Help - eBay not abiding by their Money Back Guarantee Policy and Closed case in favour of Seller

fallinlight

Distinguished Member
Re. High value purchase of near mint/ mint video games
Marketplace: eBay
Courier: Hermes
Issue: Case decided in favour of buyer despite items not received.

Dear all,

I am seeking urgent help regarding an eBay case I opened that was closed in favour of the seller. Simply put, the items never arrived. Tracking information on eBay and the carrier website states in transit/ will re-deliver, so not delivered. Hermes tried to deliver my parcel a day after cut off (understandable given COVID and the busy shopping season). Hermes tracking said they tried to deliver ( I had to step out that day) that day. No calling card was left. Tracking said they would try to delivery next working day which was Mon 23 Nov. That did not happen. Then another day passed and still no parcel on Tues 24 Nov. I raised a case last night for all items in my order requesting a refund. This morning emails for each item read,

"The seller asked us to review this case and make a final decision.

The seller has asked Customer Support to review this case and make a final decision. We'll get back to you within 48 hours".

Later on, for one item I did not even raise a case for (I forgot to do it for that item), I received an email stating,

"This case is now closed Hello...,

Based on your communications with the seller, we see that you received the item.

After reviewing all the details of this case, we've determined that you won't receive a refund".

Later this afternoon, all cases were closed in favour of the seller. Emails are not consistent either, as above.

I spoke to an agent on the phone who said because they tried to delivery the item it is classed as delivered. The agent said I need to get proof of non-delivery (I tried and am at odd's end since Hermes only have an automated phone line service and online chat). An online chat agent said the same thing. This goes against eBay's money back guarantee which states,

"If we determine that the item wasn't successfully delivered or collected, we refund the full cost of the item and original postage. The seller is required to reimburse eBay for the amount of the refund. Find out more about reimbursement".

I quoted this to the agent but they just ignored me and kept telling me to contact Hermes, even though I kept telling them I am unable to speak to anyone and what the message was. The automated message is incorrect, which says something closely along the lines of,

'We tried to deliver your parcel today and no one was in and there was no safe place to leave it. We are experiencing delays. Please contact your retailer".

At this stage I feel like I am being scammed by the seller and eBay - I never in my life realised how scummy eBay were to buyers, as I have usually won cases fairly as a buyer. It is extremely intimidating, frustrating and .. I find it hard to describe, but we all know that grating, frustrating anxious feeling. I also have another case open which was decided in favour of the buyer for a subwoofer (see the XTZ owner's thread part II for information regarding that). So, this is doubly upsetting and stressful.

Can anyone help and provide some kind advice for me? All I am trying to do now is obtain proof of non-delivery to appeal the case. But I have no way in which to do that because I cannot speak to a real human being at Hermes or fill out an online form.

Update: getting nowhere via chat, the last Manager just left the chat. So rude. No one is listening.

I will try filing a PayPal dispute if I cannot get the proof of non-delivery. Absolute nightmare.

Even worse, I have another high value purchase sent by Hermes, which was never delivered, same day, same tracking information/ message. Not raised a case for that. Seller unresponsive.


Kindest thanks and sincerely,

fallinlight
 
Last edited:

Conrad.

Moderator
Who organised the courier?
 

fallinlight

Distinguished Member

MaryWhitehouse

Well-known Member
How did the seller get eBay to step in? Normally it would have been around 8 days from opening the case to making the request. Unfortunately if you've already spoken to them I'd suggest your only choices are to keep trying on the phone, then small claims.
 

fallinlight

Distinguished Member
How did the seller get eBay to step in? Normally it would have been around 8 days from opening the case to making the request. Unfortunately if you've already spoken to them I'd suggest your only choices are to keep trying on the phone, then small claims.

I don't know! I never thought too much but it seemed odd and I was SCHOCKED by all the messages coming in this morning saying the seller asked them to step in - how? Then suddenly, all cases were closed in their favour.

I feel so sick.
 

fallinlight

Distinguished Member
Unfortunately if you've already spoken to them I'd suggest your only choices are to keep trying on the phone, then small claims.

Trying Hermes? Same automated message as above. Same with online chat. Robots. Same incorrect message. It is absolutely ridiculous and painstakingly upsetting and frustrating.
 

fallinlight

Distinguished Member
How did the seller get eBay to step in? Normally it would have been around 8 days from opening the case to making the request. Unfortunately if you've already spoken to them I'd suggest your only choices are to keep trying on the phone, then small claims.

To clarify I opened the case first last night. Then I got all those emails saying,

"The seller asked us to review this case and make a final decision".
 

MaryWhitehouse

Well-known Member
I understand what's happened, it's just very unusual. Keep trying eBay on the phone. Hermes are useless on the phone, slow but usually accurate by email.
 

fallinlight

Distinguished Member
I understand what's happened, it's just very unusual. Keep trying eBay on the phone. Hermes are useless on the phone, slow but usually accurate by email.

OK, thank you kindly for your responses, I appreciate it very much @MaryWhitehouse. Surely Hermes must have an online form or real human I can speak to? What if this goes on past my cut off to appeal? Sigh.
 

Conrad.

Moderator
This doesn't sound too bad yet.

