on 21-04-2017 12:17 AM
on 21-04-2017 12:32 AM
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
on 21-04-2017 10:16 AM
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!
on 21-04-2017 11:43 AM
on 21-04-2017 11:45 AM
on 21-04-2017 5:48 PM
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.
on 21-04-2017 7:43 PM
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.
on 21-04-2017 8:10 PM
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.