Courier falsely claims I refused the item

[fashionista27]

I bought one item from Turkey. The seller posted it by FedEx. The tracking shows it refused the delivery when in fact the courier was not here. The tracking shows it was loaded on tge can at 7:58 am and I refused it at 8:00am when it takes at least 25 minutes to cover the distance from their warehouse to my house so it is physically impossible to refuse it 2 minutes after they loaded my item on their van. The seller is very disinterested in resolving it and claims I won't get my postage costs back when it will arrive back to Turkey. Is he right? Why should I lose £19 due to the courier's incompetency? 

[us.ireda]

Legally, if it is evident that you did nothing wrong, you cannot be punished, no matter who says what. 

"If I smash a window, it is illegal to make you pay for it". 

[style_wise]

I am sorry to hear you had this experience. To simplify your query, let's break it into two issues, one for the Seller and one for you (the Buyer). Please read calmly, as I am just reviewing eBay policies as I understand them:

1). The Seller did everything correctly. eBay regards proof of Attempted Delivery as the same as Delivered. So your Money Back Guarantee is invalid. You cannot open an Item Not Received Case (tracking proves 'delivered'). The item will go back to the Seller and eBay will let them keep it and the money too.

2) It sounds like the Courier did not do their job correctly. You could gather your evidence and give eBay Customer Service a call to explain this. CS may give you a courtesy refund. If that doesn't work you could do the same with FedX themselves.

If neither of those work, then you could politely explain the situation to the Seller and ask or their help. When they have the return back safely and in original condition, most Sellers would be open to giving courtesy refund of the Item Price (not including the Postage, which you have lost if eBay or FedX couldn't help).

[fashionista27]

item was NOT delivered so why I cannot open the case? The seller is unwilling to offer me refund for the postage and kept silent for 2 weeks not responding to my messages. I have only phone numbers where no one answers and as for The American number I am not going to call the US. The courier just keeps my prioroty parcel for 3 weeks and doesn't make any attempts to deliver it to my address.

[us.ireda]

Here's the legal problem : You do NOT have a contract with the postal service used, as a buyer. They do not have to talk to you and you do not have to talk to them. They may, and you may, but there is no legal obligation. 

The onus is not on you to prove anything. When they (if they) try to use lies, you should disprove those lies and then stop the whole mess on the basis of a lie being used as part of a contract sale deal. 

Give ebay one chance to fix the mess as they and the seller have the combined postal deal. Not you. Then contact your bank and force a refund giving them proof that you have been ill treated in contravention of a contract.

These companies are treating people so badly now. It's just a matter of time before political petitions are formed to force them to change.