If Hermes tried to delivery it then it means they have it. The challenge is getting information out of them (I can't stand Hermes, terrible company. They're fine until you need to speak with them, as you're finding).

If they re-deliver it then you'll have it, if they return it to the sender then you can work with them and get it re-posted. It's if it never shows up that you're a bit stuck. I would give it some time though and it doesn't hurt to keep on at ebay - other than your blood pressure and personal well being! :). You don't have the item and nobody can prove delivery.

I didn't realise that the sellers responsibility ended with an attempted delivery. Maybe someone with more legal knowledge can chime in on that. There would be lots of exceptions. I've had things delivered to the right house number but the wrong street for example.
 

fallinlight

Distinguished Member
If Hermes tried to delivery it then it means they have it. The challenge is getting information out of them (I can't stand Hermes, terrible company. They're fine until you need to speak with them, as you're finding).

Same. Nightmare. Lost 2 Switch consoles once I sent. I did not take out loss or damage. lesson learned.

True - they might still have it. However, based on my past experience, they loose items or other dodgy things probably go on that I will not mention.

I didn't realise that the sellers responsibility ended with an attempted delivery. Maybe someone with more legal knowledge can chime in on that. There would be lots of exceptions. I've had things delivered to the right house number but the wrong street for example.

Same, never knew. However, it is outline nowhere in their policy that I can read. And when I quote it several times today to various chat agents, all ignored me. That is why I feel scammed by eBay, too and am utterly distraught and shocked.

 

MaryWhitehouse

Well-known Member
OK, thank you kindly for your responses, I appreciate it very much @MaryWhitehouse. Surely Hermes must have an online form or real human I can speak to? What if this goes on past my cut off to appeal? Sigh.

The Hermes & eBay problems aren't related. Your 'contract' is with eBay & the seller. Hermes are cheap and this is reflected in very little customer service infrastructure, however you aren't their customer.
 

fallinlight

Distinguished Member
Have you a number for Ebay on the phone,as i am having problems with an item ? :)

You too, so sorry, Simon. Yes, PM me. Sorry, no, I will explain how to easily so everyone can see, may help others. One moment chatting to another eBay agent at the moment.
 

fallinlight

Distinguished Member
You too, so sorry, Simon. Yes, PM me. Sorry, no, I will explain how to easily so everyone can see, may help others. One moment chatting to another eBay agent at the moment.

@simonblue, just go to help and support, top eBay page. Follow some of the options until you get them option for them to call you, easier. Free.
 

MaryWhitehouse

Well-known Member
I didn't realise that the sellers responsibility ended with an attempted delivery.

It doesn't. It's generally very, very hard to get eBay to find against a customer. This and the timings are VERY unusual.
 

fallinlight

Distinguished Member
The Hermes & eBay problems aren't related. Your 'contract' is with eBay & the seller. Hermes are cheap and this is reflected in very little customer service infrastructure, however you aren't their customer.

True, that was at the back of my head, too. I have no contract/ deal/ transaction with them. So very true.
 

fallinlight

Distinguished Member
Dear @MaryWhitehouse,

I am relaying all of your pertinent and true points to eBay now and will continue to every bloody time I have to speak to them on the phone or chat.
 

fallinlight

Distinguished Member
I am speechless. It used to be so easy and fair for buyers. It really does seem like things might have changed? Poor workers at their back end? They are simply not even following their own policies these past two occasions.
 

MaryWhitehouse

Well-known Member
Dear @MaryWhitehouse,

I am relaying all of your pertinent and true points to eBay now and will continue to every bloody time I have to speak to them on the phone or chat.

I've not done this but it's also worth remembering that eBay & Paypal are now separate so you may be able to raise a case their too but I'd wait a bit.
 

Ruffuz

Well-known Member
Don't have time to read this properly, but I had an issue in the past where item has not been received.
I was the buyer and even the tracking showed that.

Ebay decided in sellers favour, but after calling them(and explaining where they made a mistake) they checked again and returned money to me.
 

fallinlight

Distinguished Member
The Hermes & eBay problems aren't related. Your 'contract' is with eBay & the seller. Hermes are cheap and this is reflected in very little customer service infrastructure, however you aren't their customer.

I just realised, with their automated responses which only say they tried deliver and to contact the RETAILER. Just reflects your point above that the seller is responsible here.
 

fallinlight

Distinguished Member
Don't have time to read this properly, but I had an issue in the past where item has not been received.
I was the buyer and even the tracking showed that.

Ebay decided in sellers favour, but after calling them(and explaining where they made a mistake) they checked again and returned money to me.

Seems like eBay are too scummy nowadays, don't care and or I do not know what, really..

I have been trying for hours at this point, this is very, very hard. No one is listening. Agent Manager closed chat on me. It's just not fair. I am being polite (always) and patient (mostly), too, with them.
 

fallinlight

Distinguished Member
I have NO WORDS:

Chat agent is telling me (again, the others tried this on, too), that,

"... as I can see that the tracking provided by seller shows delivered. As a trading platform we can only depend on the tracking s we cannot see the item".

WHAT???!!!
 

fallinlight

Distinguished Member
Maybe the seller has falsified tracking via a message to them/ the case?! This is so odd.
 

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