Found 22nd Dec 2006
I bought something for £25.99 which i paid for ASAP inc the postage which was sellers standard rate it was 50p for insurance, and i assume it was recorded, so i didnt bother. cos as dino said recorded is insured the same as 1st class etc anyway i made a claim with paypal and left neg feedback as he did not email me back after i sent about 5. so anyway he has left neg feedback for me saying im a bufoon and that he sent me 4 emails and i did actually recieve the item. i had 100% feedback about 5 days afo now with him and another ideot with -2 feedback my reputation is getting bruised. i emailed him on ebay saying he is a joke lying like that and that ill take him to the small claims court if i have to and he sent this reply back.


"The post office have informed me that the item was delivered. I sent you 4 E-mails regarding the item. If i'm a joke, why did you purchase the item from me? You also didnt select the postal insurance, and the item wasnt covered againt loss, theft or damage. So if indeed your claim was correct, you still dont have grounds for a claim. You do realise I could also take legal action against you for damaging my companies reputation. Do you want me to proceed with legal action?"

i just replied saying go ahead as i did not recieve the item i have every right to leave neg feedback...

am i right? or shall i leave it and lose the £25.99??

sorry for more ebay rubbish...just dunno where i stand with this one.

19 Comments

You assume it was recorded? Did it say it was recorded?

Original Poster

i assumed the optional 'insurance' was recorded as it was 50p and as many have said. recorded is more for the seller so buyers cant pull a fast one and say they didnt recieve it. on a buyers side, the item is no more insured being sent recorded as it is 1st class standard. both at £32. so why pay extra for no extra insurance???

The Post Office cannot and could not confirm the item was delivered. It had no 'tracking number'.
If the item had Paypal buyer protection, Paypal will refund you in full unless he provides a tracking number and can show it delivered online.
This seller sounds like a right fool.
Royal Mail do not consider an item lost or stolen for 15 working days. (Saturday is classed as a working day).

Original Poster

Thanks Dino, I thought so.

What do you think i should say to him? im gonna check now to see if there is the buyer protection. If it is put in by the seller i doubt there will be as he doesnt seem to care one bit about buyers, by the look at anyone who has had a problem with him he calls them worse than muck. but saying that he has good feedback over 2000 and only 4 neg, 4 removed. so im not saying he is a con or anything, just not great with customer service

Original Poster

Hi i just checked and it does have the buyer protection. in the tracking info for the paypal claim he put. cannot issue tracking number. second class post only paid for did not pay for insured post.

Sorry to hear about your troubles, but ma I pass on my experiance with ebay.

When it comes no ebay I always pick recorded (and will ask for it if it aint offered) so I know it was sent by the seller and only send goods recorded delivery for the same reason.

Go to paypal before you leave feedback as this avoids neg rating that normally end up being withdrawn.

Never lower yourself to name calling as it makes you look bad. I will not buy from someone who call others names when things go wrong, and for that matter if I could choose I would also avoid selling to such people. Feedback should be factual and to the point.

Sadly things do go wrong sometimes such is life. Deal with them maturely following the correct procedure and things normally work out. I have 100% feedback and have been a registered buyer and seller since 2002.

Original Poster

Thanks sheps, i always sent recorded anything over £3. But as a buyer i just usually go with the standard, not to be cheap. But because like i said the insurance is the same. and i have nothing to gain by it being recorded.

I usually buy from people who have good feedback and seem decent. But this time all the negs came after me i think. I didnt notice any before i bought off him anyway.

I dont name call i just said in his that i paid asap for item, didnt recieve it and he didnt reply to emails. which was all true.

also i went to paypal before feedback, i only left the feedback after he commented on paypal and realised he is not going to sort this out.

Thing is it is happening more that sellers only leave feedback once they recieve theirs. if its neg they 99% leave you neg, saying whatever they can, even tho the item was paid for asap etc. it seems neg feedback is being left for customers who are not happy with a service, and the seller is just being spiteful. instead of sorting it out like they should do.

yeah there is always bad sellers out there sadly.
What's to be gained from recorded is the seller can prove it was sent. I have had bad dealings in the past where I seriously wonder if things were ever sent in the first place. As a buyer I would be happier to know somthing is ent and generally royal mail don't seam to loose recorded mail the way they loose other stuff!

