item stolen from package

[ls261]

Hi,

Last week I received a package that should have been a Macbook. When opended its content was replaced with an office paper. Straigt away I filed a wrong item sent and sent the seller a message and photos. 

He is, understandably, trying to resolve it with the Packling (Hermes). Tomorrow could the Ebay get involved and I just received this message from the seller: 

Thank you for your email. I understand the rules very well.

I have been on the phone to eBay today, and they will put this case on hold tomorrow until Packlink responds.

I will be proceeding as I have described in my earlier email messages:

- Packlink investigation
- eBay investigation
- Raise a case with the police

I have been told by eBay to await the outcome of the Packlink investigation before doing anything further. Like I keep saying, I will keep you informed.

Where do I stand with this one, please?

[red_magpie]

The advice your seller claims to have received from eBay is untrue.

You absolutely must NOT wait for the seller to claim compensation from Packlink. They will be lucky to get any anyway, budget couriers are notorious for exclusions and low levels of compensation. Anyway, this is your seller's problem, not yours.

What you need to do is to open a "not as described" case under eBay's money back guarantee, through the resolution centre (see foot of page). To qualify, you must have paid for through eBay's checkout, using PayPal or PayPal Credit, a credit card, debit card, Google Pay or Apple Pay.

Note you MUST be sure to open a not as described case, not an item not received case. If you claimed not to have received it, your case would fail because the seller can provide proof of delivery. It wouldn't matter what was delivered.

You must also keep the packaging and the sheets of office paper, as eBay will require these to be returned to the seller.

A case must be opened within 30 days after the actual (or latest estimated) delivery date, or, if the seller's return window is longer, within their return window. EBay will enable the seller to send you a prepaid return label (this applies to returns within the UK only). The seller is allowed 3 business days in which to respond. After that, the option will appear for you to escalate the case, if necessary, for eBay to step in and help. This option remains available for 21 days from the date the case was opened.

If the seller doesn't respond or you're not happy with their response, escalate it. Follow any instructions and time limits carefully, and don't agree to close the case until you have received your refund.

For full details of eBay's money back guarantee see: http://pages.ebay.co.uk/help/policies/money-back-guarantee.html

If yuo have any further questions about this please don't hesitate to ask again.

[ls261]

Thank you for your reply.

I have already opened the Wrong item sent case last Friday. As of tomorrow the Ebay can step in bus as you see from the sellers reply :"I have been on the phone to eBay today, and they will put this case on hold tomorrow until Packlink responds", I am not sure what I can do.

[papso22]

You ask ebay to step in tomorrow.