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eBay - Problem with seller.

SaddlerSteveSaddlerSteve Posts: 4,325
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After a bit of general advice really as I'm a bit taken aback by the attitude of a seller I'm trying to resolve a case with.

I bought an old watch early in April and they have posted it out on the 2nd April although I still haven't received it. They sent it 1st class recorded and in the last few weeks I've messaged a few times asking them to track it and they've asked me to be patient which I have been. The original estimated delivery was the 7th April but as of yesterday it's now 3 weeks past that date. Initially I agreed with them that I'd give it a bit more time especially as there was the Easter holidays which may have delayed some post but after 3 weeks I really think it should have been here by now.

They provided me with the tracking number and on checking Royal Mail's site it confirms that it was posted on the 2nd and is being progressed through the system.
The seller also advised me that they'd spoken to RM but been told she'd need to call back in working hours so they could take it further. She then gave me their number and said I could call them if I wanted.

I've opened up a resolution case, partly to cover us both whilst this is resolved and I know you only get a certain time frame to open a case. After 3 weeks I think I've been pretty patient and eBay advise to use these cases to resolve things anyway so everything is documented.

Since the case has been opened she's referred to me as ignorant, a questionable buyer and made veiled accusations that I have received the item, all the while repeating that she has proof of postage and giving the tracking number again.

I'm starting to get annoyed now as she doesn't appear to be offering any resolution to sort this out and is giving the impression that it's no longer her problem and I should take it up with Royal Mail.

Am I really being unreasonable?
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    gulliverfoylegulliverfoyle Posts: 6,318
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    dont try and understand people, especially on ebay!

    just escalate the case and you will be refunded then neg them

    i did hundreds of ebay sales and about 5% were unreasonable messers and 1% nut jobs

    i use gumtree now much simpler and no fees
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    dont try and understand people, especially on ebay!

    just escalate the case and you will be refunded then neg them

    i did hundreds of ebay sales and about 5% were unreasonable messers and 1% nut jobs

    i use gumtree now much simpler and no fees

    I understand what you're saying but she actually has a feedback score of well over 500 at 100%, so her attitude seems quite strange. She's been an eBay member for well over a decade yet she doesn't seem to understand her responsibilities. :confused:
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    jasvinyljasvinyl Posts: 14,631
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    If I were you I would make sure you only communicate via the eBay messaging system, do not engage in tit for tat emails, and use the resolution process to get your money back.

    As a seller, I understand the frustration when an item goes missing, and the potential for the recipient to not be entirely truthful. Still, there is no way to know and you just have to be professional and take any loss on the chin. In your particular case, as there is tracking info it should be completely clear that you have not received the watch and aren't trying to pull a fast one, but the seller obviously has a bee in their bonnet about it. Maybe they were just having a bad day, maybe one too many people have tried it on recently, who knows. Thing is, you know the truth from your side, and you know the item has been dispatched so the seller isn't trying it on, the post office is the one at fault so just keep it civil and use the resolution centre.

    However, once you get your money back, and if the item then makes an appearance, which it probably will, please let the seller know and send them the money; 'tis only right and proper.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    jasvinyl wrote: »
    If I were you I would make sure you only communicate via the eBay messaging system, do not engage in tit for tat emails, and use the resolution process to get your money back.

    As a seller, I understand the frustration when an item goes missing, and the potential for the recipient to not be entirely truthful. Still, there is no way to know and you just have to be professional and take any loss on the chin. In your particular case, as there is tracking info it should be completely clear that you have not received the watch and aren't trying to pull a fast one, but the seller obviously has a bee in their bonnet about it. Maybe they were just having a bad day, maybe one too many people have tried it on recently, who knows. Thing is, you know the truth from your side, and you know the item has been dispatched so the seller isn't trying it on, the post office is the one at fault so just keep it civil and use the resolution centre.

    However, once you get your money back, and if the item then makes an appearance, which it probably will, please let the seller know and send them the money; 'tis only right and proper.

