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Old 16-04-2007, 14:19   #1
Joffy
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Dispute

I bought a joystick from Ebay which was described as excelelnt condition and used once.
Once it arrived, not in it's original box, there was a button missing, and was nowhere in the box/packaging.

The seller told me to send it back for a refund which I did using recorded delivery.

He then contacts me saying the psotman left a card saying he put the parcel in his recycle bin and when he looked it was gone!

He sends me a link to a royal mail claim form, but it states you have to wait 15 days from delivery to claim for lost and damaged items.

I told him I shouldn't have to wait that long and could he refund me and then when the claim is finally sorted i'd send him the payment.

He won't accept this and say's it's my responsability to sort a refund with royal mail.

Would you wait for royal mail or demand the selelr pays up now?
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Old 16-04-2007, 14:25   #2
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I think I would side with the seller on this one. If you get your refund, you might not bother making the claim, so he loses out. Out of order to you, but that's the way I would play it.
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Old 16-04-2007, 14:31   #3
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Originally Posted by pete00 View Post
I think I would side with the seller on this one. If you get your refund, you might not bother making the claim, so he loses out. Out of order to you, but that's the way I would play it.
But has it been delivered, according to Royal Mail? Try putting the reference number into their track and trace service
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Old 16-04-2007, 14:32   #4
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Yeah guess so but I dunno if I trust the guy. The postman was out of order not getting a signature but seems strange the parcel went missing. I have been tracking the delivery and it not showing as delivered.
Think the seller just doesn't want to be out of pocket for sending a dodgy item. Looking at his other sales he has taken pics of his items, but the joystick auction he used a stock photo hmmm.

Last edited by Joffy; 16-04-2007 at 14:33.
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Old 16-04-2007, 16:54   #5
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Yeah guess so but I dunno if I trust the guy. The postman was out of order not getting a signature...
Right, but you only have the seller's word for that don't you? And he's already illustrated his level of honesty by mis-describing the item in the first place. The story about the recycle bin sounds like a crock to me.

If the RM site says it hasn't been delivered then you should make the claim against RM, as they've effectively lost the parcel. If it says it has been delivered, I can't see them honouring any claim.

Last edited by PPJ; 16-04-2007 at 16:54.
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Old 16-04-2007, 18:02   #6
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Well the tracking is still not showing as delivered.
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Old 16-04-2007, 18:13   #7
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Well the tracking is still not showing as delivered.
Ah, sorry, didn't read the previous post properly. I see. That sort of backs up the seller's story. Has it been long since you posted it?

I think in your position, I would wait until it either shows up as delivered (and get a refund from the seller) or for the 15 days to expire. At that point either you get compensation from RM or the seller does it and refunds you (not sure which is more usual).
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Old 16-04-2007, 19:27   #8
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Actually, the failed delivery doesn't back up the seller's story. All it shows is that the item has not been delivered. I would say that the postman tried to deliver, but the seller either didn't answer the door, or wasn't in. The postman left a card telling the seller to pick up the item from the sorting office, but the seller isn't going to bother. I would guess that the item will be returned to the OP very soon.

OP, start a paypal dispute if you can. Explain that the seller is refusing the return, as he has admitted that RM did try to deliver the item. If the postman had left the item in the recycle bin, the postman would have signed for the recorded delivery. He wouldn't have just left a card, as the item needed to be signed for. The seller knows you won't be able to claim from RM, as the item isn't lost - it's sitting in his local sorting office waiting for him to pick it up!
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Old 16-04-2007, 19:44   #9
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Thanks for the reply. He says he called customer services who gave him a ref number that will guarantee a refund as it was their fault it wasn't signed for, and offered to send me the delivery card he got. He said the postman haad wrote, "left in bin" on the card.
I started a Paypal dispute straight away.

Last edited by Joffy; 16-04-2007 at 19:51.
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Old 17-04-2007, 08:21   #10
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Have you called customer service and asked them what to do - ie if you can claim for it?
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Old 17-04-2007, 08:37   #11
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Quote:
Originally Posted by Joffy View Post
He said the postman haad wrote, "left in bin" on the card.
Postman: Hmmm, I can't deliver this parcel... What can I do with it? I know, I'll leave it in this bin, that gets regularly emptied by the council. Will that work? Yes, of course! I can't see any possible flaw in that plan.

Two possibilities:

1. Seller is lying.
2. Postman is a 'tard.
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Old 17-04-2007, 11:05   #12
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Originally Posted by PPJ View Post
Postman: Hmmm, I can't deliver this parcel... What can I do with it? I know, I'll leave it in this bin, that gets regularly emptied by the council. Will that work? Yes, of course! I can't see any possible flaw in that plan.

Two possibilities:

1. Seller is lying.
2. Postman is a 'tard.
Well i've asked him to send me the delivery card so will see.
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Old 17-04-2007, 11:07   #13
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Our postman has left a parcel in our bin before and popped a note through the door to say that. We were WELL annoyed. Another time, he left it behind the flower pot. We live off a main road - people could see it and nick it!!!
Needless to say, we told him to stop doing it and so far he has!
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Old 17-04-2007, 11:17   #14
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Garages/Sheds are where mine are left if I'm not in. Great postie.
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Old 17-04-2007, 11:43   #15
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But surely they shouldn't be left anywhere if a signature is required
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Old 18-04-2007, 11:11   #16
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I've just got the "Sorry you were out" card the postman had left this guy.

In the name and address section...

PARCEL IN BLUE BIN THANKS POSTMAN!

Next section....

You were out and your: Packet ticked.

Delivery person duty number: just a scribble.

Ticked; Has been returned to the Delivery Office at:

You can collect collect the item. Please leave___ hours: He wrote NEXT.

So it all looks very strange to me. Maybe postie just filled in the returned to delivery office bit and the guy has forged the rest

Last edited by Joffy; 18-04-2007 at 11:15.
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Old 18-04-2007, 17:32   #17
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I think the guy forged the rest. Sounds to me like the seller won't pick it up because he doesn't want to refund you (he sold you a broken joystick and knows it), but he also knows you won't win a paypal claim if you can't prove you sent it back and he received it. I would contact his local sorting office and ask them if they have the parcel. I'm willing to bet it's sitting at his local sorting office awaiting collection. When you get told they've got it, email the seller back and tell him to go pick it up.

I would continue the paypal claim and send paypal the emails sent to you from the seller. The seller has admitted that the RM tried to deliver the item.

Last edited by Prufrock; 18-04-2007 at 17:33.
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Old 18-04-2007, 17:38   #18
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Well it says if not colelcted in a week it's returned to sender. I'm gonna start the claim anyway.
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Old 23-04-2007, 18:55   #19
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Just an update.
My Paypal dispute will be closed long before I know the Royal Mail claim outcome so I've continued the PP dispute asking for a refund via them. If and when the RM comes thru I'll forward it to the seller. Can't be fairer than that!
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Old 23-04-2007, 20:04   #20
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Joffy, ring his local sorting office and ask them if they've got it. That way, you'll know for sure he's simply not bothering to pick it up from them. You stand a chance of losing your paypal dispute if you cannot show you've sent the item back and he's received it.
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