Problem with an Ebay seller

  Office 00:54 21 Aug 2004

I recently purchased an item from eBay. The value is £60.00. And it has been over 15 days and I have’nt received the item yet. I contacted the seller. He informed me that he had posted the item same day. I then emailed the seller that I have'nt received the item, could you please send me a replacement or a refund.

He emailed me back and said that because I have chosen standard delivery, there is no claim available from royal mail.

Basically when I bought the item using buy it now, the seller had given two options for postage. One was standard postage (no claim available if lost by royal mail). And second was special delivery insured Upto £250.00. So I chose the first one as it was cheaper.

I need some legal advice on this. He has also emailed me the certificate of posting, which proofs that he had posted the item.

Where do I go now?

  -Beb- 01:18 21 Aug 2004

Nothing really. You should have chosen the guaranteed delivery. You can complain to ebay and/or leave negative feedback, but if he claims that he has posted it, it seems unlikely you will receive your money back. sorry

  Mango Grummit 01:18 21 Aug 2004

'Problem with an Ebay seller' is not a true reflection of your actual problem is it, Office?

It appears your problem is with the Royal Mail and it is threads like yours that give eBay a bad name.

Just this last week Royal Mail has lost two important letters I'm waiting for and a registered letter I sent. Two weeks ago I had difficulty proving a letter sent to me had not been delivered or signed for by me although someone had signed for it. Actually proving this was quite easy as the time the letter had been signed for was 7.15am and my mail is never delivered before 11.15am, but you can understand how the sender was extremely dubious regarding my stating that I had not received the letter.

To sum that bit up then: Royal Mail is extremely unreliable and your eBay person did as you asked and sent the item by standard delivery. You got what you asked for from the seller. Your problem now is with Royal Mail but you'll have no luck there, I'm fairly certain. Incidently, most people don't know (because it's free and Royal Mail do not want you to know) that a proof of posting certificate, as used by your seller, is there at each and every Post Office for the asking.

Anyway... don't blame eBay for you choosing to go for uninsured mail, and don't blame the seller either.

  Djohn 01:27 21 Aug 2004

I don't know what the legal position is on this matter but if the seller has posted the item and given you a copy of the certificate of posting then he has done all he can and you will not be able to claim against him. In fact he has not done anything wrong, he followed your instructions.

I do think though that the Royal Mail has some responsibility to deliver safely an Item that has been entrusted to them even by standard postage. Your first move will be to contact Royal Mail with the full details of the item/date of posting/value and a copy of the certificate you have.

They may not have a legal obligation to compensate you but it is something you need to follow up with them, ask them where your item is and why it has not arrived at your address.

  Madpad_001 10:28 21 Aug 2004

If the answer is yes then you have up to 30 days from the date of buying to claim your money back.

I think that you still have a leagal standing though because if you buy something out of a mail order catouloge, the company must send a replacement item out if the first does not get to you!.

But That is only going off my experance hope it helps.


  johnnyrocker 10:31 21 Aug 2004

not correct madpad this is a private deal between two people and as posting proved the seller is under no obligation to supply a replacement, and as rightly posted earlier the blame/claim lies with the transporter.


  GANDALF <|:-)> 10:31 21 Aug 2004

You had the option to insure your item...not too decided not to, the fault is at your door entirely. You will have learned a valuable lesson from this.


  GANDALF <|:-)> 10:34 21 Aug 2004

incidentally....your title is misleading. the seller has done all that was needed of him and even supplied you with a proof of posting cert...which he had no need to get as you chose uninsured. However, as the PO will tell you, proof of posting is not proof of delivery. They have a responsibility to deliver items but as you chose 'uninsured' they had to assume that the goods were worthless and will not be looking at this too closely.


  SDJ 10:56 21 Aug 2004

Lets cut the guy some slack. He is probably feeling pretty sick anyway knowing that he could have insured it. Lets face it though we have all been in a position at some stage whereby we have bought something and that premium delivery charge was just to far out of reach that we go with the cheaper option.

Your title is misleading but at 00:54 I think we could overlook that! If he has provided you with proof of postage then obviously he has sent it. So yes the problem is with Royal Mail. Like Djohn has said they do have a responsibility and whilst Gandalf is right that they probably wont look too closely... if you dont ask you wont get.

We should all be having a go at Royal Mail not the poor guy who has fallen foul of them. I suggest you get in touch with Royal Mail and keep on them until they come up with something.

Its not a solution you were probably hoping for but at least take it as encouragement.

Good luck

  GRFT 11:15 21 Aug 2004

You never know, the lost item could turn up yet. Just keep chasing up the Post Office to do something. I've had several transactions on eBay and any delivery problems has always be the fault of the carrier, particularly if your address is in anyway unusual. The seller is definitely in the clear.

  watchful 12:37 21 Aug 2004

As you have the Proof of Posting, keep on at Royal Mail (as already said above).
You can get a claim form from your local P.O.
I was recently compensated, with double the amount I claimed, for an article which was delivered but was broken during transit.
It may yet turn up and if you pursue the matter it may help Royal Mail discover what happened to the parcel.

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