Item hasn’t arrived after being dispatched a week ago, but seller isn’t replying at all

[urlittlestar]

Hi so a few weeks back I ordered two items from the same seller. One of the items came last week but the other item was missing and I was sent a wrong item. I contacted the seller to let them know after opening the parcel. I offered to send the wrong item back, but they apologised for their mistake and said I could keep it, and that they would send me the other correct item. This item is so small compared to the other one I bought that did come (that's why I bought them at the same time, so there was less chance of the smaller one going missing) and it was clear I was worried about it going missing, but the seller told me a week ago today they "posted out with Royal Mail so it should get to me in one piece" 

Its been a week today since they dispatched it, so I have no idea what is going on with this item. I don't know if it's been lost, in transit, or out for delivery cos the seller hasn't even sent me a tracking number for it, despite me asking them if they would send one. I got no reply at all when I asked. They have been listing new items since then though, so I know they've been online. Just now I sent a follow up asking if they could contact Royal Mail about what's going on with this item. I don't think they will reply to that either but it's not like I can do it cos I have no tracking number. I was thinking of opening a item not received case, but since they didn't bother giving me a tracking number, I don't think I will have a leg to stand on in a case. I don't know what to do?

[tressygirl]

Whilst it' always best to contact a seller first so tey can correct a problem , promises can be broken so then you need to open a case for your refund.

You need to open the correct case here.

Was this 2 separate purchases?  Then,  you open a case for item not received.  Escalate on day 4 if not refunded beforehand.

If this was one purchase for 2 items,  then you procedd this way:  As you have received an item not as described,  so you are guaranteed a full refund under eBay's 30 day MBG,  Money Back Guarantee policy,  if you claim within 30 days of the item's last estimated date for delivery.

You then go right of the item in your Purchase History,  and from More Actions select Return this item,  selecting the reason...  Item Not as Described.

The seller has 3 days to accept the case,  if they don't ,  you need to  escalate on day 4,  or within 30 days,  and eBay will step in and force the refund.

If the seller wants the item back first,  they need to pay for a fully tracked return postage.  On receipt of their item they have 48 hours to refund you.  Again,  if they don't,  you escalate the case.

Do not close any case early for any excuse or promise the seller may give,  and do not forget to escalate.

[m25jet]

You said that you were thinking of opening a case but that you don't think you've got a leg to stand on given that the seller didn't issue you with a tracking number.  Personally I would say that you are wrong in this regard - indeed, it would be the seller who would not have a leg to stand on unless he/she could truthfully say that he/she could provide tracking details for each item purchased to prove that they had been successfully delivered to the address provided when payment was made.

If you purchased both items separately (as opposed to putting both items in your basket and purchasing them both as one transaction), then in the event that the seller decided to send both items in one package but forgot to put one of the items in the package for some reason then that may well account for the lack of a separate tracking number for the missing item, as you cannot use the same tracking number against two separate transactions.

Whatever the real reason relating to the absence of the second item, I would advise you to follow Tressygirl's instructions as to how to proceed with opening a case in relation to the item in question, as if you were to do so then you ought to stand a strong chance of getting your money back.

[urlittlestar]

I put both items in my basket then went to checkout and paid. It was not last Sunday I ordered them but the Sunday before. The items were posted the same day I bought and I stupidly assumed that they were both the correct ones. I think it was Wednesday when they showed up at my door, I think it was a 48 hour courier they used, it might have even been Royal Mail again

The thing is I have no tracking number, and when I go to my purchase history on the pic of the two orders from the seller, it says "Combined Shipping: Delivered" but this is not true cos I haven't received one of the items. Thanks for your advice but I don't think it's that easy. The seller communication is really bad. Like really bad. They have listed more new items today but still no reply at all to me

[urlittlestar]

Hi @m25jet  see my reply to @tressygirl  I'm actually starting to think the seller has blocked me, even though I was nothing but polite to them

[urlittlestar]

Sorry I can't edit my replies but I think I have been scammed. It seems really suss that they are ignoring me, knowing I'm worried about this item, this seller communication is bad but they barely even reply to simple questions about items. I mean did they even bother sending it really? I'll never buy from this seller again but I want the item I paid for. Is that really too much to ask? My fiancé reckons I should report them cos when I went to their new listings they have listed for sale the EXACT SAME item I PAID FOR that they claimed they sent last week, only in a bundle listing this time with two other items. I'm absolutely fuming about it, just don't know if eBay can do anything. Also they are on Vinted, selling the same items just under a different name, is this even allowed?

[tressygirl]

You do not have to reply to any more messages to the seller,  they are not being helpful so just follow my guidelines above and open the relevant case.

Listen to no excuses or promises to close the case early, and do not forget to escalate.

A seller cannot ignore a case opened against them,  they have to respond.

