Ebay issue - courier says delivered. Nothing received ! *Refunded by PAYPAL*

[2ltr16valve]

My partner has issue at the moment with eBay and a seller.

 

She ordered a cordless 18v lxt makita skillsaw which was out for delivery yesterday with uk mail. She was at a funeral all day yesterday in clacton (we live on Essex/London border) so couldn not have possibly of signed for it at 1700 when the tracking states.

The online form just says signed for by "xyz". Xyz being her first name, which would have been on the package I assume.

 

The eBay seller is saying, nothing I can do. It was signed for.

 

eBay on the phone are saying it will be decided in sellers favour as signed for.

 

Was paid through PayPal £144, but using a MasterCard credit card. Which I read offers no protection ?

 

What can we do ?

[2ltr16valve]

Anyone ? :-/

[aburobert]

I believe you can make a chargeback through your credit card.

 

But before doing that you need to see the 'proof' this item was signed for by and by who. So I would contact the seller asking for this first before doing anything else. But do not be confrontational - unless you have already been - because you want a helpful response at this stage.

 

Remember it is the seller's responsibility the item gets to you safely. His agent - the courier company - has told him the item has been delivered and that they have a signature. You need to see this. Also check the package has not been left somewhere on your property - like a dustbin, outhouse or similar or been left with a neighbour.

[2ltr16valve]

This is part of the problem. The seller is being obstructive, they clearly think that as there's been a signature their side is fulfilled.

We have asked 4 times now for proof of delivery proof, a copy of the signature. They have provided nothing and just stick with letting eBay decide! We all know where that will go.

Nothing left in a bin or anywhere. I've checked my cctv and there wasn't even anyone come between 1630-1730 when the delivery was meant to have been made at 1700 !

I will be providing this to eBay,

[SabreSheep]

Do you have a postal address for the sender

[2ltr16valve]

Do you have a postal address for the sender

 

Only what it shows on eBay. No door number. Just road and postcode.

Can check Paypal later see if it shows anymore details.

[citizenB]

On your ebay summary the seller should have entered the tracking code. You could use that to look on the Track n Trace page and obtain a copy of the signature.

[2ltr16valve]

On your ebay summary the seller should have entered the tracking code. You could use that to look on the Track n Trace page and obtain a copy of the signature.

 

We have done. It looks like just a printed name as above 'xyz' being her first name. She uses her signature for things and never prints her name.

[obiter dictum]

It is almost impossible to do a signature on the PDA these couriers carry

 

The most you can expect is a printed name that looks like your 7 year old has done it

[2ltr16valve]

It is almost impossible to do a signature on these PDA the couriers carry

 

The most you can expect is a printed name that looks like your 7 year old has done it

 

In which case it would be her initial and surname.

 

Seems to me the courier has had it away, as there is nothing on cctv !

[SabreSheep]

If she has solid proof that she was not there at the time of delivery and noone else was (CCTV) then I guess there would be a small claims option, however you would need sellers address, unless you could sue ebay

[2ltr16valve]

If she has solid proof that she was not there at the time of delivery and noone else was (CCTV) then I guess there would be a small claims option, however you would need sellers address, unless you could sue ebay

 

 

She has plenty of witnesses, she was at a funeral.

I was here with baby for most the day but cctv covers the front door also so shows nothing received.

I can pull half hour either side of the delivery time easy enough and send it to eBay ?

 

 

 

This is the same item - http://m.ebay.co.uk/itm/201130291127?

[obiter dictum]

The PDA will have a GPS location device fitted to them

 

As soon as the courier accepts the signature that signature and GPS position is uploaded to a central server. That is how people can check deliveries etc in real time.

 

You need to be requesting if possible, and i stress if possible that GPS location recorded at point of signature. I very much doubt they will give you that unless through a court order

[2ltr16valve]

The PDA will have a GPS location device fitted to them

 

As soon as the courier accepts the signature that signature and GPS position is uploaded to a central server. That is how people can check deliveries etc in real time.

 

You need to be requesting if possible, and i stress if possible the GPS location recorded at point of signature. I very much doubt they would give you that unless through a court order

 

We've sent uk mail a email to request the actual pda data.

So furious that eBays attitude is that, there's a signature

So we decide in sellers favour. Even when it's disputed ! The seller knows this full well, so is refusing to help and Leaving it to eBay.

 

All the while we have no item and less the money for it.

[2ltr16valve]

Well well well.... !

 

Email this morning from ebay resolutions ....

 

The case has been closed in the sellers favor, as the seller provided a tracking number that proves the item was delivered to you.

 

 

ARGGHHHHH !! this is the whole point ! it was NOT delivered to me.

