eBay - item arrived damaged - who should claim? Buyer or Seller?

23 replies
Found 12th Jun 2009
Bought an item on 1st and I finally got it today, but it arrived with a crack in (was a lampshade) and with a bit missing.

The bit missing is not in the package and there were no rips in the package but after messaging the seller they say it is down to me to claim with Royal Mail - is this right? I'd always assumed the seller had to initiate the process and the buyer help out with evidence?

Basically the seller has relieved herself of all responsibilities and I have the message saved stating this - I opened a Paypal dispute (SNAD) and within the hour she escalated this to a claim without a discussion.

I have kept the packaging as proof (small layer of bubble wrap & plastic mailing bag)- but unsure where I stand? Anyone been in this position before? As a seller I'd have asked to see pictures and started a RM claim....but obviously thats not going to happen here....

Rep will be given for any help given

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23 Comments

yep its only seller that can claim from royal mail raise your dispute and if you have to send it back make sure its recorded delivery

Original Poster

jamstaruk1972;5476848

yep its only seller that can claim from royal mail raise your dispute and … yep its only seller that can claim from royal mail raise your dispute and if you have to send it back make sure its recorded delivery



I thought as much. I did open the dispute to discuss it further in one place but she escalated to a claim within an hour:thumbsup:

Its the sellers responsibility i can tell you that

Original Poster

Jack-L92;5476862

Its the sellers responsibility i can tell you that



I thought so, but she's saying it's my responsibility to do it and with a claim now in place, I just hope Paypal see sense!

Original Poster

pingusbrother;5476875

i have the view that you should be entitled to a refund on return of the … i have the view that you should be entitled to a refund on return of the item once agreed with paypal. It should be the seller that then makes the claim to royal mail



Good view to have!

I help my buyers out if they're unhappy :thumbsup:

If you are going to send anything back for a refund make sure you send it tracked i.e. special delivery or parcel2go etc do not send it signed for as paypal do not class that as tracked.

On the claim form the box asks if you are the sender or the reciptent. I usually do claims for my buyers but if there are issues then they can do it themselves also.

Original Poster

Mum2Connor&Cerys;5477025

On the claim form the box asks if you are the sender or the reciptent. I … On the claim form the box asks if you are the sender or the reciptent. I usually do claims for my buyers but if there are issues then they can do it themselves also.



But it asks for the senders full details - is there anyway of getting those if they aren't willing to give them?

Original Poster

tintinlostsnowy;5476965

If you are going to send anything back for a refund make sure you send it … If you are going to send anything back for a refund make sure you send it tracked i.e. special delivery or parcel2go etc do not send it signed for as paypal do not class that as tracked.



Not got the option to send back yet but I will send back signed for :thumbsup:

xsazzyjayx;5477032

But it asks for the senders full details - is there anyway of getting … But it asks for the senders full details - is there anyway of getting those if they aren't willing to give them?



on eBay you can request the information of the seller,I'm not sure how detailed it is. Also if you got any eBay emails relating to the buy,like invoice,if they take other payment methods on invoice it will give payment options. I still take mailed payment and my name and address appears fully on invoice,so check those if you got.

I don't think you have any problems claiming through Paypal,though Paypal will want you to send back item at your own cost,make sure it its not normal post so can be proved they received it as soembody already said.

Glad it's not my item I sent you broken!

When the Paypal dispute does go through,it will say where the parcel gotta be sent bk if it goes that far.

If you send it signed for they can always say they have not received it and paypal could rule in their favour, I have read a load of threads about when sending stuff back it has got to be tracked and signed for does not do that.
forums.moneysavingexpert.com/sho…ery

Original Poster

Mum2Connor&Cerys;5477072

on eBay you can request the information of the seller,I'm not sure how … on eBay you can request the information of the seller,I'm not sure how detailed it is. Also if you got any eBay emails relating to the buy,like invoice,if they take other payment methods on invoice it will give payment options. I still take mailed payment and my name and address appears fully on invoice,so check those if you got.I don't think you have any problems claiming through Paypal,though Paypal will want you to send back item at your own cost,make sure it its not normal post so can be proved they received it as soembody already said.Glad it's not my item I sent you broken!



