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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Etsy closed non delivery case in seller's favour


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I bought an item from Etsy about a month ago and since I have been going back and forth with the seller because it never showed up.

 

They showed me a proof of postage with my postcode that they had generated from the post office (no tracking) and this sufficed for them to win the non delivery case.

The seller and Etsy are telling me it is my responsibility since they can show they shipped it.

 

I am new to Etsy but this is a stark contrast to eBay who hold the seller responsible until they can show proof of delivery.

 

I do not know what to do but file a chargeback which I am feeling isn't worth the hassle for £25 but I am furious!

 

They didn't even try to help or contact Royal Mail or file a lost item case at all. I have asked at the delivery office and nothing is being held for me there or misdelivered to neighbours. :-x

 

Non-delivery can only occur when a seller receives payment and fails to ship the buyer's order. It seems that this purchase has, in fact, been shipped by the seller.

 

If the shipment hasn't been received, it may have been lost or delayed in the mail.

We realize this type of situation can be difficult for all parties involved.

 

However, Etsy is unable to hold a seller responsible for shipping delays or errors, as long as the seller is able to prove that they shipped the order. As the seller has provided sufficient proof of shipment, we must close this case.

 

Although the case is closed, you're welcome to work together to resolve this transaction outside of the case system. We recommend that you contact the shipping service for assistance with locating the package.

Edited by dx100uk
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so how much was the item ?

if it was £25 do a chargeback and be done with it.

not worth the hassle of spilt milk.

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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£25. Never done one, could be a pain.

 

Just how are Etsy even in business.

I find it appalling they decided in seller's favour.

That alone would deter me from buying even if my life depended on it!

 

I sell the occasional old unwanted items on eBay and even I, a non business seller know how to chase something up for the buyer if they claim it is lost.

 

I would never send anything too expensive not recorded or insured anyway.

But in this case all they showed was a self generated proof of postage from the PO.

They had even paid less than they charged me to deliver.

 

For 70p more that they saved, we could at least trace it!

But of course, why would they pay more than the bare minimum when any piece of paper wins them the case eh..

Edited by dx100uk
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let 'em get on with it

go do a chargeback its easy.

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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Share on other sites

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