Item won 2+weeks ago not turned up - "unfortunately i cannot be held responsible for things lost in the post" says seller. Advice please!

[Tobermory]

I posted about this a couple of days ago...

I bought an item on 23rd November. On the 26th the buyer emailed to say the item had been posted that morning. A few days later I emailed her to let her know it had not arrived, she said it had been posted 2nd class and that she would follow it up wiht the PO if it had not arrived by that Friday. It didn't.

She emailed today to ask if it had arrived as PO had advised her to wait because of Xmas post. I replied that no, it hadnt and as it had been almost 3 weeks i would like a refund.
Her response was that she cannot be held responsible for items lost in the post. She has got a certificate of posting which shows the item was sent and she will file a lost mail claim with the Post Office.

Next steps advise please

It may turn up. The post is appalling at the moment. I sold something and after a week I got an email to ask if I had posted it-in the end it took 10 days 2nd class! I got another email this morning asking if something had been posted. I had posted it at 9.10am on 1st Dec! I still think it will turn up. I will watch this with interest because I don't know what you do, I also have a certificate of posting.

did you pay via paypal? irrespective the ebay rules state that the buyer is responsible for the delivery of the goods - so whilst clearly in reality they are not responsible for the PO - under ebay rules they are liable for non arrival - it is true if they have proof of postage they can claim against the PO (after 15 working days have elapsed) but that is between seller and PO not you. You are entitled to file non receipt claim - and I would do this - ebay will find in your favour. It is not personal or a statement about the seller - just the rules.

advice

surrey lady, can i file the non receipt claim even though it has not been 15 working days?
And yes, i used paypal

...and one more question, should i tell her that i am going to do it?

I would get together with her and deal with it together.
I posted my parcel 11 days ago and I have asked the buyer to email me if it doesn't arrive today.
I am not sure what we will do then, but I hope that she is going to be friendly because I don't see what more I could have done other than hand it to her personally! She won it on a Sunday night and I was in the post office first thing on the Monday morning to post it-it is not my fault that having handed it to the post office and paid for delivery there is no sign of it after 10 days!

3 weeks is long enough - file a item not received dispute.
A seller is responsible for getting an item delivered not just posted.
her proof of posting will enable her to claim from RM.

I'd email her once more and explain that you have waited long enough and she is infact responsible for items reaching their destination. Ask her for a full refund inform her that she will be able to claim from RM using her POP. If she doesn't refund, then open a dispute.

Piscesmoon, I do understand what you mean about being friendly, I certainly don't want to be unfriendly. However i payed fpr an item and she is responsible for getting it to me. No?
SLM thankyou have emailed and will wait for response.

Hi-yes she is responsible for getting it to you, but if she is like me she probably has no idea what to do! I am not a business-just having a clear out before Christmas. I guess I will just offer a refund but it rather spoils my making money for Christmas presents scheme! I am still hoping it will turn up.

You should have paid for special delivery. The seller got a certificate of posting, what more can she do?

I always buy from ebay knowing I run the risk of stuff not arriving if I don't pay SD.

no no no island! thats not how ebay works! SD only protects the SELLER, the buyer is always protected by paypal, no matter hwo it was sent! the buyer shoudl not have to fork out ofr SD if there are other options, why would they? They get the same protection with out without SD!

yes the seller is responsible, if it doesn't turn up in a couple of days start the paypal dispute. I would tell her that you are going to file & of course if the item turns up you will close it.

IOS - no i shouldnt.
She didnt offer levels of postage service, as with most people there is one postage option.
Personally i always use SD when postign my stuff just because i want ot be covered, and for an extra 60p or whatever i have peace of mind.

SD (Special Delivery) is not just an extra 60p!!!! Its £3 - £4 more! Even ordinary signed for is 72p.

tell her you will start a dispute before you do please to give her a chance to rectify.

we've had so many buyers that just open up a dispute without telling us. it's wearing (though they are mostly foreign)

Tough-T for her. If it is lost then she should refund you and if it turns up, then you send it back to her.

Simple as that. She can claim back from the PO if she has proof of postage.

Moondancer, i did, of course, mean signed for, 60p and 72p are fairly close?!

I will not sell or buy without signed for postage, it becomes trackable and the risk of loss is minimised.

You can certainly buy without, you are covered by paypal for purchase regardless of postage method.