    The original communications when I was chasing up where it was were all through the eBay message system. Since the case has been opened everything has been through the resolution centre only. The seller is claiming that their PayPal account has been frozen because of the case, although as far as I am aware the only thing that gets done is the amount of money involved in this transaction is put aside.
    Their latest messages appear to be addressed directly to the resolution centre and not me. They're just repeating that they have proof of postage and they think it's unreasonable that their PayPal is being frozen. There's no suggestion of what they're going to do to sort it out. They appear to just think that it's now my problem to sort out with RM even though I've pointed out twice that I'm not disputing it was sent but she needs to contact RM as she is the sender of the item.

    In my last reply I've asked what she proposes to do to resolve this as it's not clear at the moment. I think for the last 3 weeks she's just delayed and asked me to wait a little longer in the hope it would turn up and the problem is then solved. Unfortunately that hasn't happened.
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    FilliAFilliA Posts: 864
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    I'm a bit suspicious of people with 100% positive feedback. It seems you can get someone to retract their negative feedback if you offer a full or partial refund in return. When I see a completely unblemished record I just think hmm....there must be some people who can't bring themselves to be chock full of praise over buying a book or a pack of nails and just give neutral feedback. Not even one in all the years they've been selling?
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    spotty_catspotty_cat Posts: 557
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    FilliA wrote: »
    I'm a bit suspicious of people with 100% positive feedback. It seems you can get someone to retract their negative feedback if you offer a full or partial refund in return. When I see a completely unblemished record I just think hmm....there must be some people who can't bring themselves to be chock full of praise over buying a book or a pack of nails and just give neutral feedback. Not even one in all the years they've been selling?

    My husband has 100% positive feedback and he's as honest as the day is long! All it means is that the seller packs goods well, sends them out promptly and responds to questions quickly.
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    HotgossipHotgossip Posts: 22,385
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    FilliA wrote: »
    I'm a bit suspicious of people with 100% positive feedback. It seems you can get someone to retract their negative feedback if you offer a full or partial refund in return. When I see a completely unblemished record I just think hmm....there must be some people who can't bring themselves to be chock full of praise over buying a book or a pack of nails and just give neutral feedback. Not even one in all the years they've been selling?

    I have 100% feedback and have been selling for years and years. There are some trustworthy sellers out there.:)
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    TragicDoggieTragicDoggie Posts: 590
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    And it seems the moral of this story is Don't buy anything from the likes of ebay

    I don't as I prefer to go into a reputable store for my products.

    This has certain advantages as I can.......

    1) see the goods.
    2) see the product working.
    3) have a money back guarantee or exchange under the sales of goods act.

    I will never understand why people buy from the likes of ebay :confused:
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    speigelspeigel Posts: 1,888
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    I think you need to point out to the seller that it is they who has the legal contract with the P.O. and it is therefore their responsibility to claim.
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    FilliAFilliA Posts: 864
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    I think that now either party can file the claim with royal mail, I had to do it recently over a beautiful item that RM broke. I didn't want to return it and get my money back,just get them to pay for the repairs. Its an online form followed up by sending evidence and a signed claim form. You just need the details of poster ,recepient and where and when it was sent.
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    lem ramsaylem ramsay Posts: 1,076
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    Seller should have refunded you. They could have then claimed the money back from Royal Mail. If the tracking says item's being progressed through the network, then it's obvious it hasn't been delivered yet. It's definitely gone missing by now.

    We sold once something on eBay, posted it second class (not recorded). Buyer emailed weeks after saying he hadn't received anything yet. He was refunded straightaway to avoid negative feedbacks and so on and we then put in a claim with RM, which sent us a cheque covering the item's value and postage.

    I am sure you'll get your money back via PayPal, and don't worry about the seller accusing you of being dishonest.

    I don't understand why the seller is making it so difficult for both of you and heading towards getting a negative feedback from you.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    And it seems the moral of this story is Don't buy anything from the likes of ebay

    I don't as I prefer to go into a reputable store for my products.

