Need some help advice about supposedly damaged item received by buyer

[Saltire]

here's a link to my thread about it yesterday

Now, I posted the parcel off at 4.35pm yesterday, 2nd class recorded. he is claiming that he got it today, and that
"Unfortunately your DVD and casing arrived in pieces and paperwork torn".
Now, I have checked that RM website tracking service and it says the item hasn't been delivered yet - which I believe as it was posted late in the day from a rural mobile post office van.
When I initially emailed him, I never mentioned that I had sent it recorded, so do I now email him and say
"oh that's arrived quickly, so quickly in fact that the RM website it is still in the system as I sent it recorded"

He is also claiming that Royal Mail told him teh envelope was "severaly damaged" before their machine damaged it further.

So what do I do? Do I
A) Wait until it appears on the RM website
B) Email him and say I sent it recorded?

Do nothing right now, the website will not be updated yet. You need to see when it was signed for. Leave it til end of day and see if it appears as signed for (and when)

RM have just told me that it shouldn't appear as being delivered until later today. And the woman i spoke to actually said

"that's brilliant service if you posted that so late in the afternoon yesterday and it arrived today, that's great for 2nd class"

Yes, but it doesn't mean it hasn't been delivered. I understand you're suspicious (he sounds like a twat tbh) but wait and see if it appears as delivered and signed for at the time he claims.

You don't need to respond immediately.

OK thanks. Will check RM website later and see what happens

What is worrying me is that I had a similar thing where a buyer claimed he hadn't received an item, so of course I ahd to refund him. I had sent it 2nd class recorded, but it kept showing up as never having been delivered. I ahd to claim back from RM, but he never filled out the form that RM sent him asking him to confimr that the item hadn't been delivered, so I lost jacket and money
I am worried this will happen agian

Wait and see when the RM site updates and in the meantime prepare a message for him Maybe along the lines of. "Dear Twit, Thank you for your message informing me of the condition of the CD. I have contacted Royal mail who confirm that the package I sent has yet to be delivered. Should your item actually arrive in the condition you mention, could you please return it to me including all original packaging as Royal Mail will need to view this for their investigation into the matter. I have contacted ebay customer service over this transaction as I am concerned about the level of dissatisfaction you have indicated from the beginning of the transaction. Ebay will be assisting me in the monitoring of this transaction until the end. If you feel that you bid too much for this CD and are now reluctant to pay such an amount could you please return the CD to me (should it arrive in perfect condition) and I can simply issue a refund and re-sell the CD.

God there seems to be some idiots around.

I love eBay as a buyer and have had no problems in the years that I have been using it.

It seems that it's going to be ruined with twats like this.

Since they changed the rules on leaving buyers feedback, the twattitude on eBay has increased exponentially. The buyers know they have all the power and use this to their advantage.

I asked the buyer to email me a photo of the damage before we discussed refunds. He was quite happy to do this.

So now he has opened an "item not as described case". he is also claimign that he emailed and dind't hear from me.

The buyer said the item doesn't match your description
The buyer has tried contacting you
The buyer paid on 12 May, 2010
The buyer contacted you through email.
The buyer did not get a response from you.
More comments: DVD arrived this morning badly damaged (broken case, ripped paperwork, cracked disc) - it arrived in sealed plastic bag from Post Office with 'sincere apologies' letter. Post Office have admitted liability for damage - it got mangled in sorting machine apparently. However, only seller can claim re-imbursement due to proof of documentary evidence required. I have offered to return damaged DVD and letter from Post Office and Claim Form - free of charge - I do not hold seller personally responsible for damage but they will receive compensation payment from PO leaving me without DVD that I purchased. On speaking to ebay Customer Support (Mark) - I was told to open case - request refund from selller who will be re-imbursed by Post Office.
The buyer said the item is damaged

He did email me this morning to say it had arrived damaged. he never mentioned me needing to claim from RM. I never responded as the item is apparently undelivered yet by RM, as the tracking number hasn't been entered on the system.

