Could really do with some advice on unreceived ebay goods

[helpmepleeze]

I ordered an item from ebay over a year ago now but have never received it. It was a lovely french armoir costing £400.17. I chased it up and was given various excuses for non-delivery but was always told it would be with me shortly. Eventually I stopped receiving responses my "chase-up" emails. Ebay said there was nothing they could do as it had gove over the 45 days and so too, PayPal. It was suggested by both Ebay and PayPal that I go through the Police. So I did. I informed the seller that I had been advised to do so. Still nothing. The Police became involved. I offered them all my bank details and PayPal details confirming that I had made payment. I gave them copies of all emails from and to the seller in question, including all my unanswered ones. Eventually the Police obtained a number for this person and spoke to her direct. She was very apologetic and was prepared to speak to me so that the matter could be sorted. I tried for weeks to speak to her. My calls either went unanswered, my voicemails ignored or I was told (by the mother) that the seller was out ... and eventually (apparently) she had moved away completely. The last few times I tried to question why the seller was always out and I was rather abruptly hung up on.

I got back in touch with Police who followed it up further. She hadn't moved away at all and also told them that she was willing to sort this out. The seller accused me of harrassing them ... though the police backed me up on this and said I had every reason to try to contact them to get my money back. (Incidentally, I haven't actually harrassed anyone because no-one has actually spoken me, thats the maddening thing.)

The Police were told that as far as the seller was concerned, the item had gone out with her courier company, why it never got to me she has no idea. The Police have told me that they are not sure what the next step should be (really?). I think that the seller needs to provide details of the courier company it went out with and proof of delivery details. As it stands the next step is now down to me. I have been advised to get legal advice and to go through a Small Claims Court.

However I seem to be coming up against a brick wall. I was told by a solicitor that it would cost me £100 to speak to them initially and that I wouldn't be able to claim that or any other cost back. Is that right? Is there really nothing I can do? I would love to know what my next step should be as I really don't think this person should be able to get away with basically stealing money from me.

I am grateful to anyone who can offer me some advice on what my next steps should be.

[rebel11]

Hi Help

 

Welcome to CAG,

 

You've come to the right place, the guys will respond shortly. If you buy anything, make sure you chase it up within 14 days.

I think the small claims court is the only course of action. But you need to write some letters to give her a final opportunity to deliver the goods.

Also get all your info together.

[helpmepleeze]

Hi Help

 

Welcome to CAG,

 

You've come to the right place, the guys will respond shortly. If you buy anything, make sure you chase it up within 14 days.

I think the small claims court is the only course of action. But you need to write some letters to give her a final opportunity to deliver the goods.

Also get all your info together.

 

Thankyou for your reply.

 

I had to wait 28 days for delivery which took me over the 14 days. Once the 28 days were up I started chasing up but was given various excuses ... courier had gone bust; weather. By this time it had gone over the 45 days that allows Ebay and PayPal to become involved too. I have a lot of info that it is currently with the local Police. This was probably done on purpose and I fell for it. I have certainly learnt a lesson.

 

I don't have a proper address only an email address and a telephone number. I could send another email but I haven't had any response to most of my emails that I send. I have also emailed them and rang them every step of the way (before going to the police, and when I was advised to go to the small claims court) in the hope that they would still deliver the goods ... but to no avail. I think when proceedings start I will inform them as I think they are hoping I won't go that far. I'm still unsure how to approach the small claims court. I have had no legal advice, I don't know what my rights are, what costs I may have to pay out and whether I can claim this money back. I don't want to lose out any more money but neither do I want them to get away with this.

[rebel11]

Hi help

 

You need to track the sellers address down. Where are the court going to send the relevant documents? Have a word with E-bay see what they say. Have a word with the police, they are good at tracking down addresses. As soon as we get the sellers address we will send her a letter, telling her that she will have to pay court costs and interest and that Trading Standards are

also looking into the matter.

 

Heres a link for Consumer Direct - they can put you through to Trading Standards. If we can locate this seller we can see if the local Trading Standards have had any complaints. http://www.consumerdirect.gov.uk/

 

Have a read of the guidance notes, the form you have to fill in is N1, but it does require the sellers address.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=F569279315DCBEC478C36CE5EE6034AE

[ashmk]

This post really needs to be moved to the correct forum. I don't know why its in the website suggestion forum.

[rebel11]

Thread moved.

[helpmepleeze]

Thank you for your help. I will contact the police to see if they can provide with me address details.

[barracad]

Thread moved.

 

Be useful if you killed the redirects too!

[helpmepleeze]

Hi help

 

You need to track the sellers address down. Where are the court going to send the relevant documents? Have a word with E-bay see what they say. Have a word with the police, they are good at tracking down addresses. As soon as we get the sellers address we will send her a letter, telling her that she will have to pay court costs and interest and that Trading Standards are

also looking into the matter.

 

Heres a link for Consumer Direct - they can put you through to Trading Standards. If we can locate this seller we can see if the local Trading Standards have had any complaints.

 

I am sorry it has taken me some time to reply but it hasn't been easy getting hold of all the relevant information. The paperwork I had originally given to the Police (proof of payment, proof of receipt of payment, contact via email with said company) has been sent away and I have had to write to the Police Head Quarters in order for this paperwork to be released back to me..

 

The Police have tracked down the address of this company/ebay shop but I have aslo had to write to the Police HQ to ask for permission for the address to be given to me. I am waiting to hear back.

 

What should my next step be once I receive the address and necessary paperwork?

 

Thank you so much, in advance, for your help.

