - they are basically refusing liability and refund.  Instead informing me I should contact the police and thanking me for my understanding.....unbelievable!

No evidence seems to exist of delivery apart from a photograph which is not proof of delivery.  A parcel thrown at a doorstep is not safely delivered if this was even the case.  The photo is of a cardboard box and has no perspective of the area in which it was placed

I'm looking for remedy through consumer legislation.  I see on here ones talking about a letter before action also.  Where may I find this, and is there any legal legislation I can throw at them?

Thanks for any assistance.

D

Just go through your eBay account. No point contacting any seller, wherever they may be based, direct when you are buying from eBay. Their 100% money back guarantee covers all transactions but you have to go through the system. Just go through eBay. It is so easy. I've done it myself. Doesn't matter what any seller or buyer says.

If the seller's in China, there's absolutely no point sending any letter because it won't apply to them. Consumer legislation is not a cross-cultural thing.

eBay is your first point of contact. They will sort it out for you if you let them. 

elsien

MalMonroe said:

madstar said:

Ebay item has not been delivered.  After contact was made with the company who are from China - they are basically refusing liability and refund.  Instead informing me I should contact the police and thanking me for my understanding.....unbelievable!

No evidence seems to exist of delivery apart from a photograph which is not proof of delivery.  A parcel thrown at a doorstep is not safely delivered if this was even the case.  The photo is of a cardboard box and has no perspective of the area in which it was placed

I'm looking for remedy through consumer legislation.  I see on here ones talking about a letter before action also.  Where may I find this, and is there any legal legislation I can throw at them?

Thanks for any assistance.

D

Just go through your eBay account. No point contacting any seller, wherever they may be based, direct when you are buying from eBay. Their 100% money back guarantee covers all transactions but you have to go through the system. Just go through eBay. It is so easy. I've done it myself. Doesn't matter what any seller or buyer says.

If the seller's in China, there's absolutely no point sending any letter because it won't apply to them. Consumer legislation is not a cross-cultural thing.

eBay is your first point of contact. They will sort it out for you if you let them. 

It really isn't that simple as it will depend on the delivery and tracking, as above.
perhaps the OP could confirm what tracking the seller has put on ebay?

soolin

I agree with elsien, it will all depend on what online tracking shows. 

madstar

knightstyle said:

As  it was ebay then simple item not received should do.  However when was the item ordered and what delivery did the seller state?

The 11th and 18th Novemberelsien said:

I’m guessing letter before action and consumer rights legislation for this country doesn’t apply to a company based in China. 

Did they send it tracked? 

It had a tracking number from HermesUndervalued said:

As long as you are within the time limits eBay will refund you as "item not received" unless the seller can provide them with reasonable proof of delivery. The photograph you describe doesn't seem to prove delivery to your property but maybe somebody else's interpretation would be different.

It eBay feel it does prove delivery then it gets more difficult with a seller on the other side of the World. 

What amount is involved?

£100

It's still within the 45 days period

MalMonroe said:

madstar said:

Ebay item has not been delivered.  After contact was made with the company who are from China - they are basically refusing liability and refund.  Instead informing me I should contact the police and thanking me for my understanding.....unbelievable!

No evidence seems to exist of delivery apart from a photograph which is not proof of delivery.  A parcel thrown at a doorstep is not safely delivered if this was even the case.  The photo is of a cardboard box and has no perspective of the area in which it was placed

I'm looking for remedy through consumer legislation.  I see on here ones talking about a letter before action also.  Where may I find this, and is there any legal legislation I can throw at them?

Thanks for any assistance.

D

Just go through your eBay account. No point contacting any seller, wherever they may be based, direct when you are buying from eBay. Their 100% money back guarantee covers all transactions but you have to go through the system. Just go through eBay. It is so easy. I've done it myself. Doesn't matter what any seller or buyer says.

If the seller's in China, there's absolutely no point sending any letter because it won't apply to them. Consumer legislation is not a cross-cultural thing.

eBay is your first point of contact. They will sort it out for you if you let them. 

I will ring citizens advice in the morning

elsien said:

MalMonroe said:

madstar said:

Ebay item has not been delivered.  After contact was made with the company who are from China - they are basically refusing liability and refund.  Instead informing me I should contact the police and thanking me for my understanding.....unbelievable!

No evidence seems to exist of delivery apart from a photograph which is not proof of delivery.  A parcel thrown at a doorstep is not safely delivered if this was even the case.  The photo is of a cardboard box and has no perspective of the area in which it was placed

I'm looking for remedy through consumer legislation.  I see on here ones talking about a letter before action also.  Where may I find this, and is there any legal legislation I can throw at them?

Thanks for any assistance.

D

Just go through your eBay account. No point contacting any seller, wherever they may be based, direct when you are buying from eBay. Their 100% money back guarantee covers all transactions but you have to go through the system. Just go through eBay. It is so easy. I've done it myself. Doesn't matter what any seller or buyer says.

If the seller's in China, there's absolutely no point sending any letter because it won't apply to them. Consumer legislation is not a cross-cultural thing.

eBay is your first point of contact. They will sort it out for you if you let them. 

It really isn't that simple as it will depend on the delivery and tracking, as above.
perhaps the OP could confirm what tracking the seller has put on ebay?

The delivery company used was Hermes

Appreciate your help

D

Spoonie_Turtle

45 day period?