seller refusing to send or refund never delivered item that royal mail returned

[mihir83in]

I purchased an item costing 400 GBP, it is not covered under Ebay Money back Guarantee being from a private buyer (I wish I spotted that!) 

The item was due to arrive couple of days before my flight out of the country. The seller agreed to send the item with Royal Mail guaranteed delivery next day. Royal mail delayed the item and I went travelling. The item went back to seller who agreed to hold it while I come back. When I came back, the seller started playing games and has not issued a refund or delivered the item again.

Timelines:

December 2024 19th item expected
December 2024 21st My Flight
December 2024 23rd Item arrived
December some time last week, - item sent back
February 2025 10th I came back
June 2025 nothing so far.

There are a number of messages with weeks in between allowing the seller to find the time in hope to deliver the item but smoke and mirror.

Ebay rejected my case. Royal mail would only refund the amount paid to seller that is delivery costs. I am left with hefty 400 pounds of fraud.

Please community, if you could advise on what's the course of action I can take. 

[**peaseblossom** · Accepted solution]

Private sellers are still governed by ebay's money back guarantee but that's only within 30 days of delivery date.   There's nothing you can do about it on ebay now.

Your best bet is to try money claim online (previously small claims court):
https://www.moneyclaim.gov.uk/web/mcol/welcome

Tell the seller that's what you intend doing.  It might prompt a refund.   Best of luck.

[mihir83in]

The seller has apparently blocked me. Thank you for answering!

[sml192]

As already advised, eBay's Money Back Guarantee does apply to purchases from Private Sellers but you only had 30 days from estimated date of delivery in which to make a claim. 

If you paid using PayPal then you also had 180 days from date of purchase to make a claim with them (unfortunately it would appear that you have just missed the deadline there).

If you paid with a debit or credit card then you had 120 days from date of purchase to file a chargeback, so again too late now. 

The only other possibility would, therefore, be a claim through the courts starting with a 'Letter before action', however, as it was a Private Seller your statutory rights are limited.