Should they refund me for this even though it hasn't been returned?

[ScarilyClose]

Two weeks ago I bought a heavy and fairly urgently needed item. I paid for next day delivery with same working day dispatch if ordered before 4pm - I ordered at 9am so was expecting it to arrive the next day. When it didn't arrive I checked out the tracking and the seller hadn't actually dispatched it until the next day anyway.

It then went in and out for delivery 4 times - the courier kept marking it as a failed delivery because I wasn't available. I work from home. I was in all day every day, able to see the lane outside the house in both directions. Our house is hard to find but not impossible. I added delivery instructions with directions and the company had my mobile number (which they kept texting with failed delivery updates but didn't think to call if they were struggling to find the house!). The seller just kept telling me to send a what3words location pin to the courier which I did, 3 times, but it made no difference. The drivers didn't appear to even look at the instructions I was providing.

It was finally left in a neighbours garden 7 days after I ordered - luckily the neighbour kindly brought it to my house for me, because the courier marked it as "handed to resident" so I'd never have known where it was otherwise. However I'd given up and bought a replacement one locally that morning because I couldn't be without it any longer!

So I told the seller I wanted to return it, and they've now booked it for collection with the same useless courier, who so far has marked the collection as "failed" 3 times. Same story. The seller won't refund me until I return it, but I literally can't return it. I can barely even pick it up!

Should they refund me anyway? This is completely outside my control and when I initially asked to return it I specifically told them to book with a different courier for this exact reason, but the seller told me they'd never had a failed collection before and that this was who they always use. I bought it on eBay so there's no obvious way past the auto "refund will be issued when item is returned" status of the return I started.

I think the only recourse now is to give very bad feedback and try to write as detailed a reason as you can.
OR
Would your neighbour be prepared to take it back to their address and you wait there for the courier.

This is utterly ridiculous. Imagine if you had to return something to a physical shop where you'd bought it - not because you'd changed your mind, but because there was something clearly faulty or not as described/promised about the item you'd bought - and the shopkeeper just stood blocking the door, arms resolutely down by their side and refusing to either let you in or accept the item back to process your refund. And then, to add insult to injury, blaming you for 'not returning it'.

Absolutely shocking customer service; you've been extremely latient and accommodating and they now fully deserve a very negative, honest review, with strong warnings to any other potential customers.

Seriously, take screenshots of everything, take a note of the date you first tried to resolve the issue with the seller, then go to your online banking, click on the transaction and "report an issue" or whatever your bank's particular wording is. It does not need to be on a credit card, it does not need to be over a certain amount. I've had two different banks refund me for a transaction that I had a problem with. I don't think they are obliged to by law, but you absolutely should give it a go at this point.

IT GOT COLLECTED TODAY 🥳🥳🥳

But... the driver thought he had 2 parcels to collect because it had been booked in twice. He took the single parcel anyway, but the tracking never got updated and the courier company marked it as another failed collection and booked it back in to be collected tomorrow . This all happened while I was at work, DP spoke to the driver and the van was logoed/driver uniformed etc so it was definitely a legitimate collection. Updated the eBay case with all this and hoping I'll still get my money back. What a saga!

This sounds exactly like experience I’ve recently had from Evri. Sorry - not helping you question but they might be a subsidiary

Not all disputes are s75
very few are

Have you got proof it was collected?

No, the driver told DP the tracking would update automatically to say it had been collected. I wasn't in - if I'd been there I'd have taken a photo of the van registration plate!

I would call eBay and explain (assuming there is still a number to call). I had a similar issue about 5 years ago and they refunded me. But these days is there even a way to speak to them?

Your husband was too trusting he has just handed the seller an excuse unfortunately

So the seller has just messaged me to say they've got the item back but that they can't refund me unless I close the case. I'm deeply suspicious because I'm sure they can refund me, and if I close the case I can't reopen it if they don't then refund me!

No he refunds then the case is closed as the case is resolved

Quick Google says NEVER close the case as it stops you getting a refund from Ebay themselves

Yep. So we are at a stalemate until eBay steps in...

Tell the seller no and if they don't refund you will be going via Ebay

Seriously Ebay won't like it that they are refusing to refund they hate getting involved