[rebel11]

Write a LBA letter, give them 14 days to refund in full, tell them that you will submit a claim to the county court to resolve the matter, send it Recorded.

There are Templates that you can amend on the Consumer Direct site. Make sure you select the correct Template.

[helpmepleeze]

Thank you so much rebel. Please excuse my ignorance, but wha is an LBA letter?

[postggj]

Lba

 

letter before action

 

any joy with the courier company details

[helpmepleeze]

Thank you again. I did ask the Police about the courier details but they hadn't taken the investigation any further and it was at that point that they said it was now down to a Small Claims Court. I am thinking that I might get in contact with them again to ask about finding out these details or I could leave it until I can pass the ebay shop owner's address on to the relevant person who is taking over the dispute. What do you think I should do? I really appreciate your help,

[judgejudy2011]

You should win any case as its up to the seller to prove delivery not just despatch. Remember to add the court fee/costs to the claim amount you are requesting.

[helpmepleeze]

Thank you judgejudy. To be honest I don't think the item (which is a large Armoire by the way so not exactly easy to lose) even went to the Courier. If so surely they would have told me this from the start and not avoided my contact. They would have also told the Police this when they contacted them the first time, which they didn't. I also believe that they would have provided us with the Courier details if that were the case so that we could take the dispute up with them. Their actions (or rather non-actions) and lack of information is telling me that they are just trying to pass the buck. They have absolutely no intention of giving me the item or my money back and judging by the way I have been treated (ie. ignored and hung up on) they have no remorse over this situation. If it wasn't their fault I am sure that they would have been more forthcoming and helpful so as to clear their own name. They just don't care. They think they have got away with it.

[Dotty50]

Hi helpmepleeze,

 

Isn't it possible for you to get all the contact details of the seller from ebay?

 

I had a problem once with non-delivery (only a small item) but I was able to access the contact details and resolve the issue.

 

If it's an ebay shop then surely ebay should at least offer the address, in order for you to pursue the matter?

[helpmepleeze]

Dotty, I understand what you are saying and in most circumstances the sellers often show their address on the description of the item they are selling. This wasn't the case with the item I bought. Mostly, however, contact is done via email but, as I mentioned below, the seller stopped anwering my emails.

 

Originally they were apologetic and kept me informed of why delivery was late (bad weather, change of courier company etc). Eventually all correspondence from them dried up and it was at this point I got in touch with ebay. However they told me that a dispute has to be opened up within 45 days of purchase and because it had gone over the 45 days they could not (or rather would not) get involved. I would now have to take my dispute up with the Police. For that same reason ebay would not give me the address of the seller. I was told, again, that it would have to be done through the appropriate channels (ie. the Police). Even the Policeman dealing with my dispute told me that it had proved to be a long-winded process.

 

I have since been in touch with the Police asking for the address but because of Data Protection I have to write to their Head Quarters asking for permission for the address to be passed on to me.

[Dotty50]

Is the shop still trading on ebay?

 

Do they sell anything cheaper?

 

I would be looking at a small purchase, possibly via a friend, if you know what I mean! Others may say this is bad advice but if I had lost this amount of money I would try anything (within the law)

 

Is there any recent feedback showing problems?

[helpmepleeze]

On ocassions I tried looking for any other items listed for sale by this seller but there wasn't any. They had still recently been selling though because I checked their feedback. Unfortunately apart from the odd one or two negative comments their reputation was pretty good. However, the negative feedback was in fact rather bad feedback with the item not being received,trouble getting in touc with them, a dispute being opened and only then receiving their item. I am guessing that the dispute was opened through ebay within the specified 45 days and was sorted out pretty quickly. It was a smaller item (a mirror, I believe, but I could be wrong). There was a response from the seller regarding the negative feedback claiming that they had kept them informed at all times of the delay and the delay being down to bad weather. However, I haven't checked recently. Maybe I should. Thank you.

[Dotty50]

Another thought, if they are selling anything at the moment (or if not, I would keep monitoring) do they accept returns?

 

If they do, I would consider buying another item (not too costly), which would then give you their address and go from there.

 

You could return the goods, get a refund and then pursue for the missing goods.

 

I also think that ebay should assist and would be pursuing this further. If there is a known problem with a seller, which there appears to be from the feedback. They should be addressing it!

[helpmepleeze]

Well, I have had to write to the Dorset Police Head Quarters to get my file returned as it contains all the relevant paperwork (proof of purchase, proof of payment and emails) as well as pemission for the seller's address to be given to me so I might as well wait to see what that brings. I can't go ahead until I have all the paperwork anyway. It took me ages to look up and collate all the relevant proof and information needed. I'm not sure that I can even get into my old email system anymore. Oh how I wish I had taken photocopies or printed off more than one copy.

 

If I don't get any joy then what you said above is most certainly an option.

 

I have to say I am very disappointed that ebay have not got involved with this in anyway. Sadly the seller has more positive feedback then negative but it certainly seems that they have put at least one other person through this but because they reported it within 45 days ebay took up the dispute. As there was a 21-28 day delivery on my item I was already half way through the specified 45 days before I even needed to think about opening up a dispute. By the time I opened up my dispute all details of my "bought" item had gone, along with the option of leaving any feedback and even if I did leave feedback the seller can then leave a response. They seemed to have a valid reason for the delay in the other buyer's situation and at the end of the day this buyer eventually received their item.

[helpmepleeze]

I want to thank everyone for their advice so far. I have now (at long last) received all the relevant papers from the Police, including the address of the seller.

 

I'm really not sure what my next step should be. I understand that I should send the seller a LBA but should I get legal advice before doing so?