[urlittlestar]

I'm sorry but I'm really confused. I re read your advice but I guess I'm not gonna be able to do this cos I don't want to return the item that hasn't arrived, I can't return it anyway cos I don't even have it! Also I don't want to send back the correct item either. I ordered both cos I wanted both. I don't think there's anything I can actually do here. There's nothing I can do cos I'm stuck. The item that didn't come is being labeled as Delivered, even though I didn't receive it, there's no tracking anymore cos it was "delivered" even though it wasn't, and of course the seller is really rude and doesn't have the decency to reply to me at all so eBay won't be able to get a reply from this seller either, they are extremely rude and they don't value about their customers at all

I tried to report their newly listed item, the same one I bought, but I can't even do that cos there is no option to report a item re listed that has already been sold. The closest I got to was duplicate listing, but I can't even do this cos eBay won't let me tell them more info. I really wish eBay would get rid of this seller though! 

[naughty_neena]

You need to open " item not as described" case

Do not request exchange.

Its up to the seller to send you a return label.

If after 4 days they have not.

Ask ebay to step in and they will

They may tell you no need to return the item and then deal with your refund 

[tressygirl]

If you ordered one purchase which should have included 2 items,  the only way to receive a full refund is to to open a case for item not as described.

You can message the seller beforehand and inform them of their error,  but you cannot enforce them to send the missing item.

The only way is to receive a full refund for item not as described,  but,  if the seller wishes for the part item received to be sent back first you'll need to do this,  but at the seller's expense.

Once your full refund is made,  you can buy the item again, from this seller or another.

@urlittlestar 

[m25jet]

I'm sorry to hear you've been having such a bad time with this seller.  It's even worse to be treated as though you're nothing but a nuisance if you've been nothing but polite to the seller.

At any rate, it seems as though the seller clearly has no intention of resolving the matter amicably.  Therefore I would suggest you do as has already been suggested and open an Item Not As Described case against the seller.  If the seller wants the goods back as a condition of issuing the refund he/she will have to send you an eBay returns label at his/her own expense.  If this does turn out to be the case then you will need to return the items you recevied, so in the meantime do some further hunting for the items you wanted, and if you succeed in finding identical items being listed for sale by somebody else add them to your Watch List so that you can purchase them once you have returned the items to the seller for a refund of your money.

Once you have opened the case keep an eye on it and if the seller doesn't respond after three days make sure that you escalate the matter to eBay.  If eBay have to step in then they will force the refund and you'll get a total refund of the money that you paid to the seller.  In that scenario they may even tell you that  you don't even need to return the items that the seller sent you.

Finally, once the case has been closed and you've got your money back, make sure that you leave the seller some factual feedback relating to how you feel the transaction went.  Don't mention that you had to open an eBay case and/or include any offensive remarks in the feedback that you leave, as that way the seller could ask eBay to remove the negative feedback and they would probably agree to do so.  Any negative feedback left for the seller that doesn't get removed would result in a damaging defect on his/her account, and if eBay have to force the refund then that would also result in another black mark on the seller's account in relation to the transaction.

[*guinevere*]

Everyone's advice here is to open a case against your seller, and you should do so.

We're still not sure whether the two items were bought as one item or whether bought separately. This makes a big difference.

Have a look in your purchase history and if you can see the items listed separately there, they must have been bought separately. If this is the case open an Item not received case for the item you didn't receive. This will not affect the second item you bought, which is a separate transaction.

If you see them both as one transaction you must open an Item not as described case because what you recieved was a parcel that wasn't as described as it has parts missing.

Open the relevant case. You may have to be prepared to return the item if you have opened a not as described case as this may be the only way to get a refund.

Just make sure that whichever case you open you keep an eye on it and escalate when told to.

[urlittlestar]

Thanks to everyone who has tried to help! Rung eBay this morning and they have opened a item not as described case. I've been told that I should be able to keep the correct item but might have to send the wrong one back. I'm backed by their money back guarantee and they have said if I hear nothing from the seller or nothing changes at all, I can ask eBay to step in from this Friday 

[tressygirl]

Again not being too sure if this was one purchase or two separate ones ,  Customer Service might have given you slightly misguided information.

If this was one purchase, and the seller sends a prepaid label wanting their items returned,  you need to return all the items from that one purchase.

If this was 2 separate purchases,   then yes,  you just send back the faulty item.   Your Purchase History page will confirm if it was one or two purchases.  

Seller has 3 days to accept refund, or send that tracked return label,  if they don't you escalate the case on day 4 and definitely within 30 days, eBay step in and force the refund.

Do not listen to any promises or excuses from the seller to close the case early, and don't forget to escalate.

@urlittlestar 

[m25jet]

@urlittlestar  I've just thought of something that perhaps I should have mentioned earlier, but it slipped my mind previously.

Given that this seller appears to be rather troublesome to deal with, in the event that he/she leaves a negative comment on your feedback history, get in contact with eBay Customer Services straightaway and ask for the comment to be removed.  As it's a breach of eBay policy for sellers to leave buyers negative feedback I'd be extremely surprised if eBay refused to remove the feedback, so if that does happen you shouldn't have too many problems getting it removed.  It may not happen, though - the seller would have to be pretty stupid to leave you negative feedback after all the aggravation he/she has given you, as it would mean an extra defect on his/her account if the comment was reported and removed, but I just thought it would be worth explaning how to deal with something like this just in case you haven't had it happen to you before and the seller leaves you some negative feedback relating to the transaction.