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Community Newcomer
Posts: 1
Registered: ‎14-04-2017

Buyer is claiming item not received, but was delivered in person.

Hi all,

My partner was selling some items on eBay as a bundle, worth about £200. The buyer won the auction and paid £210 including a £10 postage fee.

The buyer paid about 5/6 days later and due to the recent Easter weekend and having a holiday from work my partner got confused on the days and thought it was friday (it was Thursday) She said she would post first thing Monday. Buyer didn't respond to this.

On friday (later on) she realised she could have posted today and fearing negative feedback, she offered to deliver in person as they were only about an hour away.

She delivered in person to the buyers work, and the buyer took delivery himself.

All communications were done through text between my partner and the buyer.

Problem is, the buyer paid for tracked postage, and is now claiming he didn't receive the item.

My partner hasn't responded to the claim yet, what can she do?

Kind regards
Community Member
Posts: 224
Registered: ‎06-05-2007

Re: Buyer is claiming item not received, but was delivered in person.

in reply to g1mckenzie

Unfortunately if the buyer has opened an Item Not Received case they will win and be refunded as your partner cannot prove deliver with a tracking number. 

 

Im wondering whether it maybe worth visiting again and speaking to the buyer, asking why they are claiming that as they were hand delivered. An alternative could be a Next Day Special Delivery letter sent to their PayPal address as a "receipt" for their payment....if you enter the tracking number into the case and it's signed before before they can escalate it then you will win. This will cost £7.25 but will be quick. 

 

Hopefully someone else else will be along soon with some more and probably better advice, good luck

 

 

Community Member
Posts: 1,970
Registered: ‎31-03-2014

Re: Buyer is claiming item not received, but was delivered in person.

in reply to g1mckenzie

Hi this is a tricky one as eBay and PayPal rely on a signature through a 3rd party which can be seen on line.  Also all messages should have been through the eBay messaging service instead of texts so that could also be checked as eBay can read the message.  It doesn't sound like you got a signature from the buyer either - whilst not acceptable on eBay it might be acceptable if legal action was taken.

 

The only thing I could suggest is to politely advise the buyer that since he has the items should you end up refunding you will have to take legal action through the small claims court.  Not had to do it myself as the stuff I sell is seldom over a tenner but in the mean time you can do some research.  Look up Letter before Action (Citizens Advice Bureau can help you as well), Debtguard is a company recommended by another member - think they send a letter for you.  Also if you do end up refunding then report the buyer to Action Fraud as what he is doing is fraudulent.  Unfortunately some buyers will use the site if they think they can get a freebie.  You need to let them know that you won't be refunding without a fight.  And add them to your blocked list now as you really don't want to be dealing with them again since they are obviously dishonest.  And keep all your text messages in case you need them for legal action.

 

Or tell the buyer if you end up refunding you will contact Judge Rinder and hope he will enjoy his tv appearance in front of The Judge!

Community Member
Posts: 504
Registered: ‎27-09-2010

Re: Buyer is claiming item not received, but was delivered in person.

in reply to kyanyama
The OP can put up as much of a fight as they like, but they WILL be refunding unless the buyer chooses to close the claim

eBay will take the funds if OP cannot provide online proof of delivery from a courier, which they cant.

The only way to defend a claim for "item not recieved" is to provide a tracking number. Failure to do this will result in an automatic refund to the buyer. The cases are automated and will not be looked at by a human, it will be awarded in the buyers favour in the absence of a tracking number proving delivery.

A signature on a bit of paper is meaningless and eBay wont be in the slightest bit interested in looking at it.
Community Member
Posts: 504
Registered: ‎27-09-2010

Re: Buyer is claiming item not received, but was delivered in person.

in reply to myriad*seller
Judge Rinder is not a proper court - it is a TV show with no legal powers

There is no way to force the buyer to appear on the Judge RInder show, he could just politely (or impolitely) decline, it has no legal powers and people only appear on it if they consent to do so (and if the show is interested in the case).

You would have to take the buyer to small claims court if you wanted to take action.
Community Member
Posts: 20,445
Registered: ‎26-01-2009

Re: Buyer is claiming item not received, but was delivered in person.

in reply to greekrocksforever

You cannot make such a suggestion as it could amount to fraud and is therefore illegal.

Community Member
Posts: 1,970
Registered: ‎31-03-2014

Re: Buyer is claiming item not received, but was delivered in person.

in reply to myriad*seller

It's really just to get the buyer to back off from claiming a fraudulent refund!  Wouldn't like to be in the seller's shoes tbh.

Community Member
Posts: 224
Registered: ‎06-05-2007

Re: Buyer is claiming item not received, but was delivered in person.

in reply to plpmr

I didn't realise my suggestion could amount to fraud and be illegal so I'm sorry about that and OP please ignore my response. 

 

 

Community Member
Posts: 189
Registered: ‎13-12-2013

Re: Buyer is claiming item not received, but was delivered in person.

in reply to greekrocksforever

plpmr's post was originally addressed to another responder whose post was deleted.  That said, their suggestion was similiar to the one you make in your second paragraph - sending something merely to obtain proof of delivery.

 

The trouble with fighting fire with fire (or dishonesty with dishonesty, in this case) is that the game is still rigged in the buyer's favour.  What's to stop them from saying that the item they've finally received is not as described and forcing the seller to pay to have nothing/a piece of paper/a weighted box sent back to them?  The seller ends up spending more money for nothing.

 

The other reason it's a bad idea is because the seller may then forfeit their right to legal redress.  There is a principle in English law called the "doctrine of clean hands".  Essentially, it means that courts will not rectify a wrong perpetrated against you if you have also acted improperly (e.g. you want to sue your neighbour for damaging your property, but assaulted them after the damage occurred, or a landlord seeks to evict a tenant, but has already violated the tenant's rights).

 

All that said, the buyer is a nasty piece of work and I hope the OP takes action to rectify the situation.  Ebay will not be on their side, but the law is.