need some help..anxiety through the roof

[ninaswfc68]

I sold a mobile phone on ebay (reluctanctly) but needed the money.  I got proof of postage and proof of delivery to a click and collect Argos store.  5 days after delvery the buyer messaged and asked if id sent the phone.  Told him it was waiting for him at the Argos and sent him proof.  He came back to me the next day saying the phone wasnt there and the manager had informed him it must have been stolen and to go back to the seller (me) for a refund.  The next thing i know hes put in a case with Ebay for a refund.  I sent off the proof of postage and delivery but now Ebay have gone with the buyer and granted him a full refund. It was £335 and i dont have that kind of money.  I have put in an appeal.  I just want to know where i stand on this.  I did my part, got proof of postage and delivery and i only have his word that the phone is not in his possession.  Any advice gratefully received

[red_magpie]

This should not have happened. From eBay's Click and Collect guidance to sellers: "When a buyer chooses Click & Collect, we automatically update the delivery address to that of their chosen eBay Collection Point". Provided you uploaded the tracking number as required, proof of delivery to your buyer's selected Argos store, this should satisfy eBay's requirement to prove that the item was delivered.

My worry is whether you complied with eBay's requirement to uploaded the tracking number to the sold section of "My eBay" when marking the item as delivered, or at least before the latest estimated delivery date?

If you did, and the tracking number confirms delivery to Argos, eBay has not complied with it's own money back guarantee. Hopefully, your appeal will succeed. If it doesn't, I suggest that you start by setting out the facts in writing to eBay's head office address (see the user agreement) by recorded delivery post. If you don't get a satisfactory response, for the sum involved you should consider taking legal action through the small claims court or the Courts and Tribunals internet based money claim service, see: https://www.moneyclaim.gov.uk/web/mcol/welcome.

If you overlooked to upload the tracking number as required I'm afraid you won't have a leg to stand on if eBay turns down your appeal.

Your only hope then would be to write a letter of complaint to Argos, their head office, not the local shop. You can point out that eBay has required you to refund the buyer in full, and that Argos should now take responsibility for the loss of this parcel while in their custody. If possible, take advice from a solicitor first. It's complicated, as any legal agreement Argos has for this scheme will be with eBay, not you, and you have no way of knowing whether or not Argos is made liable for loss or damage to items within their store.

Good luck!