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Ebay not upholding seller protections and making my account negative


jk2054
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Hi,

I've sold a number of items on ebay over the last 6-8 and sent all tracked and signed for, despite tracking showing delivered, buyer claims not received.

Ebay have sided with them and recently restricted my account, checked now and its around £2k negative because I stopped selling as they were just refnuding everything even when its signed for delivered to buyer.

So just wondering what to do.

Do nothing?

Sue the buyers who made the false claims?

Sue ebay and claim they failed to honour the agreed contract for seller protections?

 

Was planning to write to CEO 

 

Grateful for advice on what to do next (Assuming contacting CEO doesn't work)

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I can't imagine that writing to the CEO will make much difference – but go ahead and try. It won't hurt and won't cost anything.

Suing eBay would be a very nice idea – and it is about time that somebody did it although I imagine that they would rise up regardless of cost to crush you.

Can you identify any particular aspects of the contract which set out their obligations and which you say they have breached?

Are you sure that the tracking is accurate and not some courier telling porkies and nicking your parcels?

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Yes they set out their seller protections and I meet the full crieria. Also the cases were originally closes in my favour, only later being overturned by buyers appeal.

 

Yes I believe tracking becaue courir have also sent me GPS location of the delivered scan so I’ve no reason to doubt courier

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Another thought... not sure of relevance, but might open other avenues of attack... were the couriers booked through Ebay's system?

We could do with some help from you.

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Can you be certain that they weren't delivered – and if you have evidence that they were delivered then why not attack the courier

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oh you meant it that way

I mean well no but If i sue UPS i image i'd lose.

They've got GPS which is bang on, and a signature and name that matches.

 

I've got a buyer who made a claim that IMHO has absolutely no grounds at all, and ebay only gave them it on appeal anyway which means they probably went and cried to ebay cs

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That was my other option in post 1 was instead of suing ebay i sue the buyers on the grounds i fufileld the contract so they need to pay.

my only thing with that would be, if they defend it, it would go to their local courts so I could end up a bit spread out over the country, but part of me thinks some of them would just pay when they got a court letter.

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26 minutes ago, jk2054 said:

well because if they were delivered why would i attack the courier?

I thought that the issue was that the tracking data shows that they were delivered but the purchasers say they weren't. This means that there is a distinct chance that they were delivered but somebody has got the tracking data wrong or even manipulated it.
So apart from the tracking data, is there any photographic evidence?
If there is no photographic evidence, then should they have been? Is the courier contractually obliged to make a photographic record of the delivery?
If they are and there is no photograph – and if the addressee is prepared to confirm in writing that it wasn't delivered then I think you have a very good chance of seeing the courier.

I do love to see eBay but I can imagine that it would be pretty difficult because they will rise up against you as I have already said.

 

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Same thoughts here about them just paying up on the threat of court. They may even cave in at PAPLOC stage...

Sorry, cross post with BF.

We could do with some help from you.

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3 minutes ago, jk2054 said:

That was my other option in post 1 was instead of suing ebay i sue the buyers on the grounds i fufileld the contract so they need to pay.

my only thing with that would be, if they defend it, it would go to their local courts so I could end up a bit spread out over the country, but part of me thinks some of them would just pay when they got a court letter.

Fulfilling the contract means that delivery would have to be completed – and according to them, there has been no delivery and that means that you are in breach for whatever reason

Just now, Nicky Boy said:

Same thoughts here about them just paying up on the threat of court. They may even cave in at PAPLOC stage...

Who is "them"/"they"?

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3 minutes ago, BankFodder said:

Fulfilling the contract means that delivery would have to be completed – and according to them, there has been no delivery and that means that you are in breach for whatever reason

But jk has proof of delivery...?

We could do with some help from you.

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But what is the proof of delivery? Is it a signature – okay. Is it a photo – probably okay, although Facebook has got lots of videos of couriers taking photographs of the parcel and then picking up and walking away.
Is it simply GPS tracking data? Dodgy.
Is it that the courier has marked it is delivered? Dodgy.

What is the contractual obligation of the courier company and have a complied with it?

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not really because ebay private sale contracts means they’re on burden for no delivery

They have name + signature + gps pin

no ups dotn take photo they get physical signature, but physical signature means someone was in

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yes marked as delivered but witht signature and GPS and the fact UPS have a good solicitor I don’t see myself standing a chance against UPS because if all i have is a letter and UPS has signature and GPS i don’t see why UPS wouodnt win

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Have we checked that the signature really is the signature of the addressee? What are they saying about it?
Sometimes the so-called signature is a mere scribble on a screen

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yes they is the buyers

well no because the buyers wont give me a signature nor answer my messages

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5 minutes ago, jk2054 said:

not really because ebay private sale contracts means they’re on burden for no delivery

You mean that Ebay are on the hook for non-delivery?

We could do with some help from you.

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no but theres no consumer rights because im not a trader for the purpose of these specific ebay sales as they came from my personal account not my business one

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Well, personally, I think the zero cost of sending a PAPLOC to the buyers is low risk.

Why not try it and see what happens?

We could do with some help from you.

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