Ebuyer refusing to refund for item not delivered?? - HotUKDeals
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Ebuyer refusing to refund for item not delivered??

£0.00 @ Ebuyer
I ordered a laptop from Ebuyer at the beginning of December. In tracking, it said it was at depot, however a week went by and it didn't get any closer to being delivered. I assumed they were j… Read More
EagleUK Avatar
2y, 3m agoPosted 2 years, 3 months ago
I ordered a laptop from Ebuyer at the beginning of December.

In tracking, it said it was at depot, however a week went by and it didn't get any closer to being delivered.

I assumed they were just overwhelmed as stated on the news etc.

Now they are refusing to refund? Where do I stand and what can I do?

They sent it via Yodel, and they can tell it hasn't been received.

Update: Called again, no luck.

Update Again: Emailed with details of all of the relevant distance selling acts, including links to each section of the online version available which I believe were applicable.

They will "Call me on Monday".

Don't really see why a customer has to tell them about distance selling regulations to get them to do what they are meant to.

Update: Refund has now been issued after a few more emails, clarification on procedures and similar issues for future custom has been asked for. (See thread posts for updates)
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EagleUK Avatar
2y, 3m agoPosted 2 years, 3 months ago
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Top Responses

(1)
I'd try them once more and threaten legal action - say you're going to make a claim to the Small Claims Court unless they give you your money back, and if they don't reply to this, you'll enter judgment and recover your costs from them.

You will need to complete a claim form, the fees are here:

https://www.gov.uk/make-court-claim-for-money/court-fees

If they don't respond in 14 days, enter judgment by filling out the n225 form:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n225-eng.pdf

Companies who do things like this need to learn that they cannot just get away with it, you don't need a lawyer just yourself will do.


Edited By: rikkif1990 on Jan 02, 2015 16:15

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#1
Contact bank/credit card company + plaster it all over their twitter page
#2
Did you pay by debit/credit card ? if so you will have cover via them, give them a ring, they will take all the details over the phone, write to them and probably give you the money back in the meantime. I've always found the banks/credit card companies really good. Hth x
#3
Yeah, paid on credit card. Surely it's not legal for them to refused to cover, as my contract is with the retailer and not the delivery company?

(Was free next working day too)
#4
Contact credit card company and tell them that you have tried to work it out with Ebuyer but they are refusing to refund you and also not sending you the goods. They should be able to claim back the money but you might need to fill in a form first.
#5
Anything over 7 days, they refuse to cover...
#6
I don't know what ebuyer are thinking as they have failed to fulfill the contract so the OP will get his money back via his credit card.

You could notify them of your intention to take them to small claims court for breach of contract to recover the cost of the goods and associated costs. This might wake them up.
#7
I st
GAVINLEWISHUKD
I don't know what ebuyer are thinking as they have failed to fulfill the contract so the OP will get his money back via his credit card.

You could notify them of your intention to take them to small claims court for breach of contract to recover the cost of the goods and associated costs. This might wake them up.

I stated that over the phone and they pretty much just said good luck.

Been a customer since 2006 myself along side my work etc. so will be losing business over this!
#8
Use the 'contact us' button at the bottom of the screen to contact admin. They have contact details for the bosses at ebuyer. Maybe they will drop a friendly email to them to look at your case again. :)
#9
Ebuyer are in breach of contract . Taken your money and failed to deliver goods within the specified time.
Some guidance here MSE
#10
The law is clear in this country, the seller is responsible for the item until the goods are delivered to you or your home. Contact them again and give them 48 hour to resolve it then contact your card issuer.
#11
Don't think I'll be buying there in future. It's not their fault the item wasn't delivered but their attitude sounds abysmal
#12
Called again, stating the exact acts they are in breach of etc.

The guy could see how they were in breach however was honest and said he doesn't want to say anything he is not allowed to.

I have to email in, state exactly which acts they are in breach of and they will consider looking into it.
#13
EagleUK
Called again, stating the exact acts they are in breach of etc.

The guy could see how they were in breach however was honest and said he doesn't want to say anything he is not allowed to.