 

Ebay wont accept my cctv apparently as they say it could be "edited" WTF ? its time and date stamped.......

 

Where do we go from here... ? UK mail are investigating, but as expected are not doing anything much !

[obiter dictum]

My own opinion is to write to UK Mail and the seller as a joint defendant a 14 day letter before action but wait for more replies first.

 

Your contract is with the seller, not the Courier company but as they are saying it was delivered with a mickey mouse signature they are fair game now

 

You have now followed the dispute resolution process with ebay, you just need a response from UK Mail now staiting that you will be instigating a claim in the civil court with costs for full redress by recorded delivery

 

But do not make that claim unless you are prepared to go through with it

[aburobert]

As you are positive you have not received the item then send a 'letter before action' - use the Small Claims court to get your money back. The seller will then have to prove you received the item and that the signature they have is yours.

 

But do not do this unless you are you prepared to go through with the small claims action.

 

You may suddenly find the seller becomes more cooperative - remember the courier is his agent not yours so he will have to obtain proof of delivery from the courier company in order to try and defend himself. If you did not, or no one in your household, signed for the item the seller will find it very difficult to prove it was delivered.

[2ltr16valve]

As you are positive you have not received the item then send a 'letter before action' - use the Small Claims court to get your money back. The seller will then have to prove you received the item and that the signature they have is yours.

 

But do not do this unless you are you prepared to go through with the small claims action.

 

You may suddenly find the seller becomes more cooperative - remember the courier is his agent not yours so he will have to obtain proof of delivery from the courier company in order to try and defend himself. If you did not, or no one in your household, signed for the item the seller will find it very difficult to prove it was delivered.

 

No one here signed for it, nope. The signature isn't even a signature as such. Just my partners first name, which would have been on postage label !

EBays advice is to claim from credit card with a chargeback. Great for them as just leave Paypal overdrawn so they win either way.

 

Also, apparently buyer protection only needs a signature for over £750 on delivery. Don't matter who signs or just squiggles or writes anything for things under that amount ... They would decide in favour of seller.

[havinastella]

This is one of my biggest bug bares. A few months ago I ordered a new laptop and phone, both were meant to be delivered to my Mum's and she stayed in all day waiting. I received an email stating the items had been delivered (two seperate days) and my Mum had signed for them.

 

The signature was just a scribble and was nothing like my Mums signature that is very neat. Both sellers, Virgin Mobile and PC Specialist refused to do anything as there was a signature.

 

I went mental and drove over to the delivery depot to speak to the thieveall Manager and show him a copy of my Mums signature and the signature they had. He decided to investigate and two days later the items turned up. They had been 'Misdelivered'

 

Both items had a man made hole in them and were of high value. The driver was later on arrested for theft over other items.

 

There was no way I should have been doing all the investigations, but it was the only way to get my items without starting court action.

[2ltr16valve]

This is one of my biggest bug bares. A few months ago I ordered a new laptop and phone, both were meant to be delivered to my Mum's and she stayed in all day waiting. I received an email stating the items had been delivered (two seperate days) and my Mum had signed for them.

 

The signature was just a scribble and was nothing like my Mums signature that is very neat. Both sellers, Virgin Mobile and PC Specialist refused to do anything as there was a signature.

 

I went mental and drove over to the delivery depot to speak to the thieveall Manager and show him a copy of my Mums signature and the signature they had. He decided to investigate and two days later the items turned up. They had been 'Misdelivered'

 

Both items had a man made hole in them and were of high value. The driver was later on arrested for theft over other items.

 

There was no way I should have been doing all the investigations, but it was the only way to get my items without starting court action.

 

I've made complaint to uk mail Ceo, who are looking into it. Not very well i must add.

 

Really peeves me off that just cos there's a name on the tracking no one wants to know !

[CrappoMan]

Dont threaten to issue a small claim, just make a chargeback through your credit card.

But before you do, 'disassociate' your paypal account from the ebay account, change your email address/personal details, as you will have to start a new paypal account.

As part of the 'investigation' you will get any delivery details sent to you.

[2ltr16valve]

Finally got a refund of Paypal after appealing the appeal !!

 

Ukmail finally confirmed that the parcel was not delivered here in writing, only after calling the Ceo on a direct number I found online !

 

The seller is still as obstructive as ever and all the more rude ! They were issued a credit note from their courier on 19th yet on the phone today refuse to refund as they want to wait for it in the post - which isn't being sent as its online !

 

Anyway, after uploading the email to PayPal and my wife phoning them they refunded and confirmed the seller has no appeal as the email is definitive proof.

[SabreSheep]

Good result

 

WIll change title to reflect