It's not detailed at all - usually the place and a phone number.

No invoice as I paid straight away and went straight to Paypal :thumbsup:


No the photo set is great!

Mum2Connor&Cerys;5477079

When the Paypal dispute does go through,it will say where the parcel … When the Paypal dispute does go through,it will say where the parcel gotta be sent bk if it goes that far.



I can't see anywhere in the claim where it states to send back - it just says waiting for info from seller?

tinkerbell28;5477118

PP will tell you when to send back and show the address, have you got … PP will tell you when to send back and show the address, have you got pictures you can use to back up the claim?The seller is dispute savvy that I can tell you, escalating it quickly so there is no chance for more info.It's the sellers responsibility to refund and claim and because of her response, I would neg her and leave 1 for all the dsr's too...........



As I said above, I can't see anywhere where it says to send back - when I click on the claim it says at the top waiting for information from seller.

I will be leaving negative unless she changes her mind and refunds on me sending back.

Yes I have taken pictures and have kept the packaging - I have told the seller this but they have not gotten back to me about it, they just escalated to a claim :thumbsup:

Original Poster

tintinlostsnowy;5477163

If you send it signed for they can always say they have not received it … If you send it signed for they can always say they have not received it and paypal could rule in their favour, I have read a load of threads about when sending stuff back it has got to be tracked and signed for does not do that.http://forums.moneysavingexpert.com/showthread.html?t=1688025&highlight=recorded+delivery



tinkerbell28;5477182

PP will say to do that at the time anyway:)



Special Delivery would cost more than the items worth!

It's just the principle - poor packaging, item damaged & no help from seller :x

xsazzyjayx;5477209

Special Delivery would cost more than the items worth!It's just the … Special Delivery would cost more than the items worth!It's just the principle - poor packaging, item damaged & no help from seller :x



Lampshades are a nuisance to break,I've sent a few before and they sometimes got dented like uplighters even in a box. I've just claimed with Royal Mail but to save Paypal freezing the account over disputes,if buyer isn't likely to wait for refund,then I just refund and deal with the claim.
If it's gonna cost a lot to send it back more than it worth then maybe put it down to loss.
Regarding making a claim,if you can get their surname off the information email,and see if they on BT.com Directory,as you be able to search by surname and town,and then the number will match the email and then you got road and address. The seller should happily give their details though.

Original Poster

tinkerbell28;5477250

PP will tell you once they have decided, if in your favour, recorded is … PP will tell you once they have decided, if in your favour, recorded is 72p on top of postage, that should be enough, no need for special:)



I just wish there was somewhere to add pics etc as my proof :thumbsup:

Thanks tinkerbell

Mum2Connor&Cerys;5477262

Lampshades are a nuisance to break,I've sent a few before and they … Lampshades are a nuisance to break,I've sent a few before and they sometimes got dented like uplighters even in a box. I've just claimed with Royal Mail but to save Paypal freezing the account over disputes,if buyer isn't likely to wait for refund,then I just refund and deal with the claim.If it's gonna cost a lot to send it back more than it worth then maybe put it down to loss.Regarding making a claim,if you can get their surname off the information email,and see if they on BT.com Directory,as you be able to search by surname and town,and then the number will match the email and then you got road and address. The seller should happily give their details though.



It's actually plastic - a disney princess one - i thought it'd be quite durable but the crack is huge! The bit missing doesn't directly affect the lightshade but a disappointment all the same!

It'll cost about £2.60 to send back recorded...thinking about it though it's not really all that cost effective to send back, it's just the principle of it all. Seem to be having a bit of bad luck with buying lately, 3 bad items in as many weeks.

Eeeeee look at you Miss Detective - I like your style

Original Poster

tinkerbell28;5477387

Thta's why she escalated it so quickly, as pp will now review it on the … Thta's why she escalated it so quickly, as pp will now review it on the information they have, I would still appeal though if she does win as and claims won will go against her, she sounds like she knows how to play the system.Neg her and leave 1 star for each, that's worse than leaving 0 as they don't count:)



Ahhhh now I see!

