Seller used her courier, faulty item. Had to pay courier separately

[poniesinthemist]

Hello

I recently purchased a used reproduction antique chair. The purchase price was 320.

The seller said she would send it to me due to distance and that I should pay the courier directly. She asked me to pay as if I was collecting in person as I pay the courier directly. I agreed as I didn't see anything untoward. 

It took 15 days for the chair to arrive. The 'man with a van' was not the reputable courier she described. He opened a grotty van and his colleague slung a completely unwrapped chair onto the muddy verge. I wouldn't let them take it in so I carried it in myself. They were very rude as I walked away, and slung an insult. 

I took the chair in and told my husband to deal with it, he signed the delivery and they left. 

The chair had marks on both sides of the cushion seat, on the side and was extremely faded. None of which the seller mentioned at all. 

I immediately contacted the seller who responded with a message saying that she has family problems but will sort it out. I told her about the courier and that I won't be paying him by bank transfer. He promptly sent a threatening message saying he will be taking me to court for 55 pounds.

I re contacted the seller who says she will not be discussing anything with me as she has a grandson in hospital.

I filed a case with ebay and I got a brief angry message saying she will refund me once she receives it. I have completely repackaged it in rolls of cling film and bubble wrap, unfortunately I think she will resend the aggressive 'man with a van'.

We have paid him via the bank transfer he requested, as I needed to be sqeaky clean.

So my question is

1. Have we any way of recouping the 55 pounds courier fee as the item is faulty and I should not have to pay this?

2. Can I report her to ebay for this practice,  or am I just going to have to write it off.

She refuses to give me the couriers company name, we have the name of the creature that slung the chair at me, but no record of him on Internet, apart from what I believe to be an insolvency issue, I think......

The auto message from ebay was that they would step in on 28th. Will I be able to send them evidence, the return has the uploaded photos.

Thankyou

[**peaseblossom** · Accepted solution]

i'm afraid there's nothing you can do on ebay to recover money sent direct to someone by bank transfer.     To report her scroll down to "Report a seller" on here:
https://www.ebay.co.uk/help/buying/resolving-issues-sellers/report-issue-seller?id=4022

If the return already  has your photos on it that should be sufficient.   You will almost certainly get your money back for the chair.

[poniesinthemist]

thankyou, I guess I've lost the money then.

I ve updated your reply.

Appreciated 

[papso22]

If the item was listed for collection only and a courier you paid collected it, then you are not actually covered by the money back guarantee.

If you get a refund for the cost of the chair you will be doing well.  

[sml192]

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@papso22 wrote:

If the item was listed for collection only and a courier you paid collected it, then you are not actually covered by the money back guarantee.

If you get a refund for the cost of the chair you will be doing well.  

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As far as I can see the OP should still be covered by eBay's Money Back Guarantee.  The Money Back Guarantee is only void if the buyer arranges their own courier.  In this instance the courier was arranged by the seller.  The fact that the OP paid for the courier shouldn't make any difference. 

[papso22]

I think the paying of the courier by the buyer may override who actually sorted out the courier,  but as we know  unless the seller points this out to ebay, the claim will proceed as normal.

[poniesinthemist]

Thankyou. Yes I think that I should recieve the cost of the chair,
hopefully. I did click on damaged item as opposed to INAD, but the outcome
should be the same.
It's just awkward that the seller refused to both give the courier details
to me, i.e his registered company name, and acknowledge her deliberate
omission of any flaws. She may well have an ill grandson, but I've heard
this one before, but of course you cannot be sure. She has over 5k sales as
an 'antique' dealer.
I would dearly like to be able to do something about the aggressive bully
of a courier, he's probably going to collect the chair as she uses him all
the time.

[papso22]

You should not let that happen.  You will have no evidence of return  if you need ebay to step in.   

[honestbroker241]

ebay have rarely imbursed me. Even when buyers have never paid. Yet they have taken the side of the buyer 3 months after a sale,