Interesting Packlink / Hermes / eBay claim - where does the liability lie? **WON**

[Hannya]

 

Your biggest mistake was to offer your buyer a cheap postage option with inadequate insurance. Obviously they're going to go for the cheaper option because they're covered by both ebay's Money Back Guarantee, PayPal Buyer Protection and their card.

 

Insurance is to protect you, the seller, and all packages should be sent by the appropriate postage method with adequate insurance, because you're the one that's going to lose out here. It's the seller's responsibility to get the item to the buyer.

 

eBay won't reimburse you.

 

Hermes/Packlink may reimburse you the amount of cover you did have for that postage method, if any.

[Hannya]

Just something to bear in mind - unless you listed this item during a £1 capped final value eBay fee promo you stand to lose a fair amount in eBay final value fees.

 

If the buyer opens an item not received dispute it's always best to refund before they can escalate it (after 8 days). eBay will always find in favour of the buyer if there's no tracking number showing delivery. If its escalated to ask eBay to step in you get a defect against your account and lose your fees. You can argue the toss with Hermes at your leisure.

 

PayPal will also find in favour of the buyer without a tracking number showing delivery to the delivery address they provided you with. 

[Hannya]

If you visit the eBay Seller Central forum you'll see that it's full of threads about various Packlink issues.

 

Other sellers appear to have been fobbed off with who is responsible for any loss. Packlink say it's down to the local courier, the courier companies are saying that all claims have to be made with Packlink, as the contract is with them for their service. 

 

I personally can't see you getting anywhere with either if you didn't send it with correct insurance. Cost cutting when sending out expensive items is not a great idea. If I pay for Royal Mail second class signed for postage for an item worth £100 and it gets lost I wouldn't expect to be reimbursed more than £50, which is what the service I paid for is offering. 

 

I've no legal background, but can't see that you have any grounds here for a claim. If you do get a full refund for using a service that didn't cover you it will open the floodgates for everyone to just pay for a bog standard courier service without adequate compensation. You accepted Packlink's terms when you purchased a service from them. 

 

You are also trying to claim £219 for an item that you sold for £150 - you booked a courier service for delivery to an address that you have eBay sold details for showing £150 and PayPal payment transaction details which show that it sold for £150. Your buyer is unlikely to be complicit in completing any form that is claiming more than what they paid you too. Can you see the issue here?

 

Honestly, I think you're on a hiding to nothing here and personally I wouldn't be chasing this. I would just chalk it up to an expensive lesson learned. Buyers pay for postage, make sure that in future you list with adequate cover. As I said in my opening post, it's to protect you, not the buyer.

Edited February 3, 2020 by Hannya