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Ebay Dispute

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JBW1366 | 15:05 Tue 04th Sep 2018 | Law
10 Answers
I sold three lots on EBay and they were all brought by the same buyer as they were Lego.. whilst they had minutes before the auction ended he started bombarding me with messages.. this set of alarm bells but he paid swiftly.

When Inwentbto pay it was more than I quoted him for, so I decided to take the hit, but I didn’t sent them to sign for.. a week later hadn’t received the items.. I couldn’t find my proof of posting.. he set up a claim for non receiving of goods, and eventually he won the claim and I had to refund the money £139 and pay Ebay fees.. and the over amount on postage.

I have just found the proof of posting and I checked on The Royal Mail website and the items were delivered two days after I posted them! B******

I contacted Ebay, and they said case is closed and it’s unfortunate, and to try and contact PayPal to try and get my money back from the. but the said there is nothing they can do and to contact Ebay..
Going around in circles!!!

And to make matters worse they took the fees today, I phoned again and because Inlost the case I’ve still got to pay the fees..

I know I should learn and to pay for signed for but the buyer kept on emailing and was insistent.

Anything I can do?

Ebay is so tricky to get hold of anyone, can I counter claim?

Thanks
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if ur evidence is certain proof of posting & receipt you can threaten buyer with small claims court or.....

claim for 'undelivered' post from PO (up to £200). PO will check out delivery, sue receiver and pay you
I'm confused!

There seems to be some inconsistency between
"but I didn’t sent them to sign for"
and
"I have just found the proof of posting and I checked on The Royal Mail website and the items were delivered two days after I posted them!"

A certificate of posting is only that. It doesn't offer any tracking service (as 'Signed For' does), so it's not possible to go online to find out if the consignment has been delivered - yet you seem to have done so! Just like your package, I'm lost!
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I didn’t pay for signed for, only thing on the proof of posting from The Post Office is a reference number I put that onto the Royal Mail website and it says delivered. I did NOT pay for tracking, so it only states it was delivered but not when or who received it.

Sorry I’m doing this on my phone so typing not so great.

Like Buenchico, I am confused....either you sent it tracked or you didn't.
I've stopped selling Lego on EBay as it seems to attract scammers and complaints.
I suspect that 'delivered' simply means that the system assumes that it's been delivered because there were no known delays in deliveries to that address and nobody has contacted Royal Mail to say that their package hasn't arrived.

There's no barcode (or similar machine-readable ID) on a package which isn't sent either 'Signed For' or 'Special Delivery', so there's nothing for the postie to scan when he/she delivers it. Therefore it's impossible to know for certain whether it's actually been delivered or not.

So the buyer might be telling the truth when he says that he didn't receive it. (I once ordered a DVD from eBay which never arrived. The seller swore that he'd sent it but still agreed to send out a replacement, using 'Signed For' on the second occasion. It still didn't arrive, even though the seller said the Royal Mail tracking system showed that it had been signed for by someone sharing the same surname as a guy across the road from me - who denied all knowledge of it. So it could have been a dodgy seller or a dodgy neighbour or a dodgy postman; I never got to the bottom of it).
A certificate of posting is NOT proof of delivery. All that you can do is to submit a claim for loss to Royal Mail. You will find all of the details of how to do that on their website. There are limits on the amount of compensation payable if your claim is successful.
>>> There are limits on the amount of compensation payable if your claim is successful

If you can't provide evidence about the value of what went missing you're limited to just getting the postage refunded (or 6 First Class stamps if the postage came to less than that).

If you can provide relevant evidence you're limited to a maximum of £20 in compensation:
https://www.royalmail.com/retail-compensation-policy-loss
I'd just cut my losses and forget about it. Learn a lesson, always send by registered mail, or whatever it's called in England. It's not worth getting stressed over.
Unfortunately, because you did not send it recorded delivery, there is nothing you can do. You can not prove that the parcel arrived so the buyer is within his rights to say that it did not arrive and you can not prove otherwise.
You just need to cut your losses and learn the lesson that next time, pay the extra money and send it recorded delivery.

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