Ebay - Paypal dispute / Royal Mail query

spookylukey

Hi

Was hoping for some advice on how paypal disputes work in relation to an item not received....

Here's the story:

I purchased an item for £200 using paypal, in the listing it stated that it would be sent by Special Delivery which is guaranteed next day before 1pm. The seller posted the item on the 31st Dec and emailed me the tracking number. When it didn't arrive by 1pm on the 2nd Jan (the 1st was a Bank Holiday) I emailed the seller and he then said it had actually been sent "recorded and insured". I left it a few days and then emailed him to ask whether it was sent first or second class, he eventually admitted that it was second class recorded claiming that a friend had posted it for him as he was at work that day. I'm a bit miffed about the fact that he has been a bit dishonest about the postage situation but the main thing I want is either for the item to arrive, which I think is unlikely now given it was posted 10 days ago, or a refund.

I plan to leave it until 2 weeks have elapsed from the date of posting and if still not received I'm going to ask for a refund. I have a funny feeling that he will try and make me wait for the outcome of a Royal Mail claim. I'm not happy to wait as I know how long that can take - I put a claim in myself for a lost recorded item sent by me at the end of November and I still haven't heard back fromk Royal Mail!

If the seller does insist I wait for the outcome of a Royal Mail claim I was planning on putting in a Paypal dispute, now the seller has a tracking number to prove he sent the item but obviously the tracking number shows the item as not having been delivered. Is paypal likely to side with the seller as he has provided a tracking number or me as the tracking number proves the item has not been received?

Thanks in advance for any thoughts

aytch

Firstly the seller is at fault, (s)he offered, and you paid for special delivery. This is a fully insured service. If the seller chose to use 2nd class recorded (s)he is liable for any loss.

If it was me I would open a paypal dispute as you have not been treated fairly. Paypal are good at siding with buyer if item is lost in transit. The seller should reimburse you without you waiting for the post office to reimburse him / her.

The money will be frozen in the sellers account and make sure you inform them the postage service you paid for was not utilised.

Good luck

:beer:

spookylukey

Thanks, I'm prepared to wait a few more days before starting a paypal dispute in case the item turns up. I rang the sorting office in case they had tried to deliver but for whatever reason not left a card and it's not there.

I am annoyed at the seller, I bought the item using 'buy it now' as I wanted it now and the special delivery meant I should have had it now! To be fair to him he is responding to my ebay messages promptly, he has 100% feedback in the region of 250 so hopefully he will act fairly. I was just worried that paypal would refuse my claim as he does have a tracking number, albeit one that shows the item has not been delivered.

smiffy

As per the previous post you need to open a PayPal dispute. This works well and PayPal will often refund the money if the seller is unalbe to provide any proof of postage.

frivolous_fay

Paypal should side with you, as it's evident the item hasn't been signed for.

Is it the kind of item that would look of a size likely to be worth something?
I imagine a box of a certain size plus the highly insecure but easily spotted red of a recorded label may have made your item a tempting prospect for one of the (minority) of dishonest postal staff.

frivolous_fay

From what I've read around here in the last year or so, once a recorded delivery item vanishes off the system, it seldom reappears.

spookylukey

smiffy wrote: »

As per the previous post you need to open a PayPal dispute. This works well and PayPal will often refund the money if the seller is unalbe to provide any proof of postage.

The seller does have proof of postage as it was sent recorded delivery.

frivolous_fay wrote: »

Is it the kind of item that would look of a size likely to be worth something?
I imagine a box of a certain size plus the highly insecure but easily spotted red of a recorded label may have made your item a tempting prospect for one of the (minority) of dishonest postal staff.

Sadly that's what I thought too, I'd imagine it's a medium sized square box - I hope the seller wasn't lying when he said it was sent recorded and insured, if not he's going to be seriously out of pocket if he can only claim £34!

jayok

I think smiffy meant proof of delivery

Lea37

I ordered a book from Amazon at Christmas and when it came I noticed a disc in an envelope caught inside the packaging that was special delivery. Luckily I managed to get the guy's phone number and let him know. He lived nearby so came and collected it. Shows how easily stuff can get lost in transit.

soolin

spookylukey wrote: »

The seller does have proof of postage as it was sent recorded delivery.



Sadly that's what I thought too, I'd imagine it's a medium sized square box - I hope the seller wasn't lying when he said it was sent recorded and insured, if not he's going to be seriously out of pocket if he can only claim £34!

There is no additional insurance available on a recorded item so it will be ineligible for a claim as valuable items should not be sent standard mail. Sometimes it seems that the Royal mail will pay out the £34 , but it is more common for any claim to be refused due to wrong service being used.

However allt hat is completely immaterial in this instance. The OP is entitled to a full refund. However, depending on the level of paypal protection offered I would plan to put in a claim as soon as other items were sold to ensure that the account is frozen whilst there are funds available.

spookylukey

The plot thickens...

Seller emailed yesterday evening saying he has received a card notifying him of a returned item. He hasn't been to the sorting office yet but can only presume that it is my item. I have definitely had no 'attempted to deliver' card. The timings are not quite right either. It was posted 31/12/07, the 1st was a Bank Holiday so they must have 'attempted' delivery (which I KNOW they didn't) on the 2nd - held it for 7 days as per Royal Mail policy - then returned the item to the sender to arrive on the 9th. Bearing in mind it was sent 2nd class I really don't see how the timings add up.

I have said that if it is my item I still want it and have asked him to send it Special Delivery as stated in the original listing. I hope he doesn't try and charge me for re-delivery claiming that I didn't collect it from the sorting office! If he does I'll point out that if it was sent Special delivery as stated none of this would have happened!