I am new to the forum , it has been recommended by someone who has used this before, so I thought I post my problem and see
If someone knows what the legal position is in such a case.
I sold something on ebay (private seller) on the 10th of January this year
The item was paid for straight away by the buyer through paypal
I shipped the item tracked and insured with Hermes on the 11th of January
Destination Manchester
The tracking stopped on the 12th of January just saying ‘entered Hermes network’ then nothing.
I raised a query with Hermes a week later after the buyer asked where her parcel was
Hermes reply said they searched for the item and couldn’t locate it, so they send me a claim form to claim for loss
Which I completed and returned to Hermes
The buyer also asked for a refund as she didn’t want to wait any longer, she didn’t open a case through ebay, so I simply refunded through paypal direct
I had no credit balance in my paypal account at the time , so paypal funded the refund through my bank account (direct debit) and issued the buyer with what they call an e –cheque
Which apparently takes 10 working days to clear (although they take the money through direct debit after 48 hours out of the bank account ,but then do not pass it on to the recipient for almost another week)
Whilst this e-cheque was processed / clearing, the buyer opened a case through her bank claiming the transaction was not authorised, i.e. she tried a reversal.
Paypal initially put this on hold, saying she already had a refund and no action was required from me, but then changed its mind a few days later saying I have to provide further details.
I provided copies of my communication with the buyer about the lost parcel, the ebay transaction and the paypal transaction and the tracking details with Hermes.
Paypal is still investigating this, the e-cheque has since cleared and the buyer had her refund, but the paypal case is still open about the unauthorized transaction.
They told me if they find in the buyers favour they will debit my account with the disputed amount, but the buyer already had a refund, so I hope they wouldn’t issue her a second refund
So at this point I was waiting for Hermes to refund me for the lost item, but I have not heard anything and when I checked the tracking again this morning I was surprised to find the parcel has since been delivered to the buyer !! That was today.
I am now at a loss as to what to do.
Hermes won’t pay out on the claim as they will say they have (albeit late) delivered the item
For ebay the item was refunded and I can’t open a case for item not paid for anymore.
For paypal this is still a case of an unauthorized transaction
The buyer is the winner having now got my item and her money back.
Is she still obliged to pay for the item at this stage ?
Does anybody know if she can now just keep the item for free ?