How can I contact ebay to actually speak to someone about this. I really object to beign told the item isn't as described - of course it fuckin isn't if its been mangled by RM> But more to the point if it's not been delivered how can it be mangled?

Ebay have said to me that he is perfectly entitled to open an "item not as described case, and to say that I didn't respond" becasue "the item wasn't as descrbied it was damaged" (even though it's still showing as not yet delivered on RM website

They also said that I have 10 days to respond, and that "in future you should respond to buyers emails immediately"

I knew from the start of your postings here that he would do something like this
Tell him to return it all to you and upon receipt of it you will refund him. Tell him next time he bids too high for something and suffers bidder's remorse to simply ask the seller to cancel the transaction instead of carrying on like a twit. Add him to your blocked bidders list

But ebay don't even seem remotely bothered when i said "according to RM website the packet (which he says is damaged)hasn't been delivered yet".

All they said was, over and over again "he's entitled to open a dispute and you have 10 days to respond"

so you respond within 10 days telling him to return it and then you will give a refund. If he doesn't return it but then opens a paypal dispute, they will insist he returns it.

I'm back again! This is actually playing on my mind. This buyer obviously knows how to work these things and he was too keen from the start to raise issues.
I know ebay don't always play fair but I think if you stick to the rules on this it may turn out ok. You only need to 'respond' within 10 days, not 'refund' - so ask him to return the item with all the packaging. You will need all the evidence for your claim with RM. If you don't receive the item back you don't refund (he will need to send it trackable but he probably knows this) When you do receive it keep an eye on the online tracking
Like I said, paypal will insist he returns it.
If he returns it without the Royal Mail apology thingy, there is a course of action you can take where you suspect a buyer has returned a different item or damaged it himself.
Have you had a look at his feedback including feedback left others to get an idea of this guy's character? Also check his bidding/buying history to see if he may have bought an identical item.

OK, thank you. I'm just worried that this will affect my feedback

Saltire. I have had this from a buyer (who repeatedly told me the item was not as described and wanted a refund). I politely told him again and again that if he returned the item I would refund him the money including his postage. It took him weeks during which time he trashed the thing. But I was so hacked off with the entire experience and ebay taking his side that I refunded him his money (he has my address after all and I'm a single parent and he got really nasty) that I've never sold anything on ebay since

trust me, he has decided on the feedback already and nothing you can do can alter this. Stick to the rules, return first refund second (then claim from RM)
If he keeps getting away with this it's not fair. Have a look to see what kind of feedback he gives

I have had buyers like this - they just want their money back and are hoping you'll just say 'ah forget it, I'll refund you' without requiring the item back.

Tell him once you receive it back with the letter from the post office, you'll be happy to reimburse him. Act dumb 'I called the RM they tell me I need to get the package back, I am so sorry you've had this happen blah blah blah'.

Make sure you note this response ON EBAY so they can see you are doing the right thing by the git.

He is, though being a twunt.

Its a shame you cant name and shame buyers like this.

Well got email from him yesterday. He says that he made a mistake, that my parcel actually arrived yesterday in perfectly good condition, and that he'd made a mistake as the postmark on the damaged one was one letter different to mine.
(and obviously he'd bought the same item twice, otherwise he'd have realised sooner,no?)
Of course the cynic in me thinks it's because he suddenly realised when mine turned up that it was actually signed for and I could track it

Dodgy git. Block him from bidding on anything else of yours. Glad it worked out okay but it's very disheartening to see how some people can be on eBay nowadays.

I think what has also annoyed me is ebay's handling of the case. They told him to open an item not as described case against me, even thought the parcel hadn't arrived with him, and they knew this as I gave them the tracking number

is the case closed now?

Make sure they close the case, and I'm not sure if you do or not, but always send any corespondence through ebays messages. I was stung once sending emails between personal address' which the buyer then claimed were never sent or received. Ebay couldn't do anything as they weren't on ebay, but on ebay they can open them if needs be.

Yes the case is closed now.
I always do send emails through ebay.