'Item not received' claim for delivered item :)

[sportex-uk]

I've received the most nonsense claim today for item not received:

"Although the item was delivered to my address, the delivery person left if downstairs by the lift and did not ring the bell. By the time I checked my emails for delivery status and went down to retrieve the parcel, my item was already stolen. We have warned all the delivery companies in the past to deliver in person as theft is common in our building. Could I please request a refund?"

Item shows as delivered one day before, with Royal mail photo showing a number of parcels left at the common area. Ebay hasn't even blocked my funds (yet). I've updated tracking details (I use Tracked48 exclusively) and sent a message that I cannot be find responsible for stated issues. Anyway, I expect to be hit with 'closed without seller resolution', as ebay needs to resolve the situation while I cannot - I only have a possibility to send a message or refund the buyer. 

Interesting is that when you google distinctive buyer's name, it comes up as a serious person, with global reputation in a scientific background, so unlikely a scammer, but rather someone a bit silly.

[_localhost_]

It does seem a bit sharp to be asking for a refund so quickly

has he reported the theft to the police? got a crime number? its his responsibilty to do that as it was stolen from his property.

have you asked them to check with neighbors incase one of them has taken it in, intentionally or not. or checked their local sorting office to see if it was actually returned there. 

fire off those questions to them and see what they say. it might magically turn up.

[bits_n_bobs_heaven]

The buyer should know the proceedure and should open the appropriate 'Item Not Received' case.

Do not refund, and if they threaten you in any way, then block & report them.

I assume that you have added the tracking number to the purchase? If not, then I would suggest that you do that in case the buyer does open a case. The proof of delivery will be present and available in the system.

If the buyer opens a case, you need to do absolutely nothing other than wait for the time to lapse, even though eBay will keep reminding you to take action. Once the deadline has been reached, then you as the seller, can request eBay to esculate the case. As proof of delivery is available, then the case will close in your favour.

[sportex-uk]

I don't think it is my role to advise them on obvious things. If someone orders to common area, it's their responsibility and I can't see myself held responsible under any circumstances.

Yes, I've added tracking details - although I purchase labels via ebay, I know it needs added anyway.

The case seems straightforward, but I'm still not certain of the outcome.

[douglaspuglas]

If you've added tracking to the case that shows as delivered you should win the case.

[marco@ebay · Accepted solution]

Hi sportex-uk, thanks for your post.

Just to add to the advice given above, if you have tracking information confirming that the item was delivered to the correct address, a potential case filed by the buyer should be decided in your favor as per our Money Back Guarantee policy, you just need to make sure to add your tracking information when the case is filed, so you are fully covered. 

If you need further assistance on this, feel free to tag me here, and I will be happy to help.

Thank you,

Marco

[*vyolla*]

It's important to encourage your buyer to go the correct route via an eBay item not received claim. The case will be found in your favour and your buyer may then appeal.

If they lose the appeal (or don't bother with one) they may issue a not received chargeback via their card provider. This will get them a refund because there's not sufficient proof of delivery there, but because eBay have already closed a not received claim in your favour you won't have to foot the bill and pay the £16 admin fee here - under eBay's Seller Protection they'll be paying out, not you. 

If your buyer doesn't open an eBay claim and goes straight to chargeback you'll be refunding and paying the £16 fee. 

[4_bathrooms]

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@*vyolla* wrote:

If your buyer doesn't open an eBay claim and goes straight to chargeback you'll be refunding and paying the £16 fee. 

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Not according to eBay's payment dispute seller protections:

"When a buyer opens a payment dispute because they didn't receive the item or they don't recognize the transaction, sellers will be asked to provide:

• Evidence of successful delivery to the address provided by the buyer at checkout, or
• Proof that the buyer collected the item

If eBay determines that the item was successfully delivered or collected:

• We will not seek reimbursement from the seller for the disputed amount, even if the payment institution decides that the buyer is owed a refund; and
• We will waive or refund the seller's dispute fee"

[*vyolla*]

Ah, I stand corrected. For some reason I was under the impression that an eBay INR had to be won by the seller first. 

[4_bathrooms]

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@sportex-uk wrote:

I don't think it is my role to advise them on obvious things. If someone orders to common area, it's their responsibility and I can't see myself held responsible under any circumstances.

Actually, you're a business so the Consumer Contracts Regulations apply. According to regulation 43 of the CCRs:

"Passing of risk

43.—(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3) Paragraph (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5) Paragraph (4) does not affect any liability of the carrier to the consumer in respect of the goods."

However, eBay has your back here. As previously advised, the best thing to do is ask the buyer to open an INR case. Of course, the tracking/online delivery confirmation means the eBay case will be closed in your favour. You can then direct the buyer to open a payment dispute which they are almost guaranteed to win but you won't be held liable for refunding the buyer. 

[sportex-uk]

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@4_bathrooms wrote:

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However, eBay has your back here. As previously advised, the best thing to do is ask the buyer to open an INR case.

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They already have. I've sent a message, uploaded tracking and I'm not going to engage any further into the conversation. Just leave for ebay to decide. Even if it would be my loss, I can live with this, just expect such issues to happen (although they luckily happen far less frequently than I'm prepared to). The buyer is certainly  on my blocked list already.

[testarossa752]

I had the same issue...motorcycle helmet sold for £152 + postage. Went through eBay to buy the postage.

Yodel left the parcel in the buyers bin, which promptly went off with the bin men.

Stupidly, having never had this happen before and being pressured by the eBay emails, I contacted Yodel who admitted laibility and said I need to go through Packlink to claim.

Yesterday, Packlink stated that if I refund the buyer and send proof, they will issue the compensation.

Today, having refunded, I find out they are compensating me £25.

Gutted!

Seems that if I'd left it like is advised in this thread, I'd have kept all the money.