• This topic has 54 replies, 36 voices, and was last updated 11 years ago by hora.
Viewing 15 posts - 41 through 55 (of 55 total)
  • Orange 5 "lost" in the post
  • monkeyboyjc
    Full Member

    I dont know if any one will bother reading this (i skipped through the last few posts) and i do tend to go a bit ‘ar and peace’ on the subject of ebay… But heres my 5c anyway.

    Op – As previously said, its mor ethan likly that the buyer didnt have to sign for teh delivery and has climed that it never arrived as a result (happens all the time with parcel force)…

    as for ebay – yes its a crap place to sell, but its the best place to buy. Personaly i’ll always try to offer special delivery on small items, but RM cover items below £36 in value on 1st class anyway so sneding low value items via SD is pointless.
    I’ve claimed with RM on a set of bars which got lost, sold them for £20 (rrp of £50) and claimed £30 from RM for the bars to cover the loss of fees and postage and got it back within 2 months.
    Any item valued over £36 i send via courior for larger items and RM SD for smaller and include this is as free postage within the listing.

    What really gets my goat is the new feeback system where buyers can leave 1,2 or 3 stars feedback for postage, and complain about high postage cost in the feedback! if you dont want to pay £6 postage, dont bid! or at least bid 2or3 pounds less than you would be prepared to other wise. For this reason as stated above i now generally offer free post on most items – that way i usually get a little more for the item and no complaints of high postage costs.

    ourmaninthenorth
    Full Member

    TJ is right. You can’t do that. It’s YOUR responsibility until the item is delivered. If it goes missing, YOU refund and YOU claim on the insurance. I’ve had to do it myself. It’s just tough.

    I can. It’s just contracting out of s32(2) SGA.

    ransos
    Free Member

    My experience of Parcelforce is that insured items require a signature upon delivery, so from the OP, it would seem the buyer isn’t trying it on. I did once have to pursue a claim for a lost (expensive) parcel myself – whilst I did eventually get a refund, it took months, leaving me out of pocket as I’d had to refund the buyer.

    ScottChegg
    Free Member

    I can. It’s just contracting out of s32(2) SGA

    I’m sure you can’t opt out of laws as and when you feel like it. It isn’t a buffet

    Courts are tending to take the view that if the goods don’t get
    delivered and the seller hasn’t insured them (or self insured – ie
    accepted responsibility if they are lost) then the second part of
    para 32(2) comes into play:-

    “.. and if the seller omits to do so, and the goods are lost or
    damaged in course of transit, the buyer may decline to treat the
    delivery to the carrier as a delivery to himself or may hold the
    seller responsible in damages.”

    The net result of the explicit timing of passage of risk in consumer
    contracts and implicit requirement for the seller to make safe
    arrangements for passage in S32 mean that for all practical purposes
    risk remains with the seller until the goods are safely delivered to
    the buyer.

    Remind me not to buy anything from you. Ever.

    clubber
    Free Member

    You can legally transfer title at the point of sale/transfer if that’s what both parties agree to. it’s then the buyer’s choice how to actually get the goods to them – eg whether to take out insurance, etc. You would need to state that very clearly though and ensure both parties ate clear on what it means.

    the issue with trying that on eBay is that it’s probably against their Ts&Cs and as such you’d lose a claim. exactly where you stand legally is debateable.

    bobbyatwork
    Free Member

    do you know the frame serial number? may be worth emailing a few people with it…also google alerts.i used it a few years back and got a few items id lost

    coma2s
    Free Member

    I can. It’s just contracting out of s32(2) SGA.

    To me that means the buyer makes the decision, on if they want to insure it them selves or leave it to you. If they say nothing, then your still legally responsible to get the item to the buyer. Just because you say its their responsibility doesnt make it so.

    ourmaninthenorth
    Full Member

    the issue with trying that on eBay is that it’s probably against their Ts&Cs and as such you’d lose a claim.

    Interesting point. I’ll look that up.

    (Although, of course, disputes are a matter – ultimately – for the courts. I’m not certain ebay has jurisdiction over the English legal system..!)

    weeksy
    Full Member

    ParcelMonkey have given me full refunds on 2 sales that failed. Both bike related. 1 bike, 1 Thule rack.

    They took 3 weeks… but gave me full value.

    andrewh
    Free Member

    What really gets my goat is the new feeback system where buyers can leave 1,2 or 3 stars feedback for postage, and complain about high postage cost in the feedback! if you dont want to pay £6 postage, dont bid! or at least bid 2or3 pounds less than you would be prepared to other wise. For this reason as stated above i now generally offer free post on most items – that way i usually get a little more for the item and no complaints of high postage costs

    .
    I’ve gone the opposite way, cheap item, expensive post. You don’t pay ebay fees on the postage charge. I’ll take the hit on my postage rating (still got 100% poitive overall) I think people have enough nouse to factor it when bidding. I note that thye still take the pypal fees on the postage charges though!

    adam1330
    Free Member

    Has anyone actually manage to do a successful claim from Royal mail? I know I haven’t, I never pay for extra insurance simply because they rarely pay out. Just make sure you cover yourself with a Basic tracking number because Royal mail PayPal & eBay are not on your side.

    I did last year, sold a stem on here, sent recorded but never arrived. Went through their claims procedure, and it took a few months, but I did get the full value back from them, although I must admit I wasn’t expecting to be successful!

    Whenever I sell anything, I always make sure it is signed for, and that it is insured for the full value.

    hora
    Free Member

    I lost my fox36s to parcelforce. Persistence and complaints win.

    Northwind
    Full Member

    godzilla – Member

    Has anyone actually manage to do a successful claim from Royal mail?

    Aye, half a dozen times or so… Only one that wasn’t succesful was the one I completely ballsed up.

    br
    Free Member

    Sold dozens of bits through ebay (from cheap/small to expensive/large) and never had a problem. I always go to our local Post Office and use them – and ensure its insured/signed-for. Small stuff is wrapped in black plastic and larger stuff in whatever cardboard box I had.

    Only problem I’ve ever had was one buy (envelope turned up empty), and even then it ended up only costing me a tenner so CBA to raise a ‘theft’ note with the Police as required by ebay/Paypal.

    Do you have to refund the buyer before you get the refund?

    And to me, you refund the Buyer first.

    hora
    Free Member

    Do Parcelforce say they have a signature? Have you asked to speak to the depot manager and asked him to interview the driver (i.e. did he deliver and can he remember what the person who signed for looked like).

    Its ‘odd’ that its gone missing IMO. Only once did it happen to me and I was fairly well convinced it was the Ebay buyer. Anyway I made him wait for his refund until I got mine (before the days of Ebays ownership of Paypal). Parcelforce sent me countless letters with ‘if you dont reply within two days we’ll close the case’ requesting menial/silly bitty information. After the third one I called the Service centre Manager and said I wanted the Police involved. I received a cheque two days later.

    How much feedback did the Buyer have? Its worth watching/if its close enough…a visit 😉

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