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

fallinlight

Distinguished Member
What has hit me again is the realisation that anyone who has Hermes parcels due, and receives and attempted delivery on their tracking, automatically means that you are fudged, in the first instance at least. Since there is no way for the buyer to obtain a proof of non delivery from Hermes. Crazy.

So, I will have the same issue with the other late/ missing parcel from Hermes - high value, too. The seller is aware. I am also expecting other Hermes parcels.
 

hippo99

Distinguished Member
Tbh I think you’ve jumped the gun, doing the ‘nuclear option’ in raising a claim against the seller, too soon.

Raising a claim is your last chance saloon option for getting your money back, so you don’t want to play that card until you’ve exhausted all the others. Now eBay has ruled against your claim, the seller could (not to say he will) choose to be a dick & not lift a finger to help. If the claim hadn’t been raised, the seller would be more motivated to help.
 

fallinlight

Distinguished Member
Tbh I think you’ve jumped the gun, doing the ‘nuclear option’ in raising a claim against the seller, too soon.

Raising a claim is your last chance saloon option for getting your money back, so you don’t want to play that card until you’ve exhausted all the others. Now eBay has ruled against your claim, the seller could (not to say he will) choose to be a dick & not lift a finger to help. If the claim hadn’t been raised, the seller would be more motivated to help.

Noted.
 

fallinlight

Distinguished Member
Raising a claim is your last chance saloon option for getting your money back, so you don’t want to play that card until you’ve exhausted all the others.

Do remember, it is now evident that the sole reason I am stuck is because of the 'attempted delivery'. If it were not for that, I would be safe.
 

fallinlight

Distinguished Member
Seller replied,

"i have been in contact with the courier from the time when you said you had not received item and when I hear back from them I will forward this information to you. I am doing my utmost to assist, like I would do for any buyer".

Positive. Let's see. I asked him how he contacted them. As I tried as if I were the sender and got the same automated tracking message.
 

realfrankturner

Distinguished Member
Do remember, it is now evident that the sole reason I am stuck is because of the 'attempted delivery'. If it were not for that, I would be safe.

I might be wrong but would you have got a refund just for an attempted delivery? I thought it was until the parcel was deemed lost?
 

realfrankturner

Distinguished Member
Seller replied,

"i have been in contact with the courier from the time when you said you had not received item and when I hear back from them I will forward this information to you. I am doing my utmost to assist, like I would do for any buyer".

Positive. Let's see. I asked him how he contacted them. As I tried as if I were the sender and got the same automated tracking message.

That's good that he's helping, don't overwhelm him with lots of messages but keep in polite contact and update him if you get anywhere. I am sure you will end up with parcel or money back in the end, but might take little bit of time.
 

fallinlight

Distinguished Member
I might be wrong but would you have got a refund just for an attempted delivery? I thought it was until the parcel was deemed lost?

What I meant was the fact that, it is only because eBay have seen an attempted delivery made, that I am in this position. Since, they want proof of non-delivery for this sole reason alone. So, they need that proof from me for me to be be covered by their Money Back Guarantee policy and receive a refund. Thus, that is really does not matter when I opened the case in that respect. So, if any other parcels for some reason say, 'attempted delivery' on the tracking, I will be put in the same sad situation and affair. Which I find hugely unfair, considering there is no way to obtain proof of non delivery from Hermes, at least that I know of at this current time. Hoping that my other Hermes parcels arrive, hopefully on the same van as this one. I have until 25 December to appeal, which is nice, but will not be ideal going into the Christmas peak busy period, of course. I need to check my deadline for opening a PayPal dispute, too.
 

alex30

Active 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.
Try ringing your bank and asking if you can do a Charge Back.
I had an issue with Amazon where they only delivered one loudspeaker when the lising referred to "speakers". They refused to even talk to me and so I rang my bank and asked them to make a charge back for the total amount I had paid. They did so and I never heard anything from Amazon and I still have the one speaker.
Amazon didn't block my account and I still do buy from them for convenience.
Good luck.
 

WozzaB

Well-known Member
I would say that in the future, if you have any issues with a parcel not arriving, contact the seller first and ask them to chase the courier etc, this is usually the best way to get things moving, rather than opening a case straight away as this can leave you open to having a ruling in the sellers favour as the parcel isn't actually lost yet, then you have the issue you are now in, with the ruling against you and the parcel still floating about somewhere.

I sell quite a bit on ebay and whenever an item hasn't got to a buyer on time etc, they have contacted me and I have then chased the courier where possible. I haven't actually had a case opened against me for a lost/delayed parcel in the 10+ years I've been selling on there.

