Question Re: FRAUD in Member To Member Support DO NOT DELETE

FRAUD

allgirlsclub06 — Thu, 10 Sep 2020 17:45:44 GMT

WARNING:

Ebay are conducting themselves illegally by refusing to issue me with a valid refund, where an item paid for in good faith has failed to be delivered to my address. It has been marked as delivered in their system by information provided by the courier/ or postal service and yet NOTHING has been delivered to me. Despite my taking matters into my own hands and knocking door to door when I first discovered this error, (which was NOT what I paid for or my job to do, the item is nowhere to be found. And yet Ebay, in their negligence and failures to understand the LAW, have found in favour of the seller, which is illegal and an 'abuse of process', where they have already been notified that the item was marked as delivered, but was not delivered to me and I know not of its whereabouts. They have further trained to tell me that i need to chase around after the courier, which again is not my duty or oligation do as that does not form any part of the CONTRACT I made with the SELLER!! Furthermore what Ebay seems to fail to recognise, is that due to the current state of affairs in this country with Covid, the postal staff/couriers etc are no linger reuqired to obtain a SIGNATURE from the addressee of the property which they deliver the items to and as such they have been authourised to sign these deliveries themselves, giving rise to fraudulant claims that itemshave been delivered, which in my case they have not. Therefore I will be seeking legal advice to bring a claim against ebay for loss, where they are acting wrong in law and where they have lead me to believe that my interest when using their site, are protected, which is clearly not the case.

IN CLOSING: Be warned all ye who are using this site and making purchases in good faith, as you may become a victim of Ebay's flawed or corrupt practices yourself.

But for me going forward, I will be looking for a more honest, reliable and reputable service

Re: FRAUD

pixiesen2012 — Thu, 10 Sep 2020 17:48:29 GMT

you don't have a claim against ebay or the seller

a tracking number showing the item has been delivered has been provided, so ebay and the seller have fulfilled their obligations

you need to take it up with the courier

Re: FRAUD

arkwebus — Thu, 10 Sep 2020 18:07:01 GMT

We do hear of this happening. I am afraid that the result is that eBay cannot investigate and - if it shows delivered - has no way to determine "where" and gives the benefit of the doubt to the seller. You are quite right that you are not part of the direct contract with the Courier [Seller is the other party] but they would owe you a duty of care. Remember Donaghue v Stevenson [1932]. I would - although as you say you don't need to amke one hell of a fuss with the seller and with the Courier company

I have been on eBay for some 14 years. During that time [I may be lucky] I have never had a parcel go adrift either buying or selling. It's true I have lived in rural areas where we know all post staff and couriers. In general I would normally only buy from people using Royal Mail and only use them to sell.

We have to ask "where do they go, and why?". If someone delivered a random parcel to me I would take steps to get it to the recipient, If I was in when it was delivered I would simply say that my address was XXX and this was not that.

Do let us know if you get anywhere with pursuing anyone. If it is supposed to be delivered by Royal Mail you could try getting Royal Mail Investigation Service involved; they are a fierce lot.

@allgirlsclub06

Re: FRAUD

allgirlsclub06 — Thu, 10 Sep 2020 18:30:23 GMT

Good evening and thank you very much for your response. Likewise as is often here the case, everything item delivered to my home which is not marked as meant for my address is delivered by my hand (if they are local) or put back into the postal system if not. I am fortunate enough to have a very close nit neighbourhood and have done so for decades. Many are related and we all operate under that same understood principle and so if they ALL say that they did not get any parcel for me, then rest assured that they did not get any parcel. The Sales of Goods Act makes it clear what the term 'delivered' means and that is that the Party who the Item was intended for, MUST TAKE DELIVERY OF IT and not before. Delivery is not deemed unless or until such transition takes place. Therefore if I cannot use this service with piece of mind, then Ebay quite frankly is not the right service for me and they need to get themselves a better legal team so that they do not find themselves Vicariously Liable.

Re: FRAUD

red_magpie — Thu, 10 Sep 2020 18:54:40 GMT

Ebay are conducting themselves illegally by refusing to issue me with a valid refund, where an item paid for in good faith has failed to be delivered to my address.

