Jump to content


  • Tweets

  • Posts

    • rather than reducing the levels of c02 and nox in the atmosphere A VERY large increase   Record-breaking increase in CO2 levels in world’s atmosphere | Greenhouse gas emissions | The Guardian WWW.THEGUARDIAN.COM Experts issue warning after finding global average concentration in March was 4.7ppm higher than same period last year Global Monitoring Laboratory - Carbon Cycle Greenhouse Gases GML.NOAA.GOV The Global Monitoring Laboratory conducts research on greenhouse gas and carbon cycle feedbacks, changes in clouds, aerosols, and...   Global Monitoring Laboratory - Carbon Cycle Greenhouse Gases GML.NOAA.GOV The Global Monitoring Laboratory conducts research on greenhouse gas and carbon cycle feedbacks, changes in clouds, aerosols, and...    
    • This is the info that I have. Name of seller... Thomas Stone. Reg LG51UOV Driven 109,000 2001 ford escort van 55 Price paid £500. (I know that that's stupidly cheap for a van, but my son wanted to take it apart, and put it to gether again) His address st margarates drive gillingham kent. We live swindon, so over 2 hours away. My oldest sons machanic inspected it . Sorry I don't know if I'm reading this right, but NSR wheel cylinder leaking NSR Shock mounting corroded  Rear cross member corroded  Rear number plate light missing Brake compressor valve seized Hand break cables insecure O/S Seal to floor repairs are very badly done Dash lights are painted out Bonnet ( This is all he wrote here.) Brake pipes are covered in black doodoo ( This is what the machanic wrote). My son asked Thomas Stone if it would need lots of work, for it to pass its next mot,  Thomas Stone said , " I can't see it needing mega amounts of work, for it to pass, it isn't rotten and it starts and drives ok, and the brakes work well".             
    • Alan Bates is in the Guardian today. Our Post Office victory is being twisted by those who don’t want to see its like again | Alan Bates | The Guardian WWW.THEGUARDIAN.COM Litigation funders didn’t ‘exploit’ subpostmasters, they helped us. Those who attack them have corporate interests at heart, says former subpostmaster...  
    • Discover 8 skills you develop when you explore different points of view that are essential for life and work.View the full article
    • Appreciate your response BankFodder. I am aware that the Consumer Rights Act does not apply in my case as I operate a business and, instead, should rely on the Supply of Goods and Services Act and Unfair Contract Terms Act 1977. I was a little unsure as, when I read the judgement of Hashim Farooq v EVRi Parcelnet, July 2023 I presumed that,  as Farooq had supplied laptops through Amazon,  the Consumer Rights Act would not apply but the judge refers to it in Section 22 as to why the claimant should be given judgment. Have I read this correctly? The reason for not offering full reimbursement was because I did not take out insurance for the full value.  In regards to correspondence from my customer,  I have emails from her in my timeline stating that she was waiting all week and that no one attempted delivery.  I have no doubt that she will be willing to corroborate the events with a written statement.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Claim for non-delivery against eBay trader


webbscatering
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 244 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

 

 

 

 

 

Link to post
Share on other sites

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.


 

Link to post
Share on other sites

  • dx100uk changed the title to bought Ebay item & Yodel - delivered to wrong house, no-one will refund

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

 

 

Link to post
Share on other sites

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
 

Link to post
Share on other sites

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 by webbscatering

 

 

Link to post
Share on other sites

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

Link to post
Share on other sites

Is the registered address a residential address?

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

Link to post
Share on other sites

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

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?

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

  • Like 1
Link to post
Share on other sites

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

  • Like 1
Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 2 weeks later...

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

 

 

Link to post
Share on other sites

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.

  • Like 1
Link to post
Share on other sites

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

  • Like 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...