So as a few others have said, it appears opening a case was a bit premature in this instance, but I'm sure you will get a positive outcome as the seller has said they will help to resolve the issue.
 

booyaka

Moderator
Agree with others - You've jumped the gun way too quick here.

It's a busy/bizarre time for everyone and raising a refund claim so quickly probably hasn't been helpful to you.

As above - contact the buyer seller first and deal with them - if all else fails, then use the claim option.

Exhaust all avenues first before attempting the claim/refund
 
Last edited by a moderator:

fallinlight

Distinguished Member
Try ringing your bank and asking if you can do a Charge Back.
I had an issue with Amazon where they only delivered one loudspeaker when the lising referred to "speakers". They refused to even talk to me and so I rang my bank and asked them to make a charge back for the total amount I had paid. They did so and I never heard anything from Amazon and I still have the one speaker.
Amazon didn't block my account and I still do buy from them for convenience.
Good luck.

Kind thanks. I think I am best to try that after a PayPal dispute. I am surprised at the service you received from Amazon, they have the simplest and best customer services for buyers that I know of. I am assuming it was not a fulfilled for Amazon item?
 

fallinlight

Distinguished Member
I would say that in the future, if you have any issues with a parcel not arriving, contact the seller first and ask them to chase the courier etc, this is usually the best way to get things moving, rather than opening a case straight away as this can leave you open to having a ruling in the sellers favour as the parcel isn't actually lost yet, then you have the issue you are now in, with the ruling against you and the parcel still floating about somewhere.

Yes, but again, I have another parcel with an attempted delivery. No case opened. If tracking never changes, I strongly assume eBay will ask for proof of non delivery again, meaning same crap and does not matter when I open a case.
 

fallinlight

Distinguished Member
Agree with others - You've jumped the gun way too quick here.

It's a busy/bizarre time for everyone and raising a refund claim so quickly probably hasn't been helpful to you.

As above - contact the buyer seller first and deal with them - if all else fails, then use the claim option.

Exhaust all avenues first before attempting the claim/refund

Noted, with thanks.
 

WozzaB

Well-known Member
Yes, but again, I have another parcel with an attempted delivery. No case opened. If tracking never changes, I strongly assume eBay will ask for proof of non delivery again, meaning same crap and does not matter when I open a case.
If the other parcel is delayed and still in the Hermes system, then you contact the seller first, not ebay. If you contact ebay first for the other parcel, you are looking at having the same issue you are having with this parcel, case closed against you.
So, first point of contact is always the seller, ebay are there to help if the buyer/seller can't or won't resolve an issue.
 

fallinlight

Distinguished Member
Agree with others - You've jumped the gun way too quick here.

It's a busy/bizarre time for everyone and raising a refund claim so quickly probably hasn't been helpful to you.

As above - contact the buyer first and deal with them - if all else fails, then use the claim option.

Exhaust all avenues first before attempting the claim/refund

Got you.

But to clarify for all, I am always reasonable and patient. And I think I was so for this purchase, but I felt the seller was not doing anything to help (though, if what he says is true, he contacted Hermes "from the time I said I had not received the item", but I do not know when that was, that could have been only until after I opened the case). I also felt my parcel was lost/ would never arrive, part of this is due to horrible experiences in the past with Hermes loosing two of my expensive items. So, I was simply worried and fed up waiting in doors all day for 7 or so days straight. eBay only allow you to open a case after a certain time, too, so I was within my right to do so. At the time of raising the case, it had been 3 days overdue. I guess like most have been saying, I should have been even more patient. I will be in future.
 

fallinlight

Distinguished Member
If the other parcel is delayed and still in the Hermes system, then you contact the seller first, not ebay. If you contact ebay first for the other parcel, you are looking at having the same issue you are having with this parcel, case closed against you.
So, first point of contact is always the seller, ebay are there to help if the buyer/seller can't or won't resolve an issue.

Sure. But then I am relying on hoping that the seller will refund me a high amount despite loosing their items (I have a hunch they did not take out insurance for loss or damage). I just cannot imagine most sellers willing to do that. Hence, I will likely be forced to open a case. And then, I would be placed in the exact same situation again that I am in now.

Please note, I have been communicating with the seller for the other late Hermes parcel.
 

WozzaB

Well-known Member
Usually if the seller can see that the item is still in the courier network, they will chase them and if it is deemed lost they will normally refund you without any issues.

