non delivery of ebay items being reported 9 weeks late

[mrscinna]

Hi,

 

I haven't used this forum before so sorry if I am in the wrong place. I was just wondering if anyone knows anything about non delivery of goods being reported to an ebay seller 9 weeks after delivery should have arrived.

 

Basically a friend sold an item on ebay (just their second-hand stuff) and the buyer has just told them that the goods haven't been received but it is 9 weeks later.

 

The item was sent tracked and the courier admit that they didn't obtain a signature (even though they were meant to), but the courier only gives a week to report missing items so they say they cannot give compensation, due to the fact that the missing item has been reported so long after the delivery date.

 

The seller has explained that they are unable to get compensation from the courier so cannot afford to refund the item, and that more could have been if this situation had been raised earlier.

 

The buyer is now threatening legal action against the seller. We are trying to find out what he should do? Can he be sued for the money? He has proof that he posted the item and that he paid for the insurance and for it to be signed for.

 

We can't find any solid answer on the internet and even CAB were unsure.

 

Thank you for reading.

[mrscinna]

Also if this would be suited better to somewhere else and you could re direct me I would be grateful.

[andydd]

I would of thought he would be expected to make a ebay or paypal claim before starting legal action (but they too have time limits), I think there may well be possible defences against a court claim, possibly involving the other parties.

 

It may be possible that the sender still has a legitimate claim against the courier despite what their T&C's say.

[mrscinna]

Thank you for the reply, ebay give 30 days after the expected delivery date to make a claim and I think paypal give 60 days.

 

The buyer has already made it clear that they know that they are too late to claim for a refund via ebay and paypal so they will be going straight to legal action. The buyer has advised the seller to seek advice from their lawyer but the seller does not have a lawyer.

 

Thank you for saying about the courier though, I thought that because he had agreed to T&C's that it meant that 7 days was final and it couldn't be pursued any further.

[BankFodder]

What is the value of the goods?

 

There is definitely a cause of action against the courier – despite what their terms and condition say. They will not be able to rely on their time limit for filing claims because they have admitted that they did not carry out the contract to the extent that they say that they deliver the item but obtain no signature.

 

The buyer has contributed very substantially to the problem here by delaying so long.

 

I would suggest that your best course of action is to let them know that they should claim against the courier themselves – and that you will help them by supplying any documentation they need.

 

Don't tell them this because you don't want to inflame matters – but if they decide to sue you, then I would add the courier as a Part 20 defendant and proceed on that basis.

 

Are you an eBay dealer, or a private individual? If you are a private individual then the case will be heard in your court. However if you are an eBay dealer, then I'm afraid you will have to reckon that the case will be heard in the claimants court and that will cause a lot of additional hassle for you.

[rebel11]

Did you get the following in writing from the courier?

 

'The item was sent tracked and the courier admit that they didn't obtain a signature'

[mrscinna]

The goods were sold for £700 and the item was sold privately not by a business.

 

My friend has already suggested to the buyer to claim against the courier but the buyer does not want to do this.

 

Thank you for your reply though and he will be speaking to the courier today to see if he can get any further with them.

[mrscinna]

I am unsure if my friend has got the admission from the couier in writing but will suggest it to him today. Thank you.

[ericsbrother]

no, it is for the seller to claim against the courier, not the buyer. If the buyer sues your friend will lose because the responsibility to deliver the item lies with him and no-one else. obviously when you employ a carrier you enter into a contract that has certain terms and if one of those is a signature is obtained then the courier has breached their contractual obligations and owes for friend the value of the goods lost.

Best bet is to get buyer to agree to help in recovering the losses by providing statements etc and hopefully agree to refund when courier pays up.

If it comes to a court claim your friend will have to sue courier or just pay up the £700

[andydd]

Could not the courier be joined as a party in any legal action ?

[raydetinu]

The buyer has a claim against the seller for non-delivery; one case, weakened by the time delay unless they have a very good reason, so may not win! Buyer has no contract with the courier so cannot sue them.

the seller must sue the courier for breach of contract ( non-delivery and no signature )- forget T & C.

however seller will need statement from buyer about not receiving goods.

Does seem a bit suspicious though that buyer 1, waited so long and 2. did not report to ebay/paypal. ( which you can do after 5 days ).

As they would have refunded straight away ( well after a further 9 days ) if no signature obtained. ( has to be tracked ).

[IdaInFife]

Agree with Ray ^^^

 

But Ray am removing your last comment, you know why

 

ida x