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Ebay item Stolen in the Post and Seller won't refund

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sjames38 | 09:11 Fri 21st Dec 2007 | Law
9 Answers
I purchased an item on ebay which was delivered to me via recorded post. When i went to open the item I discovered that the envelope had be split open and the contents missing.

I have contacted the seller and he didn't insure the items in the post and therefore won't be ebale to claim for any compensation from royal mail. He won't refund me and says that its down to me to pursue it with royal mail.

I think it would have been his responsibility to insure the items and therefore should refund me.

Is it worth taking to the small claims court do you think?
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If it was sent by recorded delivery I believe it is automatically insured up to about �30 or so..........check on Royal Mail site,

Recorded delivery insures up to �33.00.

Did you check the item before you signed for it?

I would take it up with RM, and the seller should co-operate if needed. If you paid via paypal you may be able to take it up with them too ~ or at least ebay themselves. There should be an option for you to use on your ebay page regarding incomplete delivery.
Did you or someone else sign for the package .Was the damage to the packaging not seen then .The post office would suggest I would imagine that when signed for the package was in unopened condition .If you did not pay insurance if it was offered then the selller would not be liable to compensate you .The compensation foryrecorded post may be your best course of action.Ask the seller if he was actually ask the value of the contents he may have some paperwork which could reveal the true value of the item .When items were lost or broken that I sent although the cost was minimal I just repaid on proof of breakage . This is all pretty obivious stuff , but try persuing it nothing ventured ....
If he has the recorded delivery slip he CAN claim comensation from the Royal mail. The figure is up to �34.

However if he didn't declare a value on the back they won't pay - will probably send a book of 1st class stamps as a gesture.

The Royal Mail claim form allows either the sender or the recipient to claim. You'll want the recorded slip from him if you do it, and evidence of the items value.
You don't need to declare a value to be able to claim from Royal Mail - just provide proof of value. The eBay invoice is accepted as valid proof.

He can claim up to 10 times the cost of a first class stamp.
How much was the item?

ASQ the seller to send you the recorded receipt he has so you can make the relevant claim. I cannot see this as being the sellers fault so don't think he should refund you

Question Author
Hi


THanks for info items was �215, no he just put on ebay it was being sent recorded delivery. I just rahter stupidlly thought that with the item being so expensive then he would insure it.

THe item was slit at the bottom so at the time it was signed for it was not noticed it had already been opened, the packing - bubblewrap had been left inside so it still looked as though the envelope had something inside it.

Sounds as though not much point pursuing then - sender won't help me pursue through royal mail, by sending receipt etc.
Then he is a rubbish seller

I think I was a little hasty in my answer

Paypal, if you paid by PP, consider the seller responsible for the item getting to the buyer. So, as your seller seems to be refusing to give you the info to claim (actually it is THEIR duty to claim, not yours) I would file an INR because as the seller refuses to give you the tracking number it would appear they may not have sent it recorded. They cannot prove it was delivered too you if they didn't send it tracked and PP will refund you automatically up the value of the item if buyer protection was �500 or up to �150 if that is all the protection the item had (see listing) If they then reveal the tracking number to PP, you can then file an SNAD (significantly not as described) - both these disputes can be filed via PP. Do not file an SNAD until after an INR as you can;t file the former after the latter. Escalate to a claim immediately on both

Of course, neither of these can be filed if 45 days or more have passed

Best of luck and if you need anymore advice/help try the Community Discussions Q&A board on Ebay

ojx
PS: just reaised you said you signed for it so file an SNAD dispute now and escalate immediately

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