Claim for non-delivery against eBay trader

[webbscatering]

Hi Everyone,

28th May order an item from eBay costing £130

On 6th June nothing arrived although eBay claimed it was delivered on 1st June at 1209 hrs, made contact with seller who sent me a photo from Yodel of a pair of feet on a decking by a door, Not my house! Checked "Ring" camera and as a stroke of luck at 1209hrs the washing on the line triggered the motion sensor and records nothing happening in my garden.

7th June I send photos to the seller of my back and front door , my neighbours too left and right, nothing resembles the photo. Also told the seller about the recording.

8th June the Seller contacts Ebay and the case is closed and its determined I'm not entitled to a refund! Phoned Ebay and after a lengthy chat they hung up and said nothing they can do as the photos sent may have been doctored. Messaged the seller about the outcome and informs me he will send out a replacement BUT never happened.

10th June phoned Yodel they tracked the driver as not being in my area when the parcel was delivered.

11th June made a complaint to Yodel as driver came to the house and scares and harrasses my daughter into trying to admit we received the parcel if not he will be charged for it.

22nd June webchat with Yodel who now claims they cannot do anything unless the eBay seller starts a claim! Messaged the seller who claims he did start a claim and sent all photos to Yodel.

Enough is enough I want my money back, can you help me and who do I start with first

Many thanks

 

 

 

[PIXeL_92]

Did you pay with PayPal funds or a card. As you have proof of non delivery and eBay are unwilling to listen you could initiate a chargeback via the bank as long as you paid by card and not PayPal balance.

[webbscatering]

thanks for getting back,

yes it looks like it was paid from my debit card

[Homer67]

I'd contact the Police about the Yodel driver coming to your house.

[BankFodder]

Is the seller a private seller or an eBay trader and do you know the address?

To check whether they are a private seller or an eBay trader – disregard eBay's own information as to whether the person is registered as a trader. Instead look at their feedback and to see whether they tend to be selling or buying. Look at their other items. If they are selling other items, they simply just a few items which are clearly being got rid of from somebody's garage or are there are a range of items which make it clear that they are in it for business.
For instance, some people sell shoes as private traders but when you look at their other items, you see that they sell many pairs of shoes, all different sizes – and it is clear that they are in business.


 

[webbscatering]

Hi Homer,

I've made the threat of going to the Police along with the "Ring" recording of him upsetting my daughter

 

Hi Bank Fodder,

yes this is a certified trader with an eBay shop front based in Peterborough, and definitely clear they are a registered Trader with over 3190 items for sale and feedback score of 654k

[BankFodder]

Under the consumer rights act, a trader is obliged to deliver the items to the consumer.

You would also normally be covered by the distance selling regulations – although they are not appropriate here because you would not be able to return the goods and of course the whole issue turns around whether or not you have received them.

You can sue the seller or you can sue the courier. It's up to you.

If you have the address the trader then I would suggest that you check up on Google to see what kind of address it is. Is it a real address or simply registered address.

Let us know which you want to do.

Let us know if you have any questions
 

[webbscatering]

Hi Bank Fodder

Yodel was responsible for delivering the item and has failed to provide evidence that they delivered it to the right address and I have provided evidence that they have not, So I believe the couriers are at fault here.

The eBay seller is registered with companies house.

Edited June 30, 2023 by webbscatering

[BankFodder]

It's not a question of fault. It's a question of liability.

They are both liable – and it's up to you who you want to choose to attack in order to get your money back.
I would expect that yodel will take you all the way to mediation and then settle there after they have tried to knock off a few quid.

The trader might well put his hands up very early on – partly because he has very little experience in litigation – and partly because he can't be bothered and at the end of the day he can make his own claim against yodel if he wants/if he can be bothered

[webbscatering]

Great advice, I will go after the trader

[BankFodder]

Is the registered address a residential address?

What has the trader said about it? Have you got any messages that the trader sent?

[webbscatering]

No, the address is a big factory unit definitely not residential.

attached are messages from the seller and Yodel Webchat

Ebay Seller Messages.pdf Yodel Webchat.pdf

[BankFodder]

A lot of people complaining about non-delivery from these people

click+superstore+reviews - Google Search

WWW.GOOGLE.COM

do be aware – if this seller does not put their hands up and you have to get a judgement at court, we don't know how easy it would be to enforce judgement – whereas yodel will probably pay out immediately.

Also, are you purchasing by way of a business?

[webbscatering]

no personal use

 

 

[BankFodder]

Okay. If it goes to the directions questionnaire then you would have to be very clear that you want the matter transferred to your local court because although you are the claimant, the items purchased for your personal use and it is a consumer purchase – not a trading purchase.
Your name is likely to cause confusion.
As you appear to have bought the item under your company name, is there anything which shows that in fact it was a personal consumer purchase.

What account was used in order to pay for the item?

[webbscatering]

I used my personal account to pay for the items

[BankFodder]

Okay, I suggest that all correspondence now is in your own name. Frankly I suggest that you start a second eBay account in your own name as it will make things much easier you have to deal with this kind of thing again.
Probably the best thing to do is to write a letter – not too aggressive – point out that it's his responsibility to have the delivery completed. Include copies of all the evidence you have.
Don't give a deadline but if he hasn't responded court if he hasn't responded positively within about five days then send a letter of claim. Draft letter of claim and post it here.

Point out in your initial complaint that he contracted directly with yodel and so he is in a position to make a complaint and to be reimbursed. I expect that he doesn't know about third-party rights

[webbscatering]

this has just come through from the seller

Ebay Seller Messages 002.pdf

[BankFodder]

On the face of it it looks as if he is taking it seriously and being extremely cooperative. However, it is clear from the message that he accepts that it's not delivered.

Maybe you should taken at face value and tell them to come to this forum and start a claim with our help.

Tell them that we are completely free – blah blah blah.

Suggest to him that if he is a trader that the probably has this problem with yodel and also with EVRi so you might as well come here and learn the ropes.

Maybe on that basis he will refund you

[PIXeL_92]

Something to ask, the seller states they will send out a replacement item in the message dated the 9th of June that you replied to on the 22nd of June, saying it (the replacement) should be with you by the following Monday, did that ever turn up?

Also you are covering your name in the main body of the message and not the preview line in the message heading.

[webbscatering]

No, they never sent out a replacement

Message from seller

Ebay Seller Messages 003.pdf

[webbscatering]

Good Morning,

I deliberately left it a week to see if I would receive any more messages from the seller and so far nothing, apart from their reply last Sunday.

I've attached the photo Yodel is using as proof of posting and another that is my actual house ...excuse the feet!

many thanks

Yodel.pdf Ebay Seller Messages 004.pdf

[BankFodder]

Okay. I understand that you are going to claim against the trader.

Draft a letter of claim and post it here.

Once you have sent off the letter of claim, start preparing your claim form and post the particulars here before you click them off on day 15.

[webbscatering]

Is this okay?

Letter of Claim.pdf

[BankFodder]

A letter of claim has to give a timescale and a deadline after which you will begin a legal action if your conditions are not met