Bought an Ebay iphone for +£1000, shows i signed RM delivery - i didn't!! Section 75 claim?

[Irt8787]

Hi would like a quick advice pls. 

Bought an iPhone on ebay for over £1000.

paid with paypal credit.

it was sent by Royal Mail signed for.

 

tracking said it was delivered and signed for today by me, which is not true as I was at work during midday, and it wasn’t my signature. 

I had already filed a INR dispute on Paypal against the seller a few days ago as he stopped responding to me after payment and his account was suspicious.

lost the dispute as the seller had provided tracking showing info as above. 

 

I stand to lose over 1 grand with no product to show.

I am thinking of filing section 75 claim against Paypal credit and hold them jointly liable for the purchase gone wrong. 

 

What do you guys think?

Have I misunderstood my rights under  Consumer Credit Act, or should I proceed?

[fkofilee]

Interestingly - Paypal Credit is one of the only things you can do a reclaim with. 

I would suggest doing it - As INR is more than a good enough reason to void it. 

But problem is how do you prove it. 

 

Do you have the delivery address / proof from RM about it being delivered? 

[Irt8787]

I don’t quite understand what you meant.

RM tracking showed item was delivered at 12.21pm with a signature which wasn’t mine.

There is nothing else otherwise. 

[honeybee13]

Hi.

 

Have you taken this up with Royal Mail at all? I'm not sure how you're meant to know where the package was delivered to when it was signed for.

 

HB

[Irt8787]

 

you are absolutely right.

I have just been to my local DO and they told me that the item was delivered to another address, and it was not a parcel but a letter.

 

looks like I have been scammed on ebay.

the only issue is to get paypal to believe it. 

[honeybee13]

That's awful if it's a [problem]. At least you're getting to the bottom of this, people here will advise on the best approach with Paypal.

 

HB

[Irt8787]

I have contacted PayPal again and asked them to reopen the case. Awaiting response. 

 

Contacted Royal Mail who will start investigating and send out findings to me within 10 days.

This will likely collaborate my story.

Also filed a crime report with action fraud police. 

[honeybee13]

Good move.

 

HB

[Irt8787]

PayPal has agreed to reopen the case. I think the investigation report from RM will be the deciding factor here, hopefully they send it to me asap. 

If the appeal fails then I wonder if section 75 claim would work. 

[ericsbrother]

have you tried to get the letter from the other address? that will be usful as evidence. the terrible thing si that RM wont give out the address they deliver to  as they claim it is against the GDPR. Work that one out- we deivered to a neighbour without your permission but we wont tell you which one

[Irt8787]

1 hour ago, ericsbrother said:

have you tried to get the letter from the other address? that will be usful as evidence. the terrible thing si that RM wont give out the address they deliver to  as they claim it is against the GDPR. Work that one out- we deivered to a neighbour without your permission but we wont tell you which one

 

I didn’t think of it at all. So should I go knocking on the door and ask for it then? The problem is that the postman told me it was a letter so I’m afraid it might have been thrown away

[dx100uk]

the delivery of a letter instead of the ebay item by RM is quite a common ebay sc@m trick

so I think you are right.

[Irt8787]

I have been in contact with someone from the PayPal executive escalations and he told me today that the seller has provided proof of posting/postage to the correct address and that the decision might not be in my favour. 
 

how is it possible for a seller to provide RM proof of posting if this is a [problem]? I’m so confused. 

[dx100uk]

its how the sc@m works

they send a LETTER not the ITEM by RM tracked

 

geddit yet?

[Irt8787]

18 minutes ago, dx100uk said:

its how the sc@m works

they send a LETTER not the ITEM by RM tracked

 

geddit yet?

I know what u meant. Since they have sent the item they can provide a valid tracking code. However it was delivered to another address in my area according to my local delivery office. So I don’t understand how he could have given PayPal proof of postage showing my address on the receipt, and link that with the tracking code he provided. 

Edited November 4, 2019 by Irt8787

[Irt8787]

I just been to the address where the my local DO claimed the item was delivered. It was a corner shop. The owner told me that he it was a letter that he opened right away and it was a blank paper. He has disposed of it so no luck there. 

[dx100uk]

What do mean by no luck?

on what?

you've been had by one of the oldest ebay/pp tricks in the book.

 

so now go tell your pp executive that 

why not get a signed statement from the shop owner?