    This has certain advantages as I can.......

    1) see the goods.
    2) see the product working.
    3) have a money back guarantee or exchange under the sales of goods act.

    I will never understand why people buy from the likes of ebay :confused:

    I'd hardly say that's the "moral" of the story.
    I've had over 600 transactions on eBay and I'd say I've only had any kind of issue with less than 10 of those over the course of about 12 years.

    Many "reputable" stores also trade through eBay as well as private buyers.
    Also, many people use eBay to get bargains cheaper then they'd pay in the shops and for things that are collectable and no longer made or sold in normal shops.

    The watch I bought was a vintage one and not something you can just rock up to your local jewellers to buy. That's also the reason I was willing to be patient at first as I did still want the item. With it being in the RM system for over 3 weeks it's now looking like it's gone astray which is why I've now opened the case.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    speigel wrote: »
    I think you need to point out to the seller that it is they who has the legal contract with the P.O. and it is therefore their responsibility to claim.

    I did that again in my last message and they've now responded to say they've finally spoken to both eBay customer services and Royal Mail. They're still rabbiting on about what the tracking info says about it being in the system and that they've done nothing wrong. I'd pointed out that I'm aware of that and all I was saying is that whilst she has proof of posting it the item hasn't arrived.

    Anyway she says Royal Mail have told her to complete a long form detailing the item. She says this can't be done online or by phone so she will have to post it to them and then follow on with evidence of the eBay sale. She reckons they've told her they'll investigate but that could take up to 30 days. She made some comment saying RM would find out where the item had been delivered (if delivered) or it may still turn up with me in that time. I took that as another veiled accusation that I've somehow got the item although it says it hasn't been delivered. Then she ended the message by saying "that's all I can do", so I think she's expecting me to wait the possibly 30 days until RM have come back to her! :confused:

    There is currently no option to escalate the case as I think that only appears 8 days after opening as eBay encourage you to try and sort it out in that time, so looks like it'll be early next week before I can refer it to eBay to make the decision.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    FilliA wrote: »
    I think that now either party can file the claim with royal mail, I had to do it recently over a beautiful item that RM broke. I didn't want to return it and get my money back,just get them to pay for the repairs. Its an online form followed up by sending evidence and a signed claim form. You just need the details of poster ,recepient and where and when it was sent.

    I'm not sure that's the case but even so eBay still advise the seller to refund the buyer and then sort out compensation with RM for a missing parcel. It may be that in your case it was a bit different as you'd actually received the item and it had been damaged enroute.

    Over the 3 weeks that she was asking me to wait a little longer to see if it arrives she kept referring to the fact she'd sent it recorded so it was fully insured, so not to worry about it. I'm now wondering if maybe she tried to skimp on postage and sent it by a cheaper method so if it's gone missing she's not going to have much chance of getting the compensation for it. That may explain why she's gone off on one a bit.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    lem ramsay wrote: »
    Seller should have refunded you. They could have then claimed the money back from Royal Mail. If the tracking says item's being progressed through the network, then it's obvious it hasn't been delivered yet. It's definitely gone missing by now.

    We sold once something on eBay, posted it second class (not recorded). Buyer emailed weeks after saying he hadn't received anything yet. He was refunded straightaway to avoid negative feedbacks and so on and we then put in a claim with RM, which sent us a cheque covering the item's value and postage.

    I am sure you'll get your money back via PayPal, and don't worry about the seller accusing you of being dishonest.

    I don't understand why the seller is making it so difficult for both of you and heading towards getting a negative feedback from you.

    That probably would have been the easier way to do it but to be fair when I opened the case I selected the option that I still wanted the item rather than ask straight away for a refund. Part of the reason for opening the case was to get her to actually start chasing up Royal Mail. In the 3 weeks before she just kept replying to be patient and saying it should arrive soon. She kept making excuses about not having the receipt to hand and she'd have to find the receipt for that package so she could check it even though every time I messaged I kept saying can you check the tracking. She finally gave me the tracking number at the end of the first week and then just repeated what it said online about it being in the system and then said I could ring Royal Mail to chase it up myself. So I opened the case to get her to do something rather than keep fobbing me off and hoping it would arrive so she wouldn't have to deal with it.

