10-09-2020 6:45 PM
WARNING:
Ebay are conducting themselves illegally by refusing to issue me with a valid refund, where an item paid for in good faith has failed to be delivered to my address. It has been marked as delivered in their system by information provided by the courier/ or postal service and yet NOTHING has been delivered to me. Despite my taking matters into my own hands and knocking door to door when I first discovered this error, (which was NOT what I paid for or my job to do, the item is nowhere to be found. And yet Ebay, in their negligence and failures to understand the LAW, have found in favour of the seller, which is illegal and an 'abuse of process', where they have already been notified that the item was marked as delivered, but was not delivered to me and I know not of its whereabouts. They have further trained to tell me that i need to chase around after the courier, which again is not my duty or oligation do as that does not form any part of the CONTRACT I made with the SELLER!! Furthermore what Ebay seems to fail to recognise, is that due to the current state of affairs in this country with Covid, the postal staff/couriers etc are no linger reuqired to obtain a SIGNATURE from the addressee of the property which they deliver the items to and as such they have been authourised to sign these deliveries themselves, giving rise to fraudulant claims that itemshave been delivered, which in my case they have not. Therefore I will be seeking legal advice to bring a claim against ebay for loss, where they are acting wrong in law and where they have lead me to believe that my interest when using their site, are protected, which is clearly not the case.
IN CLOSING: Be warned all ye who are using this site and making purchases in good faith, as you may become a victim of Ebay's flawed or corrupt practices yourself.
But for me going forward, I will be looking for a more honest, reliable and reputable service
We do hear of this happening. I am afraid that the result is that eBay cannot investigate and - if it shows delivered - has no way to determine "where" and gives the benefit of the doubt to the seller. You are quite right that you are not part of the direct contract with the Courier [Seller is the other party] but they would owe you a duty of care. Remember Donaghue v Stevenson [1932]. I would - although as you say you don't need to amke one hell of a fuss with the seller and with the Courier company
I have been on eBay for some 14 years. During that time [I may be lucky] I have never had a parcel go adrift either buying or selling. It's true I have lived in rural areas where we know all post staff and couriers. In general I would normally only buy from people using Royal Mail and only use them to sell.
We have to ask "where do they go, and why?". If someone delivered a random parcel to me I would take steps to get it to the recipient, If I was in when it was delivered I would simply say that my address was XXX and this was not that.
Do let us know if you get anywhere with pursuing anyone. If it is supposed to be delivered by Royal Mail you could try getting Royal Mail Investigation Service involved; they are a fierce lot.
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