Ebay, please answer

[Rosenicola]

I sold a phone on eBay for �100 and the buyer didn't select special delivery, just standard, which of course means that there is no proof of delivery.

They have now said that they haven't received it and that if I don't give him a refund, he will report me to the police..

What are my rights as I have no proof of postage, but no proof I sent the item, but i did send it

Can I get into trouble as he is saying I haven't sent it...

What shall i do?

Thanks

[Rosenicola]

I'll sort it. I probably will refund and just learn from my mistake...

Thanks again :-)

[Ethel]

Whether you posted it or not is irrelevant.

Even if you had a certificate of posting, or paid for special delivery - if he didn't receive it you must refund him.

The contract is between you and the post office as you are the one who posted the item. It is down to you to refund the buyer and claim compensation from the Post Office.

I have thousands of eBay sales and understand the system very well. I have helped many buyers take sellers to court for various reasons, including your scenario.

I think this is not a scammer - scammers tend to use PayPal because the refund is automatic if the seller used ordinary post. Very easy to pull a fast one.

Having paid by cheque it is going to take some effort on his part to get his money back - report to the police, and issue a summons in the Small Claims Court. He will win.

[Ethel]

From the eBay help pages:

"f you don't receive the item you paid for and you can�t resolve the matter directly with the seller, you may wish to report them to the police. eBay will gladly help the police with their investigation. Please ask the investigating officer to email us by using the "report information to eBay" link on the Understanding eBay's Role help page.

You could also pursue a claim against the seller via the small claims court.

Please also report the seller to us via the link at the bottom of this page"

[Ethel]

Our posts crossed there. Glad you're going to refund.

Ask him to contact his sorting office to make sure it is not there - you'd be surprised how many times that is the case.

Also tell him you are going to refund him, but ask him to wait two weeks from the date you posted to make sure it is actually lost and not delayed.

Happy ebaying. :)

[Rosenicola]

OK ethel, calm down!!!!!

As already stated above, I am going to give him a refund to save the hassle and learn from my mistake..

Thanks very much for the useful answers

[legend457duo]

how long agao did you send it? Royal mail wont start looking/give you any help until the package has been missing for 28 days. I know this dosent help you now but proof of posting is a slip of paper they give you when you got to the P.O. and it's free so always ask for one,. Even if you had proof of posting, you should noe refund him and take it up with the post office

[cyanide]

Ethel there`s loads of good advice there,you should have your own category !If i`m ever in a similar situation i`ll know where to come,saying that i won`t need to now coz i know what to do.LOL great stuff!

[kp nonuts]

Well all i can say that this almost for dead certain a scam ethel about the paypal thing you say if it was a scam then he would have used paypal so how many times could he do that with paypal once or twice maybe how many times can yot do that to naive new e bayers many more and personaly i think if you call his bluff then he will know that xou are onto him. There are many scammers out there waiting for the opperutnity of this type of auction to come along please dont send money as that will only encourage them to do it again

[Ethel]

kp- if the seller doesn't refund it may well end up with a police investigation and court action to recover the monies.

It is a fact that thousands of parcels go missing every year.

[kp nonuts]

And the police will not get involved as this is a civil case as you have tried to defraud and he had the oppertunity of paying a few pounds more for insurance and on an item of that value the only people that would refuse that are scammers

[Ethel]

kp- if the seller doesn't refund it may well end up with a police investigation and court action to recover the monies.

It is a fact that thousands of parcels go missing every year.

From the Royal Mail website:

"Please wait 15 working days (from the due date of delivery) before completing this form as we would not consider an item as lost until 15 working days have elapsed."

[Ethel]

The police most certainly do get involved. I am currently working with a buyer of silver who did not receive the jewelery.

The police are very interested.

[Shadow Man]

The police would not be interested at all. It is not a criminal matter.

Ethel is usually spot on and I do not doubt her answers. But is there really a legal obligation to refund?

Personally I would leave it and tell him to take it up with Royal Mail.

[kp nonuts]

Sorry that last post should have have read as you have not tried to defraud ethel i know what you are saying but if you call his bluff i am almost certain you will find i am right

[kp nonuts]

Thank you shadow man and yes you are right about ethel she is normally spot on. And the only way the police would get involved was if they suspected fraud

[gardener2]

You are fully responsible to the buyer including the p&p costs.
ebay will not help you and if the buyer contacts the police they will say it's a civil matter and not become involved.Whether or not insurance was taken out you have failed to perform under the contract in the absence of proof of delivery.Sorry if this sounds harsh but you should have sent the item recorded and insured for your own protection.Yes,there are scam buyers on ebay.And just as many scam sellers.

[Rosenicola]

I did give him the choice.. This is what is so annoying. It's not like i just sent it standard on my own accord..

As stated before though, I am giving him a refund...

Thanks :-)

[beverleymot]

how can it be to protect the seller? postal insurance is offered to a buyer when making payment- it isnt offered to the seller so it's up to the buyer to get postal insurance and if they dont then its their tough luck in situations like this!!

[jessiedog]

I've come to this one late I know but... have you tried ringing the phone and see if anyone answers it? Then if they do, ask some serious questions about who they are. And have a witness at the time. Just a thought.