Once you have gone down this route, pacel lost, seller chasing courier etc, then it is easier to have a solid case if the seller is being difficult as you will have a message log between you and the seller for an ebay rep to view and then they can easily see there is an issue with delivery.
 

fallinlight

Distinguished Member
Usually if the seller can see that the item is still in the courier network, they will chase them and if it is deemed lost they will normally refund you without any issues.

Wishful thinking, please see my above response. But I appreciate your point.

Once you have gone down this route, pacel lost, seller chasing courier etc, then it is easier to have a solid case if the seller is being difficult as you will have a message log between you and the seller for an ebay rep to view and then they can easily see there is an issue with delivery.

Once again, the fact and problem remains that eBay automatically deem an attempted delivery as the responsibility of the buyer to provide proof of non delivery. And this is not obtainable from Hermes, as far as I am aware. This is the major thing I have learned with this affair. So, no amount of communications and logs and eBay seeing 'easily there is an issue with delivery' matters. If you go back and read the earlier pages, you will see the evidence for this and that eBay will only accept a proof of non delivery.
 

WozzaB

Well-known Member
Sure. But then I am relying on hoping that the seller will refund me a high amount despite loosing their items (I have a hunch they did not take out insurance for loss or damage). I just cannot imagine most sellers willing to do that. Hence, I will likely be forced to open a case. And then, I would be placed in the exact same situation again that I am in now.

Please note, I have been communicating with the seller for the other late Hermes parcel.
The value should not matter as they should have sent the items with appropriate insurance, not always the case, but that's not your problem. You still need to let the seller try and resolve the issue whether it's a £5 item or £500 item.
Once the item is officially classed as LOST or the seller isn't being helpful at all, then I would open a case.
 

realfrankturner

Distinguished Member
Usually if the seller can see that the item is still in the courier network, they will chase them and if it is deemed lost they will normally refund you without any issues.

Once you have gone down this route, pacel lost, seller chasing courier etc, then it is easier to have a solid case if the seller is being difficult as you will have a message log between you and the seller for an ebay rep to view and then they can easily see there is an issue with delivery.

This^

Plus there is such a thing as distance selling law/Consumer Law sellers have to abide by, and if they don't, Ebay will.

But as it's not deemed lost yet, and was just an attempted delivery, the seller right now technically doesn't have to do anything at this time I believe, though it's in there interests to be helpful though.
 

fallinlight

Distinguished Member
Once you have gone down this route, pacel lost, seller chasing courier etc, then it is easier to have a solid case if the seller is being difficult as you will have a message log between you and the seller for an ebay rep to view and then they can easily see there is an issue with delivery.

Again, one email for one of the items in the order even says incorrectly,

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

And eBay do not give two craps about that or any errors.

I even had a Manager on chat and another agent on chat yesterday, telling me that the items were delivered.

They do not listen. Again, they only want proof of non delivery when an attempted delivery has been made and the item has still not arrived.
 

fallinlight

Distinguished Member
Thank you all so very much for your helpful support. I have noted each point and it has been a strong learning experience.
 

WozzaB

Well-known Member
Wishful thinking, please see my above response. But I appreciate your point.



Once again, the fact and problem remains that eBay automatically deem an attempted delivery as the responsibility of the buyer to provide proof of non delivery. And this is not obtainable from Hermes, as far as I am aware. This is the major thing I have learned with this affair. So, no amount of communications and logs and eBay seeing 'easily there is an issue with delivery' matters. If you go back and read the earlier pages, you will see the evidence for this and that eBay will only accept a proof of non delivery.
I missed the part where you have message logs between yourself and the seller, but the point I am trying to make is that if you have a message trail with the seller saying they will chase the courier etc then ebay can see it hasn't been delivered and the whole process should be more straightforward.

Ebay only got involved and asked for postage/delivery proof from the seller because you opened a case, and too soon it seems.

On the point of not trusting the seller to refund you, what gives you this impression? Poor feedback maybe?
I'll happily refund a buyer if the item is confirmed as lost, whether it's £1 or £1000, and I always I use the appropriate shipping method with full insurance.

Yes there are bad sellers on ebay, but there are also a lot of good sellers, and you said one of your sellers contacted you to say they will help to resolve the issue, so that should be giving you some confidence that they will do what is needed to make it right, despite having a ruling their favour already.
 

fallinlight

Distinguished Member
I missed the part where you have message logs between yourself and the seller, but the point I am trying to make is that if you have a message trail with the seller saying they will chase the courier etc then ebay can see it hasn't been delivered and the whole process should be more straightforward.

Again, no. eBay don't care, in this instance, and in the other likely to be instance (other parcel also had an attempted delivery) they only want proof of non delivery because an attempted delivery was made. I won't make that point again.
 

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