As for paypal, let them fully complete there investigation before leaving feedback is always best.

Sometimes it is better not to leave feedback rather than risk damaging your own, this is what I chose to do in the past with bad sellers because sellers/buyers in my experiance and as you say retaliate to neg feedback.

You can also prove to paypal he never sent you emails as they kept in "my ebay" it all counts in you favour.

good luvk and sorry you had bad luck. oh if you used you credit card you might get money back from them. worth a try

excuse spelling feeding baby and typing with one finger lol

If he is a shop selling new products, he should be declaring this to the tax man. You might want to try mentioning this. You have all his details after all. Might make him think twice if he isn't. He should be getting proof of postage and should be able to scan/photocopy this for you.
If he has, then go make the claim with the post office. They cover for upto £32. But I think there is a 15 working day wait on this. May still turn up. I know the postal service has been real bad lately (for me anyhow)

Original Poster

sheps - thanks for your advice.

mrtootough - how do i find out if he is declaring it to the tax man? as if i say something and he already is, id look stupid lol. also i dont think i can make a claim i think the one who sent it is meant to? anyway the item had paypals buyer protection so i should get my refund. just doesnt make ebay look great having sellers like that on there

tazandsaz

sheps - thanks for your advice.mrtootough - how do i find out if he is … sheps - thanks for your advice.mrtootough - how do i find out if he is declaring it to the tax man? as if i say something and he already is, id look stupid lol. also i dont think i can make a claim i think the one who sent it is meant to? anyway the item had paypals buyer protection so i should get my refund. just doesnt make ebay look great having sellers like that on there



If I were you, I'd drop it into the conversation. Be as subtle as you like. If he thinks that he might have Gordon Brown knocking at his door, it might spur him into helping you. He should have asked for proof of postage. What's his feedback - is he in the 1000's ? If not, hes probably not paying tax. Remember, it is only if he's selling NEW goods. Hope this helps. Citizens advice website might help. Good Luck

Original Poster

thanks, ill have a look

yeah hes got over 2000 and he states the games etc as new and sealed.

At the end of the day it is down to the seller to provide the item that you have paid for.
It is only Paypal that 'say' you must use R/D, normal post and a CoP is sufficient (If the value is below £32.00) because the amount you can claim is the same. I always use R/D but I don't always say what service I'm going to use.
With the item having Paypal Buyer Protection you will get a full refund, you do not need to do anything other than put in a dispute. It is down to the seller to prove to Paypal the item was delivered.
You, the buyer should not put a claim in with the R/M, that is down to the seller.

As for being VAT registered, you don't have to be VAT registered unless your 'online' turnover is above £78,000. Selling 'new' items is irrelevant.

]http//cu…ent

Original Poster

Thanks dino... ill do some more checking after work. ill let you know how it goes. hopefully i will get my refund. thanks for all the help and advice everyone.

dinosteveus

As for being VAT registered, you don't have to be VAT registered unless … As for being VAT registered, you don't have to be VAT registered unless your 'online' turnover is above £78,000. Selling 'new' items is irrelevant.



I think it's if your rolling turnover for no longer than a 12 month period exceeds £61,000 than you have to be VAT registered.

emmajk42

I think it's if your rolling turnover for no longer than a 12 month … I think it's if your rolling turnover for no longer than a 12 month period exceeds £61,000 than you have to be VAT registered.



I'm sure it's £78,000 if you are an Internet Trader (Distance Seller) and £61,000 otherwise.
I'll dig out my paperwork and check.

Sorry if I'm wrong.:oops:

Perhaps you are right. The £61,000 was the figure I learned in tax class recently. He didn't mention any differences for internet sellers

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Please see example 5 - sounds similar to what is happening here.
BTW I never mentioned VAT. I was referring to income tax. Something most of us have to pay. If he is selling as a business (and making a profit), then he should be keeping records and filling out a tax return at the end of the year.
As to product being new, I'm pretty sure this adds weight to seller being a business seller. They are buying the product new to trade it at a higher price.

emmajk42

Perhaps you are right. The £61,000 was the figure I learned in tax class … Perhaps you are right. The £61,000 was the figure I learned in tax class recently. He didn't mention any differences for internet sellers



Ooooop and Ooooops again, :oops: :oops:
It's £70,000
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