eBay buyer claiming wrong item received - InPost / Hermes tampered with package

[thatbloke]

Hi.

 

I sold a Playstation controller on eBay for £49.95 which I bubble wrapped, shrink wrapped and sent via Packlink using InPost lockers which I believe is couriered by Hermes. I also opted for insurance for the full item value and signed-for delivery.

 

I received an angry message from my buyer at the weekend with 2 photos of the opened package (which was the same one I sent) but with a belt, rather than the controller inside.

 

My initial assumption was that the buyer was trying it on but they have extensive positive eBay feedback and their business is as a re-seller of gaming accessories so it seems unlikely. I have also found other eBay sellers who have sold similar items to the same buyer without issue.

 

This leads me to assume that the only other possibility is that the parcel was tampered with by one of the couriers and the controller I sent was switched for a belt from another package that the courier had. The buyer has confirmed that the package did not contain a box and was soft to touch when he was handed it.

 

In terms of evidence - I have photos I took of the package before I posted it with postage label on. I also have the pictures the buyer sent of the same package, opened, with a belt alongside.

 

Can anyone advise of how best to proceed? As I understand it I have 3 days to issue the eBay return and then a further 3 days to decide whether to refund or not but either way eBay will likely side with the buyer if I choose not to do so. 

 

Many thanks

[dx100uk]

You will need to run hermes complaint procedure first

then letter of clam

then court clain

 

for the full value of item cost + postage

 

 100's of Hermes threads here..read a few 10's first

 

Dx

[thatbloke]

Thanks.

 

In terms of any evidence I need I'm just mindful that my eBay buyer is assuming I've ripped him off so, aside from two photos of the opened parcel with incorrect item alongside, I don't have much from him to help support the claim.

 

I'm also mindful that once I've refunded he wont respond to any messages.

 

Is there anything else I could / should be seeking from him whilst he's communicating with  me on the refund?

 

I've made it clear that my issue now is with Hermes but he's not having any of it!

Edited November 8, 2021 by dx100uk
added A few blank lines only..dx

[dx100uk]

Ultimately you will only need 'evidence ' should it go all the way to disclosures stage if you need to raise a court claim. What you have is already perfect.

 

KeeP your complaint letter short with a few one line bullet points only.

 

no waffle!!!!

 

item sold via ebay xxxx, sent via hermes

pacKage opened

item replaced with another le diff item of no value but weight.

 

dx

 

You..REFund the buyer now regardless

 

 

[Lex49]

Hi. do not refund buyer straight away. She must open a case before, then wait until last case day. Then issue a refund. No case- no refund.

Ask buyer- was parcel opened? did he notice something suspicious when received package? You can pass that to hermes as evidences.

 

If you paid full insurance- there is high chance that Hermes will pay out yours cover. They never failed for my parcels when cover is 20gbp and parcel is damaged/lost- around 7 times they did pay.