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Ebay issue - any ideas what to do about this one?

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I bought a metal detector on Ebay last week. The seller packed and sent it by Parcelforce - I have a tracking number.

 

I got home yesterday and found a card through the door with 'Side door' written on it. There was no sign of a parcel by the side door.

 

Checking with Parcelforce, they say that delivery was made at 13.33 and signed for by M.Gunner - there is a screenshot of a signature. They gave me a tracking number and I have confirmed that this is for the metal detector.

 

I am A.Gunner, my wife is M.Gunner. We were both at work at the time. I was 15 miles away, my wife was 40 miles away. Coincidentally we were both in meetings with colleagues who could confirm this.

 

The seller is suspicious that I have received it and am trying it on. I am significantly out of pocket. It is the Parcelforce driver's fault.

 

So far as Parcelforce and the seller are concerned, they have proof of delivery so it is not their problem. Having checked a few forums, it appears unlikely that Paypal will award in my favour as they won't review the evidence deeply enough and will simply accept that 'there is a signature'.

 

How do I take this forward?

 

Alec

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I would knock up some properly formatted witness statements, nice and courty looking. I'm sure there's a template online or I can e-mail you one if you're not sure what you're looking for. The ones for your colleagues and your wife's colleagues to sign will only need to say:

1. I am Joe Bloggs.

2. At time and date I was in a meeting in place with M. Gunner.

3. There is a CCTV camera in the room we were in.

4. All the above statements are true (or whatever the proper declaration of truth is).

Yours can say stuff like you ordered the thing, paid for it, and then found the card through the door but no thing.

Ask the seller for your money back. When he says no, really calmly send the docs telling him money back in x days or you'll start drafting particulars of claim.

 

If that fails, raise the paypal complaint. Showing them the docs might mean they find in your favour. I've won disputes as a seller with less evidence (and I was under the impression that paypal generally believe buyers over sellers).

 

If that fails, docs and threats to the courier but it shouldn't come to that. Your claim is against the seller. It should be up to him to claim from the courier.

 

If nothing from all of that, small claims. https://www.gov.uk/make-court-claim-for-money/court-fees

Or turn up at his house with some rough men.

 

 

That's gut feeling from doing 99% of a law degree (but having taken only a perfunctory interest in this area). I could easily be wrong. Universities often have student law clinics, which could advise you for free. This sort of case is perfect for them but the time of year is perfectly wrong. The one at my uni almost entirely closes over the summer. Fairly sure Essex (Colchester) has one. Cambridge, if they have one, possibly more convenient for you.

 

Hope that helps.

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Does the signature look anything like your wife's?

 

I had an issue once where some bits were missing. Seller said it had been signed for so not their problem. Talking to my wife about it she said she never signed for it, the delivery driver left it on the door step and drove off. Turns out the driver did the signature but it was nothing like mine, so was able to claim.

 

Get a copy of the signature and go from there.

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The delivery driver wouldnt have left a card if he had got a signature and handed over the goods. Unless the driver gave out your name, how did the signatory know to sign in the name of M Gunner? A passing neighbour or someone you know forgotten to let you have it??

 

I would get down to the parcelfore depot pronto so they can ask the driver what happened and who he got a signature off before he forgets.

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So if I understand this properly, the driver delivered to a person who signed for the item and then felt the need to put a note through the door saying they had left the parcel at the property by the side door.

 

Nothing confusing or contradictory there then, chase the carrier for clarification.

 

I know these digital sign devices are poor at best but is the signature anything like your wifes ?

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Why would a note saying side door be left if it had been received and signed for...the courier has messed up, and I would think that this clarified will sort it out,though you may find yourself wading through fools to achieve it, and the seller may well not be interested if they have the money, I would be coercing them nicely to try and get things worked out with the courier, aware that if the detector has gone awol,and it was not insured, there is going to be a victim of this either way.

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Thanks for the thoughts - to address the questions above:

 

Parcelforce have a 'signature' on a screen (we have a screenshot) and it looks nothing like either of ours. We can get statements from independent people (colleagues) to say where we were at the time - no CCTV in place there though.

 

A passing neighbour or similar would have resulted in a note saying 'with neighbour', not a note saying 'side door'.

 

We did not leave instructions as to what to do if we were out, so my understanding is the default position is that they try our neighbours (they usually do) or take it back to the depot (annoying as it's 20 miles away, but better than not having it.

 

Unfortunately I am in Essex and the seller is in Bristol, so it would probably cost me more to hire some rough men for the day and take them down there than I am going to recover (unless they fancy a day out to the seaside at Weston Supermare of course).

 

Alec

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Its not your fault and its not the sellers fault . Its clearly the delivery driver . He is in a rush , deadlines to meet so he cuts corners .

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I think it's clear it's not the sellers fault. However, Parcelforce is working on behalf of the seller - so it would be good to have the seller on side as they take it up with them.

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