Private sale but gone missing in post - rights

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Hi hoping for some advice on this.

I bought an item from a private person through a forum that i go on. It was not an ebay transaction and I am happy that the seller is a private person. The cost of the items were about £800 and i paid for this via bank transfer. Prior to this I had spoken with the seller and was confident that she was a bona fide person. Both of the items were sent by Royal Mail Special Delivery on the next day service. One of the items arrived and the other didn't. I was sent tracking numbers for them both and one shows as delivered, the other (missing item) is not recognised by the website but is shown as a valid number (just no tracking number). I have contacted the seller and she cannot understand either. She says she will contact the Royal Mail and pursure a claim through them. I am aware that these claims can take 4-6 weeks however and i am out of pocket by that much.

Do i have any rights to ask her to pay me back the money I paid to her as it will be her that gets the money back the Royal Mail? is there any legislation that actually covers this situation. I am aware of business rights but wondering how I stand with it being private.

Any advice would be gratefully recieved.

Thanks in anticpation

Sunnyb!

Comments

  • custardy
    custardy Posts: 38,365 Forumite
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    right well we have an issue here
    the item that doesnt track.
    does it give no information at all?
    or does it show the item is progressing through our network?
  • sunnyb_3
    sunnyb_3 Posts: 9 Forumite
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    Hi thank for the reply.

    It says this when i track the item:


    Special Delivery™ Next Day items are first tracked when they have reached our mail centre. This may be late in the evening on the day the item was sent.
    Information on your item is not yet available online.

    I tried putting in a number close to mine to see if this was a general message but it said the other (false number) didn't exist so it does appear to be a genuine number.
  • custardy
    custardy Posts: 38,365 Forumite
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    well its down to the seller to provide you with the goods/refund
    phone RM customer support and ask them to track it however the number may be valid but unused
    its complex but post office counters use a different system from RM (dont ask :confused:) so the two dont 'talk'
    however if theres no track then its never hit a mail centre.
    mail goes from the post office direct to the local MC so it only leaves one stage however RM CS can enquire to check the post office counters track
  • sunnyb_3
    sunnyb_3 Posts: 9 Forumite
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    Thanks again for the reply, does the reciept have the Post Office tracking reference on or do they use the same RM tracking reference that I have been provided with?
  • d123
    d123 Posts: 8,622 Forumite
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    Ask the seller to scan and email you the RM receipt for the missing item. It should be a computer printed slip and show the tracking code as well as your address details, at least you will know whether or not it was definitely posted from that.
    ====
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