I thought Paypal always found in favour of the buyer? The way things stand it's 50/50 on the way it looks at the minute - without my proof.

Is it best to leave the feedback now and not when Paypal finally make their decision?

Original Poster

tinkerbell28;5477502

Yes A snad is never guaranteed......................I would do it after … Yes A snad is never guaranteed......................I would do it after the dispute, but that's just etiquette, you could do it now the seller was not going to refund of her own accord.Do not mention the dispute in the fb though as she can get it removed, say something likeReceived broken item, seller unhelpful would not refund, out of pocket.



I'll ride the claim out and see what happens then leave feedback.

Thanks tinkerbell, really appreciate your advice. I do ok on the seller side but not when I don't get treated how I would treat my buyers :thumbsup:

Helllo

when i had the 'wellys' incident.. i rang paypal and explained to them that the seller had escalated to paypal before i had a chance to write my side of whats happened. paypal said i could either tell them a message over the phone and they would add it on or that i could e-mail them my side and include photos
i forgot to tell you that yesterday sarah-jane. worth a try if she gets funny. xxx

Original Poster

katiecoggin;5480482

Helllo :Dwhen i had the 'wellys' incident.. i rang paypal and explained … Helllo :Dwhen i had the 'wellys' incident.. i rang paypal and explained to them that the seller had escalated to paypal before i had a chance to write my side of whats happened. paypal said i could either tell them a message over the phone and they would add it on or that i could e-mail them my side and include photos :Di forgot to tell you that yesterday sarah-jane. worth a try if she gets funny. xxx



Just rang them and I was surprised how helpful they were!

They've added more info to my claim.

Apparently they are waiting for info from the seller (ie whether I can send back or they will refund etc) and if they don't respond within 10 days I'll get a refund anyway.

She's not responding my messages anyway and what she wrote in the Paypal Dispute before escalating is completely untrue, saying I'd complained about postage cost? I only mentioned her packaging was poor for the item. She'd looked at feedback I'd left someone last july and based her comment on that :thinking:

Original Poster

Bit of an update today:

After seeing what she'd wrote in the dispute comments I left a negative as it was all untrue.

Received an email to say she's offered a partial refund!

Let's hope that this is the end of my run of buying horrible things! :thumbsup:

Banned

tintinlostsnowy;5477163

If you send it signed for they can always say they have not received it … If you send it signed for they can always say they have not received it and paypal could rule in their favour, I have read a load of threads about when sending stuff back it has got to be tracked and signed for does not do that.http://forums.moneysavingexpert.com/showthread.html?t=1688025&highlight=recorded+delivery


wrong I'm afraid. the whole point of recorded delivery (signed for) is that the receiver cannot say they havent received it as they have to sign for it.

special delivery is just quicker and offers higher compensation.

Original Poster

tinkerbell28;5503274

A partial refund for a broken item, cheeky woman! I would be expecting … A partial refund for a broken item, cheeky woman! I would be expecting the revise fb request any day, she probably thought she should try and be nice:w00t: You can push for a full refund you know:)



I know that's the first thing I said 'the cheeky moo'....

I wonder why she couldn't be nice from the start, it's not like I said she'd sent the item damaged, I merely said it had been damaged in the post due to the packaging used - maybe this is why she took the hump?

I took the partial refund as I could see it from both points of view, she sent undamaged why should she be out of pocket (even though packaging wasn't great) and I received a damaged item, why should I be stuck with it when its not what I paid for?

The thing is I won't actually revise my feedback as she only responded to my messages 3 times and in the dispute she was completely untrue about me - why would anyone make things up like that is beyond me!

If she did claim through RM they'd have to contact me about the damage wouldn't they so not all lost :thumbsup:

Thanks for your help tinkerbell. I really appreciate it!

I'll have to be on the lookout for another lightshade now
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