No, I'm afraid they're not acting illegally. You need to read the user agreement, and eBay's money back guarantee policy, which forms part of it. You accepted these as a condition of membership.

Unfortunately, this situation occurs too often. Anyone can sign for parcels, it doesn't have to be the buyer. Parcels may be delivered and signed for at the wrong address, or left in a "safe place, where they may be lost or stolen. Doorstep theft of parcels has soared in recent years.

EBay can't and doesn't attempt to investigate deliveries. When delivery is disputed, eBay requires the seller to provide a tracking number, which eBay will check on the carrier's web site. If the item is shown as undelivered, the seller is required to refund the buyer. If it records delivery to the buyer's address, the seller has done all that they're required to do, and the case is closed.

I've had two similar situations. In one, an item was recorded as delivered to my address, but was actually delivered to a similar sounding road nearby. The other was recorded as delivered, but found in the back of the van the next morning! I was luckier than you, and got them back eventually.

I'm afraid that you're just the latest of many buyers to find themselves in this situation. It's just one of the risks of buying through eBay.

p.s all we can do here is advise you on eBay's terms and conditions. You may possibly have a legal claim against your seller, especially if they're a business seller, as they may be resonsible for negligence by their agents, in this case the carrier. However, proving that they were negligent when you don't know what happened and their records show that it was delivered may prove difficult.

Re: FRAUD

tobiasd4 — Thu, 10 Sep 2020 19:04:37 GMT

Ebay provide MBG, which seller has complied with by proving delivery.
If you want to take it further against seller it will outside of ebay, look on CAB website for help with this situation.

Re: FRAUD

allgirlsclub06 — Thu, 10 Sep 2020 19:17:59 GMT

Oh and P.s further to paragraph one of your reply, thanks all the same but I did not misquote myself, I meant exactly what I said. I did not agree to and or formulate any such contract with the SELLER saying that I would accept liability to chase around after the courier should my paid for item failed to be delivered, that is the SELLERS job as the party who retained their services.

Re: FRAUD

allgirlsclub06 — Thu, 10 Sep 2020 19:19:56 GMT

To tobias,

Thank you very much for your reply, however I myself am highly legally trained and therefore as such fortunately for me I do not need the assistance of the Citizens Advice Bureau

Re: FRAUD

allgirlsclub06 — Thu, 10 Sep 2020 19:30:05 GMT

@ pixiesen2012

You keep believing that

Re: FRAUD

papso22 — Thu, 10 Sep 2020 19:50:27 GMT

And yet you started by saying you were seeking legal advice.

Re: FRAUD

*guinevere* — Thu, 10 Sep 2020 19:53:25 GMT

@allgirlsclub06 Please do let us know how you get on in taking legal action against eBay. It would be amazing to hear of a successful one.

Re: FRAUD

allgirlsclub06 — Fri, 11 Sep 2020 04:32:56 GMT

@ papso22

Yes I did say I was seeking Legal Advice, because that is the discrete way of saying, bringing action. Even the prime minister has Legal Advice and he is a Barrister, likewise does a judge by way of his Clerk of The Court. Hope that helps you understand the terminology.

Re: FRAUD

papso22 — Fri, 11 Sep 2020 06:59:20 GMT

I do understand the terminology and most people would simply have said 'taking legal action'. There is no need to be discrete. BJ is not a barrister by the way, and no judge would take advice on the law ftom his clerk, they are simply there to make proceedings run smoothly.

Re: FRAUD

allgirlsclub06 — Fri, 11 Sep 2020 09:01:08 GMT

@ Papso,

Firstly, I speak in the manner in which I find and not as you profess that I should. And secondly, clearly you know not of what you speak regarding the latter part of your comment, if that is what you honestly believe

Re: FRAUD

papso22 — Fri, 11 Sep 2020 09:09:58 GMT

And you have no idea of my background, profession, or knowledge of the legal system, so perhaps we shall just have to agree to disagree.

Re: FRAUD

allgirlsclub06 — Fri, 11 Sep 2020 09:20:45 GMT

@ Likewise that you have no clue or idea about mine, you have assumed to much.