Notices
Non Scooby Related Anything Non-Scooby related

ebay question - where do I stand legally (serious advice please)

Thread Tools
 
Search this Thread
 
Old 15 November 2004, 06:36 PM
  #1  
jase555
Scooby Regular
Thread Starter
 
jase555's Avatar
 
Join Date: Apr 2000
Posts: 1,209
Likes: 0
Received 0 Likes on 0 Posts
Default ebay question - where do I stand legally (serious advice please)

ok,

looks like i have been duped on ebay for £217.50

paid £7.50 postage for item I expected RMSD this was not stated , guy said he posted it 1st class and as I did not pay the extra £1 insurance. ( as far as i reckon he has scrimped on postage)

Now obviously his expectations on this and mine are totally different.

So basically royal mail say I am entitled to £28 compensation tops.

He has told me I am responsible for claim, I spoke to royal mail today and explained the situation that I only had a certificate of posting.

Was told I should report it to the police,

but all I want is my money back,

Any advise on the matter appreciated

PLEASE ONLY POST ABOUT THIS NOTHING ELSE

ps guy had feedback of around 200, has been in what you would call regular contact but really saying tough to me, said he posted around 100 items and 14 went missing ???

thanks

Jase
Old 15 November 2004, 06:46 PM
  #2  
penfold118
Scooby Regular
 
penfold118's Avatar
 
Join Date: Oct 2003
Location: Stafford & Notts
Posts: 609
Likes: 0
Received 0 Likes on 0 Posts
Thumbs up

as far as im aware there is no come back for you, he says he posted it you havent recived it, its just word against word. good luck...!!
Old 15 November 2004, 06:56 PM
  #3  
Colinj
Scooby Regular
 
Colinj's Avatar
 
Join Date: Jul 2004
Posts: 609
Likes: 0
Received 0 Likes on 0 Posts
Default

For something of that value yes you would expect it to be sent recorded mail, at least 1st class with £200 max compensation! Have you seen his receipt for postage? How long have you waited on Item?
Old 15 November 2004, 06:59 PM
  #4  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Default

Was you offered the chance to pay the extra for insurance?
Old 15 November 2004, 07:01 PM
  #5  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Colinj
For something of that value yes you would expect it to be sent recorded mail, at least 1st class with £200 max compensation! Have you seen his receipt for postage? How long have you waited on Item?
Recorded is only for £28 comp
You have you use a different service for more cover
Old 15 November 2004, 07:06 PM
  #6  
jase555
Scooby Regular
Thread Starter
 
jase555's Avatar
 
Join Date: Apr 2000
Posts: 1,209
Likes: 0
Received 0 Likes on 0 Posts
Default

i was not offered it via email, but he did say after you should have paid the extra,

maybe it was my naivety

but still RMSD up to 2kg is less than £7 so i thought it would not be an issue

I only have a certificate of postage,

jase
Old 15 November 2004, 07:07 PM
  #7  
jase555
Scooby Regular
Thread Starter
 
jase555's Avatar
 
Join Date: Apr 2000
Posts: 1,209
Likes: 0
Received 0 Likes on 0 Posts
Default

ps

item posted on the 23rd !!!!

Trending Topics

Old 15 November 2004, 07:10 PM
  #8  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Default

Got a link to the auction?
Old 15 November 2004, 07:10 PM
  #9  
Spoon
Scooby Regular
 
Spoon's Avatar
 
Join Date: Dec 2002
Location: Logged Out
Posts: 10,221
Likes: 0
Received 0 Likes on 0 Posts
Default

The problem here is that sellers are making more money by skimping on postage even though it may well have been requested by the buyer to use a more secure delivery option.

Something needs to be done about this in those cases because a buyer has paid and is taking the risk the item will turn up, when in actual fact they had paid for this not to be an issue.

I understand you only assumed it was offered which actually leaves you high and dry unfortunately.

eBay however do have a fair postage policy and if they figure £7.50 is too much for this item then something may be done for any future adverts. This however won't help you now.

Then there's the run up to Christmas and the temporary Postal thieves/staff which seems to be getting worse.
Old 15 November 2004, 07:18 PM
  #10  
Jamo
Cooking on Calor
iTrader: (23)
 
Jamo's Avatar
 
Join Date: Oct 2001
Location: in a house full of girls!
Posts: 23,346
Received 7 Likes on 2 Posts
Default

do what I did, tell him you have his address, your going to round up a few mates and come for a drive down to sort it face to face in the next couple of weeks or so. leave it at that, and if he dosent come back do it.