I have to email in, state exactly which acts they are in breach of and they will consider looking into it.

at this stage don't bother, you are not a lawyer and should not be expected to offer legal advice on a free basis for them, simple fact is they have not given you goods where paid for.
Your credit card company is also full of **** under the consumer credit act they are jointly liable for this so any 7 day rule is non sense.
If you can refuse to pay that portion of the credit card bill and give them the reasons why, they may threaten to sue but you can laugh in their faces, there is not a court in this land that will make you pay for goods you have not received.
#14
Your problem lies with the parcel presumably still being in the delivery network.

Until it's flagged as lost / stolen etc, then ebuyer won't refund, as its still in the process of being delivered.

As far as I can tell from your explanation, ebuyer hasn't done anything wrong by not refunding yet.

By saying you're breaking xxx rule / law etc (when they are doing no such thing) you just get people's backs up, and they won't deal with you, and will just let the courier deliver etc in their own time.

If you go for a refund via your card, ebuyer will just pass on the tracking details and your claim will be rejected, as it's still in the network for delivery.

They aren't going to refund or send another laptop worth however many hundreds, when the courier shows as still being in possession of the parcel.

Edited By: eset12345 on Jan 02, 2015 15:48
#15
eset12345
Your problem lies with the parcel presumably still being in the delivery network.

Until it's flagged as lost / stolen etc, then ebuyer won't refund, as its still in the process of being delivered.

As far as I can tell from your explanation, ebuyer hasn't done anything wrong by not refunding yet.

By saying you're breaking xxx rule / law etc (when they are doing no such thing) you just get people's backs up, and they won't deal with you, and will just let the courier deliver etc in their own time.

If you go for a refund via your card, ebuyer will just pass on the tracking details and your claim will be rejected, as it's still in the network for delivery.

They aren't going to refund or send another laptop worth however many hundreds, when the courier shows as still being in possession of the parcel.

Sorry I should have stated, it has been flagged up as being lost and they completed a "depot check"


Edited By: EagleUK on Jan 02, 2015 15:59
#16
Distance Selling Act, section 19: (1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.


Them not delivering within 30 days is a breach of the law, and you're entitled to a refund. It's irrelevant that it might be Yodel's fault - eBuyer are legally responsible for delivery within the timeframe, and it's on them if they contracted to a third party who failed to deliver.
#17
dxx
Distance Selling Act, section 19: (1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.


Them not delivering within 30 days is a breach of the law, and you're entitled to a refund. It's irrelevant that it might be Yodel's fault - eBuyer are legally responsible for delivery within the timeframe, and it's on them if they contracted to a third party who failed to deliver.

This is exactly what I said, don't really no 100% what to do from here other than write a formal letter of complaint about goods there were not received?
#18
I'd try them once more and threaten legal action - say you're going to make a claim to the Small Claims Court unless they give you your money back, and if they don't reply to this, you'll enter judgment and recover your costs from them.

You will need to complete a claim form, the fees are here:

https://www.gov.uk/make-court-claim-for-money/court-fees

If they don't respond in 14 days, enter judgment by filling out the n225 form:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n225-eng.pdf

Companies who do things like this need to learn that they cannot just get away with it, you don't need a lawyer just yourself will do.


Edited By: rikkif1990 on Jan 02, 2015 16:15
#19
your bank or credit card company will be able to get the money back.
#20
Just go straight to your credit card company, state the parcel is 'lost' and ebuyer are not refunding and they will open a case and deal with it for you. If you spent over £50 (which I'm sure you did) it's fully covered on your credit card.
#21
paulcorrine
Just go straight to your credit card company, state the parcel is 'lost' and ebuyer are not refunding and they will open a case and deal with it for you. If you spent over £50 (which I'm sure you did) it's fully covered on your credit card.

actually, only a pound of it needs to be on your card for it to be covered.
#22
Just wondering, have you tried speaking to Yodel?
#23
id speak to yodel first, as ebuyer may be delaying the refund due to the fact they no longer have the item in their hands- so in fact you could get the item AND a refund. If yodel can't help you, I'd then complain publicly on ebuyers social networking sites- they'll soon be more helpful! :)
#24
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.
#25
note to self: never buy from ebuyer or Yodel (unless through thier ebay store, then you are covered by ebay guarantee).
#26
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.
#27
espirit77
note to self: never buy from ebuyer or Yodel (unless through thier ebay store, then you are covered by ebay guarantee).

