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    • I was trying to post all the paperwork that I have, namely facebook ad, messages between the seller and my son etc . But I'm getting the message that the files are to large. 
    • First of all please can you tell us the name of the seller, something about the van – age/year, mileage, price paid. How far away is the seller from where your son lives? Who do you take it to for this inspection? Are they prepared to give you a written list of the things that they found? This is very important and you may well have to get an independent inspection from somebody such as the AA. This will cost you some kind of feedback we expect that we will be able to help you get it back. I would say that if you have to bring a court claim – which is likely – then your chances of success are better than 95% but the difficulty might be enforcing the judgement against the seller. We will have to no more in order to give you better advice. Does it have an MOT? What is the date of it and who gave it the MOT? I suggest that you start taking pictures of all of the defects that you can find.   Also I am going to say that I believe that you came over from Facebook where you were already informed that we would need at least all of the information which I have requested above. It will save a lot of time and effort for everybody if you can simply come up with the things that we ask without too much delay
    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
    • The economy grew by 0.6% in the first three months of the year, ending a shallow recession.View the full article
    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
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Claim for non-delivery against eBay trader


webbscatering
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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

 

 

 

 

 

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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.


 

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  • 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

 

 

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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
 

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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

 

 

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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

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Is the registered address a residential address?

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

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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?

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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?

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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

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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

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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.

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  • 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

 

 

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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.

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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

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