I did, we drove to lincoln for a ps2 game, the kids dad ****e it as much as the kid, parantly his dad told him to ignore me. his dad paid up

jamo
Old 15 November 2004, 07:24 PM
  #11  
jase555
Scooby Regular
Thread Starter
 
jase555's Avatar
 
Join Date: Apr 2000
Posts: 1,209
Likes: 0
Received 0 Likes on 0 Posts
Default

thing is he is over 400 miles away,
Old 15 November 2004, 07:27 PM
  #12  
Spoon
Scooby Regular
 
Spoon's Avatar
 
Join Date: Dec 2002
Location: Logged Out
Posts: 10,221
Likes: 0
Received 0 Likes on 0 Posts
Default

Lets not lose sight here that the guy did post the item. It's the shíte Postal service that always gets away with it.
Old 15 November 2004, 07:29 PM
  #13  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Talking

Originally Posted by S.B.
Got a link to the auction?
???
Old 15 November 2004, 07:30 PM
  #14  
gsm1
Scooby Regular
 
gsm1's Avatar
 
Join Date: Apr 2004
Location: New Jack City
Posts: 1,500
Likes: 0
Received 0 Likes on 0 Posts
Default

From what I understand, Jase, you had the option to pay the extra insurance via the 'checkout' but opted not to, right?
If that is the case there's not much you can do as far as know.
Sorry!
Old 15 November 2004, 07:36 PM
  #15  
David Lock
Scooby Regular
 
David Lock's Avatar
 
Join Date: Mar 2000
Location: Weston Super Mare, Somerset.
Posts: 14,102
Likes: 0
Received 0 Likes on 0 Posts
Default

Someone put me right on this. The seller enters into a contract to supply you with the goods. He hasn't supplied them. Tough for him if they get lost in the post. He can claim the £28 from PO but needs to re-supply you or refund in full. I supply goods and if they don't arrive then I stand the loss and refund. Why is e-bay different? DL
Old 15 November 2004, 07:37 PM
  #16  
Colinj
Scooby Regular
 
Colinj's Avatar
 
Join Date: Jul 2004
Posts: 609
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by S.B.
Recorded is only for £28 comp
You have you use a different service for more cover
No you can add up to £200 worth with 1st and Recorded....costs an extra 70p or something!
Old 15 November 2004, 07:41 PM
  #17  
Spoon
Scooby Regular
 
Spoon's Avatar
 
Join Date: Dec 2002
Location: Logged Out
Posts: 10,221
Likes: 0
Received 0 Likes on 0 Posts
Default

David- In lots of cases on eBay, there isn't another item to be able to send one.

Yes businesses should have to do the chasing up and replace the goods but I think eBay punters as a whole aren't switched on enough to ask.
Old 15 November 2004, 07:42 PM
  #18  
gsm1
Scooby Regular
 
gsm1's Avatar
 
Join Date: Apr 2004
Location: New Jack City
Posts: 1,500
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by David Lock
Someone put me right on this. The seller enters into a contract to supply you with the goods. He hasn't supplied them. Tough for him if they get lost in the post. He can claim the £28 from PO but needs to re-supply you or refund in full. I supply goods and if they don't arrive then I stand the loss and refund. Why is e-bay different? DL
Being a private seller and not a trader may make the difference.
Old 15 November 2004, 07:43 PM
  #19  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Colinj
No you can add up to £200 worth with 1st and Recorded....costs an extra 70p or something!
Not with recorded you can't
Old 15 November 2004, 07:45 PM
  #20  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Default

We deliver most First Class Recorded items by the next working day, and within three working days if it's Second Class. Your Recorded items are covered for up to £28 compensation, in the unlikely event of loss or damage.

Recorded Signed for is not suitable for valuable items including jewellery and money or for very urgent mail. For these, use our Special Delivery 9.00am or Special Delivery Next Day services. Next day delivery is guaranteed, and you can arrange compensation for up to £2,500.
Old 15 November 2004, 07:49 PM
  #21  
paulr
Scooby Regular
 
paulr's Avatar
 
Join Date: Jan 2005
Location: Lincolnshire
Posts: 15,623
Likes: 0
Received 0 Likes on 0 Posts
Lightbulb

Originally Posted by Spoon
Lets not lose sight here that the guy did post the item. It's the shíte Postal service that always gets away with it.
So true.For that reason i always go recorded or special delivery.
Old 15 November 2004, 07:50 PM
  #22  
jase555
Scooby Regular
Thread Starter
 
jase555's Avatar
 
Join Date: Apr 2000
Posts: 1,209
Likes: 0
Received 0 Likes on 0 Posts
Default

my point is i reckon he screwed me on postage

if it had of turned up there would not be an issue but as it went pear shaped he is getting funny,

as i said i paid £7.50 to cover postage

royal mail special delivery up to 2kg is around £6.50 this is insured up to £250

for a sat nav system this should have covered it ,

I reckon he is to blame but what can I do, he is now suddenly a non-registered ebay user which makes me think he is doing one,

