Item not packaged sufficiently - and not received ...

[anenglishrose]

Hello!

We purchased a Sony mobile phone for £57.66 from a techy company on here.

A few days ago we received an opened Jiffy style envelope ... that had been folded through the letterbox, with no phone inside! All there was, was a card from the seller. On photographing the envelope to begin with complaint, it was clear that the envelope seal was not sticky, and had either been opened a little while, or had not been sufficient enough to seal the package. There was no tape over the evelope seal to secure the phone inside. I thought this was odd, as usually mobile phones that we have ordered previously come well sealed and taped inside of a box.

Regardless, we did not receive the item. There was no sign of it around the letterbox - incase it had dropped out there, and we made a complaint to the seller. The seller was polite and advised us that they had spoken to ebay and that we should open a return request to begin the process ... trusting in the seller, I did this, stating full information of not receiving the item, and supplying photographs of the envelope and the opening - as received. However, we were then requested to return the item, issued with a parcel label ... to which i then had to write to the seller to explain, we did not have an item to return! The seller did not respond and so we closed the return request, did some additional research, and realised that from our perspective this should have been an item not received case. I have now attempted to this, and it will not allow it.

At present, we - or at least my daughter - is without the phone she chose, and I am over £50 out of pocket ... with no idea how to resolve this issue and get our money back. While I am sure there are some cases that are fake ... we genuinely have not received the item, and feel this is completely unacceptable! Surely it is against the Law to take money from a customer and not supply the goods under contract selling obligations and guidelines?

I have attempted to reach out the seller again, but am unsure how to resolve this now.

Having used eBay for many years ... I will not be scammed out of pocket by unacceptable seller practices on here.

If anyone can advise or assist, I would be very grateful!

[moldosgifts]

Open a case for item not received, keep it simple.

[**peaseblossom**]

A return case was the correct thing to do as the tracking would show delivery which would negate a "not received" case.   Now you've closed it you cannot open another one.   Contact your payment provider and see if they can help with refund or chargeback.

[buffster1963]

You should have returned the empty envelope as that was all you received. Now you have closed the return Ebay will deem the matter closed. As said, contact your payment provider. 

[anenglishrose]

Thank you for the responses. I have since contacted eBay - and they are now managing this.

[anenglishrose]

I have contacted eBay, they were very helpful ... and are now managing this. Thankfully!

[buffster1963]

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@anenglishrose wrote:

I have contacted eBay, they were very helpful ... and are now managing this. Thankfully!

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Could you let us know if Ebay resolve it for you please? Normally they do not get involved if a case is closed so it would be good to know if they do. 

[plpmr]

If a not received case is opened and the phone was sent tracked the buyer will lose the case.

[nigel_paul_wright7557]

You actually received something (the jiffy bag) so you would lose an "item not received" case.

Tracking would show delivered so you would lose the case.

You need to open a "not as described" case which you would win.

[buffster1963]

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@nigel_paul_wright7557 wrote:

You actually received something (the jiffy bag) so you would lose an "item not received" case.

Tracking would show delivered so you would lose the case.

You need to open a "not as described" case which you would win.

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They already did that but closed the case as they did not have the item to return. 

[anenglishrose · Accepted solution]

Hello!

Thank you for your messages. I guess everyone has had different experiences. So I hope this helps ...

I am happy to report that I have had a positive experience with eBay management and support. I was able to speak to an advisor, after using the chat, and then explained the case. The lady who dealt with it was very helpful, took all the information, agreed that the packaging was not sufficient - as was evident in how it was received unsecure and with missing item. She was able to speak to the seller, who then made the full refund. No return case or otherwise was needed to be opened.

So while this has been a very usual case (for us) ... I am happy it has been resolved. As a customer, we really have no control over how an item is sent to us - and must receive the goods that we have paid for - or full refund. I trust that the seller will most likely now ensure that packaging is secure, boxed, taped etc ... going forward. And as we have received a full refund, I was able to communicate thanks to the seller - and confirmed I would not leave a negative review.

It has restored a bit of faith in the service!

Warm wishes!

[anenglishrose]

Please see update to the post! Thank you.

[anenglishrose]

Hello!

Thank you for your message. I have done an updated post ... I hope this is helpful!

Warm wishes!

[moldosgifts]

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@plpmr wrote:

If a not received case is opened and the phone was sent tracked the buyer will lose the case.

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I wish someone had told ebay when i had the very same case they refunded the buyer, on an item where they apparently received just the box.

[buffster1963]

Glad to hear you had a good outcome. Thank you for letting us know.