How can you say dont use Yodel. They are the second biggest parcel delivery network after RM. They are almost impossible to avoid.
#28
momartin
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.

Read post 15. :)
#29
GAVINLEWISHUKD
espirit77
note to self: never buy from ebuyer or Yodel (unless through thier ebay store, then you are covered by ebay guarantee).

How can you say dont use Yodel. They are the second biggest parcel delivery network after RM. They are almost impossible to avoid.

If you order mainly from Amazon, then you will avoid them, because Amazon canned them about a year ago.

I also meant for my own deliveries that i send out, but I take your point.
#30
momartin
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.

I thought they never answered their phone, that's the main gripe i've read on the forums anyway.
#31
espirit77
GAVINLEWISHUKD
espirit77
note to self: never buy from ebuyer or Yodel (unless through thier ebay store, then you are covered by ebay guarantee).

How can you say dont use Yodel. They are the second biggest parcel delivery network after RM. They are almost impossible to avoid.

If you order mainly from Amazon, then you will avoid them, because Amazon canned them about a year ago.

I also meant for my own deliveries that i send out, but I take your point.

Amazon still use them. They just use others as well.
#32
Have contacted Yodel, but no joy.

Ebuyer supposedly asked for a "Depo Check" to try and find it..
#33
I'm gutted ebuyer are reacting this way. I've been a happy customer for years and this is very disappointing.
#34
espirit77
momartin
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.

I thought they never answered their phone, that's the main gripe i've read on the forums anyway.

Well I've spoken to them on the phone plenty of times...
#35
momartin
espirit77
momartin
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.

I thought they never answered their phone, that's the main gripe i've read on the forums anyway.

Well I've spoken to them on the phone plenty of times...

and they can't tell you where the parcel is? isn't that kind of the point of tracking?
#36
Your credit card company wont help? Which company are they?
#37
yodel have a tendency of losing or mis placing parcels. i had a parcel that showed at depot for 3 weeks and suddenly found and delivered on the 4th week even though it was a yodel 48hr delivery. i think the seller is just waiting for yodel to sort them selves out and most likely the parcel may be on the move next week. i cant really blame ebuyers, but u also need to consider the time of year and the amount parcels going out, some get misplaced or even on the wrong route and it takes time to find and reschedule the whole thing back into the system. why dont u just buy another item then resend the original back or refuse delivery if it shows up.
#38
kash2013
yodel have a tendency of losing or mis placing parcels. i had a parcel that showed at depot for 3 weeks and suddenly found and delivered on the 4th week even though it was a yodel 48hr delivery. i think the seller is just waiting for yodel to sort them selves out and most likely the parcel may be on the move next week. i cant really blame ebuyers, but u also need to consider the time of year and the amount parcels going out, some get misplaced or even on the wrong route and it takes time to find and reschedule the whole thing back into the system. why dont u just buy another item then resend the original back or refuse delivery if it shows up.

They have had a week since a "depot check" at Yodel.

I am all for giving them extra time to deliver but it has been over a month.

I don't have £400 to waste this month and they will refuse to refund even though they have accepted it is lost..

Edited By: EagleUK on Jan 02, 2015 19:25
#39
espirit77
momartin
espirit77
momartin
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.

I thought they never answered their phone, that's the main gripe i've read on the forums anyway.

Well I've spoken to them on the phone plenty of times...

and they can't tell you where the parcel is? isn't that kind of the point of tracking?

I genuinely don't understand your hostility... Yes, they can provide more in-depth information than what's shown on the single line of text on the tracking site. Obviously assuming you get a half-decent call centre staff member with at least half a brain cell...
#40
espirit77
momartin
espirit77
momartin
espirit77
momartin
Just wondering, have you tried speaking to Yodel?

lol. have you heard of Yodel? their cust svc is non existent.

Oh yes I've had my fair share of problems with Yodel. But, it can't hurt to try!! Give them the tracking number over the phone and find out where the hell it is, or go to the depot if it's not too far away to collect it.

I thought they never answered their phone, that's the main gripe i've read on the forums anyway.

Well I've spoken to them on the phone plenty of times...

and they can't tell you where the parcel is? isn't that kind of the point of tracking?

Im not being hostile i'll genuinely flummoxed

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