I cannot post bad feedback as he is now non-registered,

originall he said he posted 100 items and 14 have went missing , i doubt this but what can i do , if he is selling 100 items is it not classed as a business,

I do not want to post the link as i don't think it is needed,

I merely want to find out where I stand legally of course,

ebay has him listed as square trade, according to that I can get around £100 back i think but need to wait 30 days

thanks

jase
Old 15 November 2004, 07:53 PM
  #23  
Colinj
Scooby Regular
 
Colinj's Avatar
 
Join Date: Jul 2004
Posts: 609
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by S.B.
Not with recorded you can't
Your right....I ment standard Parcel & 1st
Old 15 November 2004, 07:54 PM
  #24  
S.B.
Scooby Regular
 
S.B.'s Avatar
 
Join Date: Oct 2002
Location: At Tescos Filling Up With 99 Octane!!!
Posts: 4,313
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by jase555
I do not want to post the link as i don't think it is needed,

thanks

jase
I was going to look and see how the postage was worded. **** it then
Old 15 November 2004, 07:56 PM
  #25  
David Lock
Scooby Regular
 
David Lock's Avatar
 
Join Date: Mar 2000
Location: Weston Super Mare, Somerset.
Posts: 14,102
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Colinj
No you can add up to £200 worth with 1st and Recorded....costs an extra 70p or something!
I don't think you can pay for extra compensation just using 1st. You can use 1st and get £28 comps being 100 x 28p if you get Certificate of Posting stamped.

This is not the same as Recorded (Signed For) for which you pay £0.65 extra. DL
Old 15 November 2004, 07:56 PM
  #26  
GC8
Scooby Regular
 
GC8's Avatar
 
Join Date: Aug 2003
Location: Sheffield; Rome of the North
Posts: 17,582
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by jase555
ok,

looks like i have been duped on ebay for £217.50

paid £7.50 postage for item I expected RMSD this was not stated , guy said he posted it 1st class and as I did not pay the extra £1 insurance. ( as far as i reckon he has scrimped on postage)

Now obviously his expectations on this and mine are totally different.

So basically royal mail say I am entitled to £28 compensation tops.

He has told me I am responsible for claim, I spoke to royal mail today and explained the situation that I only had a certificate of posting.

Was told I should report it to the police,

but all I want is my money back,

Any advise on the matter appreciated

PLEASE ONLY POST ABOUT THIS NOTHING ELSE

ps guy had feedback of around 200, has been in what you would call regular contact but really saying tough to me, said he posted around 100 items and 14 went missing ???

thanks

Jase
Jase; instead of taking the well meant but ill-informed and mostly crap advice offered here Id suggest speaking to a solicitor. You will probably have legal advice on your home contents insurance policy; if not consider paying £5 for legal advice at a solictors.

Until you really know where you stand you cant decide what to do can you?

Simon
Old 15 November 2004, 08:09 PM
  #28  
Alas
Scooby Regular
 
Alas's Avatar
 
Join Date: Jan 2001
Location: Location: Location.
Posts: 3,439
Likes: 0
Received 0 Likes on 0 Posts
Default

Exact same thing happened to me last month but I was the seller. In my case I did not offer an insurance option and stated I would post 1st class recorded. Item was worth £170. It got lost but I returned the guys cash and claimed the £28 myself. Reason I did this was I wanted to keep my feedback score. Sounds like this guy is not willing to take the hit of losing 14 x £200.
Speak to a lawyer, ebay will be no use.
Alas
PS Now I state items will be posted recorded delivery and I'm not liable if PO loses it. I also offer insurance and if taken post Special Delivery and will do refunds if they lose it then.
Old 15 November 2004, 08:10 PM
  #29  
NWMark
Scooby Regular
 
NWMark's Avatar
 
Join Date: Oct 2003
Location: Cheshire
Posts: 671
Likes: 0
Received 0 Likes on 0 Posts
Default

if you paid by credit card, get your cc company to charge back the transaction.

Paypal hate this but it means youll get your money back

Mark
Old 15 November 2004, 08:40 PM
  #30  
David Lock
Scooby Regular
 
David Lock's Avatar
 
Join Date: Mar 2000
Location: Weston Super Mare, Somerset.
Posts: 14,102
Likes: 0
Received 0 Likes on 0 Posts
Default

This is very basic contract law and depends on exact terms of e-bay contract buyer to seller. Establishing who is in the right is one thing (and I strongly suspect you are) but then you have the next problem of recovering funds. Sounds like small claims court to me if you can be bothered although legal letter to seller might avoid this.

Do e-bay offer any advice in these instances which must happen all the time?

DL


Quick Reply: ebay question - where do I stand legally (serious advice please)



All times are GMT +1. The time now is 04:00 AM.