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Ebay, please answer

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Rosenicola | 14:27 Tue 18th Sep 2007 | Law
39 Answers

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
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Why didn`t you send it recorded delivery, just to cover yourself?
Hi Rosenicola

When you listed the item, did you offer different types of postage?

I am saying this ... because a similar thing happened to me... and it was with a phone....

They too threatened me with the police and I was a little scared..

I went to the post office, who managd to dig out the till roll for the day I sent the phone, they duplicated it for me and I sent it to the people along with a post office missing parcel claim form.

Be careful, there are so many scams on ebay... people trying to get a refund when in fact they have received the item,

Mail Ebay and tell them what is happening!!!!

Jo xx
Do you have the receipt from the post office? I know that it doesn't prove that it did arrive, but it would show that you sent it. My post office always writes the postcode that the item was being sent to on the receipt.
He has not got a leg to stand on thd worst he can do is give you bad feedback and it does sound like ie is just trving it on. But on something for that price you should have really included insurance in p and p.did he pay by paypal if so he may be able to claim of them
Question Author
I know Elvis, it's stupid.. I just gave them the option and didn't think it would go this this length :-(
If it is a mibile phone, ring the phione company and tell them it is lost/stolen and they will block it, then if he has got it he can't use it, bet it soon turns up lol
If they paid by PayPal they will automatically get a refund if you didn't send the phone by tracking, such as recorded delivery. PayPal want proof of receipt (a signature) not proof of delivery.

If the phone is lost, and you can't prove it isn't, you must refund regardless.

Postal insurance is to protect the seller, not the buyer.

It is a fact that many parcels and letters get lost in the post. As the contract is between you and the post office it is your responsibility to refund the buyer and claim from the Post Office. You can't claim from the PO in this instance as ordinary post only covers up to �32, so I am afraid you have lost out on this one.

If you were a buyer, you would give a total stranger �100 in the vague hope you got your goods. You would expect either the goods or a refund.

In a nutshell, refund.

When the dust has settled...I`ll give you �50 for the phone, only this time...post it! lol
Question Author
I didn't get anything from thepost office

I'm just scared that i get done by the police or something...


Wimpy i know, but people have been done for less :-(
what make of phone was it? Go onto the website for that manufacturer and see what it says about blocking lost phones
Question Author
Hi Ethel,

What a hekpful reply..

I did give him the option on the auction so find it unfair that i have to give him a full refund.

Is there anywhere i can look maybe to confirm this..

Ebay aren't too helpful and take ages to reply..

He paid via cheque..
Have you contacted E-bay yet?They should be able to offer you some advice,i wouldn`t worry too much the person could just be trying it on.
-- answer removed --
Sorry our posts crossed,what did E-bay say?
How did he pay?

I know you don't like my answer, but your buyer is entitled to a refund. You cannot prove he did not receive the phone.

As I said, postal insurance is to protect the seller, not the buyer.

eBay do recommend the buyers report to the police when goods have been paid for and not received:

http://pages.ebay.co.uk/help/tp/questions/prot ection-program.html
Question Author
Hi,

Yes i have contacted ebay, but the have taken days and still haven't replied..

I'll just wait and see i suppose

Thanks for the replies xx
How did he pay?

You may find it unfair, your buyer will find it very unfair if he loses �100.

I keep saying, but it is true - postal insurance is to protect the seller not the buyer.

If he paid by PayPal, he will automatically get the money back.
I hope you get it sorted out honey,thats prety crap of E-bay not to even get back to you,isn`t there a phone number,no probably not.
He paid by cheque, so he can prove he paid.

You cannot prove he received it. eBay will tell him to go to the police, and stated in the link I posted.

Refund him.
Question Author
Hi Ethel,

I wasn't be sarcastic with my answer :-)

I know i can't prove he didn't recieve it, but surely it's the same with me, he can't prove i didn't send it, altho' i did...

Does that make sense :-) I'm getting all mixed up now - LOL

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