    She'd made comments that she'd sent several watches out on the same day and all the others had arrived so I think she jumped to the (wrong) conclusion that this one must have arrived too. She got annoyed as soon as the case was opened because she appeared to think that the messages she'd sent previously were satisfactory and I had no reason to open the case because she was "dealing" with it. Also because they've apparently frozen her PayPal account she's annoyed about that.
    I don't actually think it is frozen as she claims. I think they've just frozen the value of money that our transaction was worth until the situation is resolved but she probably wanted that money for something and now can't access it.

    I get the impression that the main thing is that she's never encountered this situation before so she's just annoyed with the way it gets dealt with. As far as I'm concerned neither of us have done anything wrong so she just needs to chill out.
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    TassiumTassium Posts: 31,639
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    If the watch was sent Recorded Signed-For then the cover is up to £50, the watch is £32.50inc p&p I think (Poirot helped in this investigation)

    Royal Mail have obviously lost the watch, or it's just possible the seller absentmindedly did not affix the address label strongly.
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    Nessun DormaNessun Dorma Posts: 12,846
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    And it seems the moral of this story is Don't buy anything from the likes of ebay

    I don't as I prefer to go into a reputable store for my products.

    This has certain advantages as I can.......

    1) see the goods.
    2) see the product working.
    3) have a money back guarantee or exchange under the sales of goods act.

    I will never understand why people buy from the likes of ebay :confused:

    Buying from the internet offers even more protection as well more flexible options. Not only is the consumer protected with the sale of goods act, but with the distance selling regulations as well.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    Tassium wrote: »
    If the watch was sent Recorded Signed-For then the cover is up to £50, the watch is £32.50inc p&p I think (Poirot helped in this investigation)

    Royal Mail have obviously lost the watch, or it's just possible the seller absentmindedly did not affix the address label strongly.

    Yeh, she made it clear it was fully insured.
    I think she's just annoyed at having to go through the hassle of the Royal Mail claims process.
    I'm going to give it till next Tuesday and if it's not arrived escalate the case for eBay to make the decision. It'll have been over a month then so if it's not arrived then it's pretty likely lost.
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    [Deleted User][Deleted User] Posts: 6,848
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    It is quite simple you have to wait 3 weeks for Royal Mail to try to deliver until you can claim for lost goods, she is just waiting until she is able to claim. Then hand the forms and proof of postage in.

    Just keep in friendly contact and get her to promise a full refund by day 60 if nothing happens (last time she can reclaim fees), but if it appears a few months down the line, Pay her.

    Things can come through after a month so just check in and do not hassle provided she is investigating, and those 3 weeks are up.

    Do not neg if it is the RM fault, only neg if she is useless.

    For sellers have report buyer buttons as well, and it is possible to get neg feedback removed if you have proven you have done all you can.

    I was in this situation I refunded buyer after I could not repair, but I did not refund HIS postage.

    Tried blackmailing me.
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    [Deleted User][Deleted User] Posts: 6,848
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    Yeh, she made it clear it was fully insured.
    I think she's just annoyed at having to go through the hassle of the Royal Mail claims process.
    I'm going to give it till next Tuesday and if it's not arrived escalate the case for eBay to make the decision. It'll have been over a month then so if it's not arrived then it's pretty likely lost.

    My lost record is 3 months to me!

    They had got their money back and £50 from RM as well!

    Just ask how the claim is going.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    It is quite simple you have to wait 3 weeks for Royal Mail to try to deliver until you can claim for lost goods, she is just waiting until she is able to claim. Then hand the forms and proof of postage in.

    Just keep in friendly contact and get her to promise a full refund by day 60 if nothing happens (last time she can reclaim fees), but if it appears a few months down the line, Pay her.

