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Ebay item didn't arrive, seller has claimed it did and provided tracking information.


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Hello all,

 

 

Having received excellent information from you all relating to both banking and employment matters I'm here again with a conundrum relating to an eBay seller.

 

On 6 April I purchased a £20 item (oiled cleaning cloths) from an eBay seller going by the name of Mobile Eys Ltd t/a Wet Nets Angling. Around a month later I realised it hadn't arrived. (My bad, I know.)

 

I raised a request for delivery information with eBay on 18th May and received a letter from Andy, the seller, via RM signed for, asking me if I'd received the item and requesting I close the item not received case with eBay if I had. The seller added postal information to the eBay dispute on 22nd May. I signed for the letter on 24th May.

 

ebay now assumes I have received the item as the postal information provided by the seller is for that letter! I raised it as a claim and was told by eBay that because I had received the item, even if it was an empty envelope, then they had to close the item not received claim and raise a returns claim. Of course, I am now outside the eBay calendar limit of 30 days past latest expected delivery date and they won't let me raise a returns claim.

 

eBay are clearly not understanding the issue.

 

On the 27th May I raised a dispute with PayPal giving them the exact same information that I had previously supplied to eBay, and stating quite clearly that the postal information upon which the seller is relying as proof of delivery is for a letter and not the item. PayPal have ignored this and closed the case because the seller has provided postal information....

 

PayPal have stated that if the received item is not as described I can Appeal the decision. I'm reluctant to do this as I have not received the item!

 

Am I in a position to simply send an LBA to the seller? I have his company name, address, VAT number etc.

 

Are there any pitfalls I should be aware of?

 

I'm kinda annoyed at this guy for appearing to behave fraudulently by letting both eBay an PayPal believe he has sent me the item for which I have signed.....

.. I'm not necessarily out to get him but I definitely want my money back simply because he has been most unhelpful.

 

 

Not one of the messages sent via eBay or PayPal was replied to.

 

Your thoughts, as always, are welcome!

 

Thanks!

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Hi,

Usually Ebay and Paypal will side with the customer. In this case, it looks like the seller has confused the issue by sending the letter and that has been accepted as proof of delivery og the goods. A bit sneaky.

 

I would go back to both Ebay and Paypal and copy them in on the letter and state that as he had your email address, why send a letter by RM signed for? Did you keep the envelope? Is the letter dated? Have you checked out the tracking number via RM?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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That may be a good idea.

 

I have both the envelope and letter. I also have seen the POD with my signature on it. This letter is that which was delivered on the claimed tracking number.

 

Thanks for your input!

 

I've already sent paypal a complaint and am awaiting their response. Perhaps I should copy it to eBay too.

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If you send Paypal the POD as well as a copy of the envelope showing the tracking number, they should realise that this guy is trying it on.

 

I suppose it can't hurt to keep Ebay in the loop as well

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If you send Paypal the POD as well as a copy of the envelope showing the tracking number, they should realise that this guy is trying it on.

 

I suppose it can't hurt to keep Ebay in the loop as well

 

Here's PPs reply...

 

"I apologize that this has happened to you. Although it is possible your item was not received, we are unable to reverse your payment when the only evidence we have indicates the item was delivered to you. We don’t sell or physically ship anything in this case, so we are unable to reimburse you. I would recommend contacting the shipping provider to see what options they may have."

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you have the persons address? then you can send his letter back the same way and use the SNAD dispute or as it is a company you send a lba. Inform trading standards as well

 

I'm out of time for any dispute with eBay...

 

LBA it is then.

 

Just TS or should I contact actionfraud too?

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The library can be found by clicking on the green tab at the top left of the screen. I am not sure there is a Letter before Action template though because each will be different ?

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do a chargeback

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The library can be found by clicking on the green tab at the top left of the screen. I am not sure there is a Letter before Action template though because each will be different ?

 

Thanks!

 

I only needed a little hint at the format and a reminder of some appropriate language...

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you can still do a chargeback

debit card pays paypal account

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I sent the seller one final email, direct to his business address requesting a refund in order to totally satisfy pre action protocols etc...

 

He has capitulated and a PayPal message arrived this morning stating I have been refunded...

 

Thanks for the assistance!

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That's good to hear. well done for persisting with this. Get this transferred back to your card ASAP just in case the seller tries it on again. Now you know where you stand with PayPal. Nowhere! They only time they do care is when it comes to making money.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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