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Ebay - buyer protection fails

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I bought an item on ebay, and it did not turn up.

 

I asked the seller to track it, and the seller got back to me to say that the item had been left with neighbours, but the courier was unable to state which neighbours.

 

None of the neighbours had it.

 

I therefore wanted a refund, and had to put in a buyer protection claim.

 

Ebay refused to refund me, as the item was delivered within the "allowable distance".

 

I was utterly gobsmacked, I have confirmation from the seller that the item was not delivered to me, and yet ebay say that because it was delivered somewhere close to my house I am not entitled to a refund?

 

The amount of money involved is small, too small even for the small claims court, but the implications are huge. This was a cheap item, but I have been relying on buyer protection when I buy expensive items. Ebay appear to have changed the rules, if the item came somewhere near your house, and the courier can prove that with GPS, you will not get a refund - even if the courier and the seller both state that the item was not delivered!

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It should be signed for, to confirm it was delivered. No signature then no prove it was delivered., however it has been known for couriers to sign it!

Also the courier or postie should have left a note telling you the house no.it was left at.

And they should not do that unless specifically agreed they could do that.

Have you checked they do have a signature?

If you do not wish to take seller to court then the only thing to do is give bad feedback!

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They have a signature.

 

Apparently, the neighbour shares my name as the signature is in my name, despite the tracking showing that the parcel was left with neighbours. The house number where it was left, and the signature, are illegible.

 

 

There was no card left.

 

 

 

My main concern was actually that the ebay buyer protection has been changed, from the advertised "your item or your money back" to be a "if the item was delivered within a certain radius of your house we won't pay".

 

That means that there is no cover for items left in the garden and stolen - the courier GPS would show they were near the house. Neither is there any cover for items left with neighbours that then vanish, or the item handed to the casual stranger in the street.

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I don't think eBay have changed their policies at all.

 

They simply look at the online tracking - if it states delivered and it's been signed for its enough for them. You case is with the seller who should then take this up with the courier company - after all is said and done the seller paid for the service and the contract is with him.

 

If you can prove non delivery you are entitled to a full refund. You simply have to decide if it is worth the hassle of pursuing a claim against the seller. If it's only for a few pounds it's probably not worth the effort or expense simply to prove a point - but that's up to you.

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The online tracking does not state delivered, it states left with neighbour.

 

The seller confirmed, through ebay messages, that the item was delivered to a neighbour, ebay CS read that message to me.

 

They have also looked at GPS (I assume), and decided that the courier was close enough.

 

If the courier was near your house at the time they state delivered that now counts as proof, and I feel that is not good enough.

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You say cost is too small for a claim at court but I don't believe there is a lowest limit, clearly you would have to pay a fee but this could be recovered if you were successful, if the courier (or the ebay seller) cant actually give an address it was delivered too this would be favourable for you to win.

 

Id be tempted to go down this route, send a letter before action first.

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Sending a letter before action requires paying out for postage, and for such a small claim it really is not worth it.

 

Email Before Action then :)

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For small amounts some ebay businesses will just send again in order to avoid negative feedback

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Do you know what courier was used - might be worth naming them !


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The courier used was UK Mail.

 

They must have an arrangement with ebay where ebay can see more tracking than the normal consumer, as the CS rep was able to see that the courier had been within an "allowable distance". There is also a house number where it was left, this is not readable, a signature, not readable but the courier has filled in that it is signed for in my name. (How likely is that, when it was left at the neighbours?).

 

The seller confirmed all of the above to me, and to ebay.

 

 

I am still amazed that ebay can change buyer protection to be "allowable distance" even when there is evidence that the item was not delivered.

 

 

Rather more seriously, I have the buyer protection claim denied on my record. Ebay have never stated what the implications are, but I suspect that it is treated as a potentially fraudulent claim, so I am more likely to be turned down in the future.

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Update - I have had a refund from the seller.

 

However, it still leaves me with no confidence in ebay, the seller did not have to refund.

 

 

Ebay without buyer protection is not safe, there is no way of getting the sellers name and address unless it is on the listing, ebay will only give the phone number and town.

 

It also leaves me with the "false" buyer protection claim on my ebay record.

 

 

I have learned my lesson, don't buy via ebay unless you are prepared to gamble on whether you get your item.

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Whilst I understand your frustration, millions or purchases / sales are made on Ebay every year, the percentage of complaints appears to be comparatively small.

 

The seller has probably refunded you in order not to have negative feedback themselves.


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Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

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4: Staying Calm About Debt

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ultimately it's not the sellers fault the courier didn't do his job right. However how they handle your complaint is their issue. You got refunded so thats the main thing, most wouldn't bother.

 

You can get a sellers details even if they are not listed on the page. You need to click the 'request sellers details' link somewhere on ebay, i forget where.

 

If you want to fire a complaint to UK Mail then this is the guy - guybuswell@ukmail.com.


Ash.

 

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Paypal buyer protection is still available, although I understand that your (and my) concern is that the Ebay response described appears to be entirely unreasonable.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

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If you "pull" the sellers details you get the town, and a phone number.

 

You no longer get the address. The phone number is permitted to be a mobile, ebay no longer insist on a landline being provided.

 

Of course you could phone the seller and ask for their address, but I can't see that working.

 

It used to be possible to get the seller address by ticking "cheque" during check out, then paying by paypal, but most sellers only take paypal now.

 

Ebay have always argued that buyers don't need the seller's address, as buyer protection is there to protect them, and ebay will get the money back from the seller.

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