Item not delivered, no card left, returned, asking me to pay postage AGAIN

[paulrockliffe]

I ordered an item on ebay a couple of weeks ago, it hasn't arrived and on querying it with the seller I was informed it had been returned to him.

 

Fedex had tried to deliver it when i wasn't in, didn't leave a card and returned it. Now I'm being asked to pay the postage costs again.

 

It is likely that Fedex didn't leave a card because I live in a block of flats, though if they had rung all the door bells someone would have let them far enough in to post a card.

 

The seller says that because he emailed me the night before to tell me it was coming the next day by Fedex, that it's my fault that I wasn't in.

 

To my mind, a few hours notice isn't enough and if Fedex chose not to inform me of the delivery attempt there was nothing I could have done to facilitate the delivery, so I don't see how I am in any way liable for there return postage costs.

 

Advise? I checked the Distance Selling Regs, but there wasn't much in there to cover my situation, any one know what Law I can rely on to tell them to **** off?

 

Cheers

[buzby]

Difficult. The seller did despatch the goods, but your location and the courier conspired so that you did not receive the item into your hands. Since the seller clearly has already paid for the shipment, and is under no obligation to advise you when the delivery is expected (as it may not arrive as predicted) if it was taken back to the depot to await your call, why was this not queried at the time?

 

Since the seller is going to have to pay once more to ship the goods, it does seem reasonable for him to make a charge for it, hoerver I would suggest a different carrier is used (RM tracked, for example).

[paulrockliffe]

It's not difficult at all I dont think, the seller is obliged to get the goods to me, if he uses a duff delivery company, then that is his problem. Fedex didn't leave a card for this failed delivery, or make any other attempts to let me know they had tried to deliver, so it is their fault that I didn't make arrangements with them for a redelivery. But the responsibility to put this right lies with the seller and it is for him to pursue Fedex if he has the inclination.

 

I'm after the legal argument to back up my assertions if anyone can help with that?

 

It wasn't queried at the time as I buy a lot of things from ebay five or six items arrived that day and Fedex had managed to deliver something, so I didn't bother cross referencing things to check that everything was as it should be.

[buzby]

Ah, contributory negligence!

 

The bottom line remains, if you don't pay, the seller will refund the cost of the item less the postage paid for the aborted delivery. This will leave you without the goods and out of pocket. You don't say whether this was an auction item or purchase from a trader or private sale? This will make a considerable difference to the relevance of the DSR.

 

However, what happened cannot be undone, but if the seller refuses to pay again, raking the matter to court wouldn't guarantee success either, if that's the plan.

[paulrockliffe]

I realise what will happen and have no intention of going to court, for info, the item was £12 and postage was £5.50, so really not worth it. I just consider it very cheeky that the seller is asking me to pay again for a situation that I've had no involvement in.

 

The seller sent me this:

 

"

good afternoon sorry your incorrect we have a obligation to deliver the goods as you are rightley requesting we have done that you will have recieved a email the night before despatched when the goods are arriving and which courier used

as you can see we have done everthing we are required to do in any law,, the goods have arrived back with us we are requesting a further payment os 5.50 to redeliver the good to your new address as you have stated their will be somebody in at that location all day"

I would like a counter argument with a legal basis. Obviously I am disputing their statement that they have delivered because they haven't, it's an issue they need to take up with Fedex, not me.

[hightail]

Were you asked for your phone number by the seller? It's often a requirement for couriered goods. If you were then it's fairly obvious that the courier didn't make a reasonable attempt to deliver.

 

If you paid by Paypal then open a dispute to get your money back includig P&P. Paypal will sometimes side with the seller if an item has been sent back after reasonable attempts have been made to deliver or held in a sorting office for collection but one alleged failed attempt is hardly reasonable. It's not totally unknown for couriers to claim they attempted delivery, the lack of a card is often the giveaway.

[gyzmo]

Is it a private seller or a business? DSRs may apply if not a business and not an auction.