    Things can come through after a month so just check in and do not hassle provided she is investigating, and those 3 weeks are up.

    Do not neg if it is the RM fault, only neg if she is useless.

    For sellers have report buyer buttons as well, and it is possible to get neg feedback removed if you have proven you have done all you can.

    I was in this situation I refunded buyer after I could not repair, but I did not refund HIS postage.

    Tried blackmailing me.

    Even after the first 3 weeks she was sticking to "just wait for it to arrive" so I don't think she was going to claim. It's only because I opened the case it's spurred her to act and even then she's had a moan about it.

    Today is exactly a month after she posted it and she only put the claim in a few days ago. As she reckons it could take up to 30 days for Royal Mail to complete an investigation I think she expects me to wait another month and I doubt she's going to be chasing it up.

    I'm just going to wait till next week when I can escalate the case. Then she can sort it out with RM.
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    SaddlerSteveSaddlerSteve Posts: 4,325
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    My lost record is 3 months to me!

    They had got their money back and £50 from RM as well!

    Just ask how the claim is going.

    Actually I was wrong when I said she'd put the claim in a few days ago. She rang RM and spoke to them in the phone about it and they've told her to send the claim to them in the post after she's completed the form and gathered the supporting evidence so I doubt it's even got to them yet.
    So no point in asking how it's going just yet.
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    TragicDoggieTragicDoggie Posts: 590
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    Buying from the internet offers even more protection as well more flexible options. Not only is the consumer protected with the sale of goods act, but with the distance selling regulations as well.

    We will have to agree to disagree on that one :)

    Must be my old age.
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    Paul_DNAPPaul_DNAP Posts: 26,041
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    Buying from the internet offers even more protection as well more flexible options. Not only is the consumer protected with the sale of goods act, but with the distance selling regulations as well.

    Be careful. Buying from an eBay auction is considered as buying secondhand from an individual and the laws you quote don't apply. Buying from an eBay "buy it now" button counts as purchasing from a business and the laws you quote do apply.
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    myssmyss Posts: 16,527
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    Anyway she says Royal Mail have told her to complete a long form detailing the item. She says this can't be done online or by phone so she will have to post it to them and then follow on with evidence of the eBay sale. She reckons they've told her they'll investigate but that could take up to 30 days. She made some comment saying RM would find out where the item had been delivered (if delivered) or it may still turn up with me in that time. I took that as another veiled accusation that I've somehow got the item although it says it hasn't been delivered. Then she ended the message by saying "that's all I can do", so I think she's expecting me to wait the possibly 30 days until RM have come back to her! :confused:

    There is currently no option to escalate the case as I think that only appears 8 days after opening as eBay encourage you to try and sort it out in that time, so looks like it'll be early next week before I can refer it to eBay to make the decision.
    Fully agree with speigel's suggestion on legal contracts and glad to see you had put this to the seller. Your seller sounds a bit idle-handed and perhaps this is the main reason of their frustration. Yes long forms are a boring pain but if the seller doesn't want to lose out on their money, they have to do it and just submit a copy of the ebay auction as well as the recorded delivery info. As Tassler's says, they're covered in terms of monetary loss, s/he just need to make the move to do the claim. I know this is a very slim chance but have you checked with your own local sorting office if there is any lost/delayed post for you or with a wrongly written local address??

    I'm assuming you started the resolution case without mentioning to the seller first. Of course, you've no need to explain anything to them before doing so, but in hindsight, considering you were on decent correspondence terms with the seller, it might have been helpful to mention that as much as you believe they had sent the item, you were opening the case to protect your interests as well just in case the items continues to be delayed in the post. I've experienced one very highly sensitive seller who took a resolution case very personal... that was something I don't want to repeat again!! ;-) Good luck with this, hope it gets sorted soon.

    Oh, and I'm another with 100% feedback, there's nothing 'suspicious' about me. I just treat sellers/buyers in the way I would like to be treated.
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