[Irt8787]

I have already explained my suspicion to PayPal. They have reopened the case because I provided a crime report. They have asked the seller for additional info and I was told today that he managed to provide RM proof of posting with the correct address, and with tracking code showing delivery. 
 

I don’t understand how that’s possible, as I did not receive anything. He didn’t post the item to me. It was to another address. 
 

I know it was a [problem], but is now having more difficulties proving it. Hopefully RM provides me with their investigation report ASAP. 
 

I not sure a signed affidavit from the shop owner will help. I can certainly ask him. 

Edited November 4, 2019 by Irt8787

[dx100uk]

Reply with what you've found out today.

 

Why not do a section 75 claim to pp credit card?

They are equally responsible under section 75 of the consumer credit act

[Irt8787]

is that an option?

I don’t know if eBay purchase is eligible,

and how to proceed with it.

[daisy387438]

Sometimes paypal only requires that the parcel tracks as delivered by the recipients local delivery office in the general area, but it sounds like in this case they have checked the address on the receipt the seller provided.

 

The only thing I can think is that the seller could have photoshopped your house name and/or postcode onto the proof of postage receipt, which paypal would not be able to know was fake, but royal mail would probably know.

 

For example if your have a similar postcode to the corner shop perhaps he edited just one letter in the postcode and the property number which could be possible for someone with basic editing skills.

 

Royal mail may be able to tell you the house name/number and postcode it was shipped to from the tracking number but whether or not they will give out that information without a fight , I am unsure.

 

It is worth nothing that if sent via signed for letter the weight limit is 100g so could not go by letter post. 

Weight limit is 750g for a large letter- an iphone could fit within the 750g weight restriction of a large letter however the royal mail requires a large letter to be no more than 2.5cm thickness which an iphone would certainly exceed.

Therefore it's impossible that the seller has shipped an iphone if he has used letter post.

 

Ask paypal to check the exact service used by royal mail

- it would have to be small parcel or larger to accomodate an iphone and also have paypal check the weight on the proof of postage.

 

If the receipt shows letter or large letter , or a weight below that of that particular model phone then it's certainly evidence in your favour.

 

Letter	100g	24cm	16.5cm	5mm
Large Letter	750g	35.3cm	25cm	2.5cm
Small Parcel	2kg	45cm	35cm	16cm
Medium Parcel	20kg	61cm

 

Is there any possiblity that the shop might still have the envelope in their bin that could be gone through and located?

That envelope would have the sticker, address and the tracking number on it and possibly even a 2D/QR delivery code also.

 

The only other thing I can think of is to question your local postie and take it up with the delivery office, and explain you've been victim of a postal fraud.

 

Your postman might remember this envelope and if royal mail could issue something like a statement that might help with the paypal dispute.

 

You also should strongly consider contacting the police and giving them all the seller information if you havn't already as this is fraud.

Edited November 4, 2019 by daisy387438

[Irt8787]

checked with the shop the owner has binned it days ago and it’s gone.

Reported to action fraud already.

 

The postman did remember it and he is the one who directed me to the corner shop.

 

My local DO can’t issue any statement it has to come from RM head office, which is what I’m waiting for now. 
 

my postcode is 6BD, and the corner shop’s is 5TD

[daisy387438]

That's very frustrating.

Definitely raise the issue of weight/size with Paypal, if the seller has provided a proof of postage receipt to them which does not match the weigh and dimensions of the phone tha's good evidence on your side.

You can also fire a complaint off to they ebay ceo at [email protected] include a summary of the problem and all evidence you have including the info about the shop the letter was delivered to and that you spoke with the owner who confirmed it was an envelope with a blank letter, and the discussions with royal mail.

Also include the crime ref.

 

At the moment you are relying on paypal buyer protection but ebay has it's own buyer protection you might be eligible for should paypals fail you, and the executive office could be of help to you.

 

This seller needs to be flagged up with them in any case as it sounds like they are an acomplished sc@m artist.

[Irt8787]

I have emailed eBay UK VP Rob Hattrell.

He said he couldn’t help.

 

His exact words ‘case has been opened through PayPal, it is not possible to open another case on eBay, as PayPal being the payment facilitator will take precedence over any eBay action’, and advised me to continue working with PayPal to resolve this. 

[dx100uk]

stop messin around 

do a section 75 reclaim to paypal creditcard by phone.

 

dx