From: Peter Crosland on
"Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
news:80ck2lF4n9U1(a)mid.individual.net...
>
> "Peter Crosland" <g6jns(a)yahoo.co.uk> wrote in message
> news:z4ednfgR8aHVhTzWnZ2dnUVZ8g-dnZ2d(a)brightview.co.uk...
>> "Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
>> news:80c9ndF7leU1(a)mid.individual.net...
>>> Advice please?
>>> Son paid for an Ebay item (�18) using his EBay account and my PayPal
>>> account with full permission on 24th Feb.
>>> Chased up non delivery on 9th March, seller confirmed it had been sent
>>> and provided tracking number.
>>> Checked Royal Mail site, NOT my sons signature on the site, he had the
>>> day off work especially and no postman knocked. He lives alone in a
>>> private house and not in a student/multiple occupancy area where an
>>> error is more likely to happen.
>>> Chased Royal Mail who investigated and came back today saying that the
>>> postman had no recollection of delivery. They have now classed it as
>>> being lost and are sending my son a P58 claims form. But it isn't him
>>> who should claim is it?
>>> It has obviously been wrongly delivered and/or fraudulently signed for.
>>> They have even signed it Aaron when my sons name is nothing like that.
>>> Only his surname was written on the parcel anyway.
>>> I called the seller and explained that she needed to claim for a lost
>>> item, she insists she has proof of delivery and it's our problem. She
>>> complained it would take her a long time to claim it back for us, I
>>> replied that much as I empathised, we shouldn't pay for non delivered
>>> goods and she will get her money back and should refund us straight
>>> away. Am I right?
>>> Help! What is the correct way to go about this please?
>>
>>
>> Is the seller a business?
>>
>> Peter Crosland

> Yes, with it's own website. It was a lap top power supply we paid for.

In which case the law is quite clear. The seller is responsible regardless
of them getting a refund from the Royal Mail. Point this out to her. The
relevant law is:-

"Sale of Goods Act as amended by the Sale and Supply of Goods to
Consumers Regulations 2002.

Section 20 Passing of risk

(4) In a case where the buyer deals as consumer... the goods remain
at the seller's risk until they are delivered to the consumer."

If the seller is a business they cannot alter this by any exclusion clauses
so whether they like it or not they are responsible for the goods until they
are safely delivered to the buyer.


Peter Crosland


From: Dribbler on

"Peter Crosland" <g6jns(a)yahoo.co.uk> wrote in message
news:R4KdnfhlVqyZoTzWnZ2dnUVZ7o6dnZ2d(a)brightview.co.uk...
> "Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
> news:80ck2lF4n9U1(a)mid.individual.net...
>>
>> "Peter Crosland" <g6jns(a)yahoo.co.uk> wrote in message
>> news:z4ednfgR8aHVhTzWnZ2dnUVZ8g-dnZ2d(a)brightview.co.uk...
>>> "Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
>>> news:80c9ndF7leU1(a)mid.individual.net...
>>>> Advice please?
>>>> Son paid for an Ebay item (�18) using his EBay account and my PayPal
>>>> account with full permission on 24th Feb.
>>>> Chased up non delivery on 9th March, seller confirmed it had been sent
>>>> and provided tracking number.
>>>> Checked Royal Mail site, NOT my sons signature on the site, he had the
>>>> day off work especially and no postman knocked. He lives alone in a
>>>> private house and not in a student/multiple occupancy area where an
>>>> error is more likely to happen.
>>>> Chased Royal Mail who investigated and came back today saying that the
>>>> postman had no recollection of delivery. They have now classed it as
>>>> being lost and are sending my son a P58 claims form. But it isn't him
>>>> who should claim is it?
CUT
>>>> Help! What is the correct way to go about this please?

>>> Is the seller a business?
>>>
>>> Peter Crosland
>
>> Yes, with it's own website. It was a lap top power supply we paid for.
>
> In which case the law is quite clear. The seller is responsible regardless
> of them getting a refund from the Royal Mail. Point this out to her. The
> relevant law is:-
>
> "Sale of Goods Act as amended by the Sale and Supply of Goods to
> Consumers Regulations 2002.
>
> Section 20 Passing of risk
>
> (4) In a case where the buyer deals as consumer... the goods remain
> at the seller's risk until they are delivered to the consumer."
>
> If the seller is a business they cannot alter this by any exclusion
> clauses so whether they like it or not they are responsible for the goods
> until they are safely delivered to the buyer.
>
>
> Peter Crosland
Thank you very much Peter, you have given us just the ammunition we need.
Dribbler

From: Peter Crosland on
"Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
news:80d1e8Fk0cU1(a)mid.individual.net...
>
> "Peter Crosland" <g6jns(a)yahoo.co.uk> wrote in message
> news:R4KdnfhlVqyZoTzWnZ2dnUVZ7o6dnZ2d(a)brightview.co.uk...
>> "Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
>> news:80ck2lF4n9U1(a)mid.individual.net...
>>>
>>> "Peter Crosland" <g6jns(a)yahoo.co.uk> wrote in message
>>> news:z4ednfgR8aHVhTzWnZ2dnUVZ8g-dnZ2d(a)brightview.co.uk...
>>>> "Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
>>>> news:80c9ndF7leU1(a)mid.individual.net...
>>>>> Advice please?
>>>>> Son paid for an Ebay item (�18) using his EBay account and my PayPal
>>>>> account with full permission on 24th Feb.
>>>>> Chased up non delivery on 9th March, seller confirmed it had been sent
>>>>> and provided tracking number.
>>>>> Checked Royal Mail site, NOT my sons signature on the site, he had the
>>>>> day off work especially and no postman knocked. He lives alone in a
>>>>> private house and not in a student/multiple occupancy area where an
>>>>> error is more likely to happen.
>>>>> Chased Royal Mail who investigated and came back today saying that the
>>>>> postman had no recollection of delivery. They have now classed it as
>>>>> being lost and are sending my son a P58 claims form. But it isn't him
>>>>> who should claim is it?
> CUT
>>>>> Help! What is the correct way to go about this please?
>
>>>> Is the seller a business?
>>>>
>>>> Peter Crosland
>>
>>> Yes, with it's own website. It was a lap top power supply we paid for.
>>
>> In which case the law is quite clear. The seller is responsible
>> regardless of them getting a refund from the Royal Mail. Point this out
>> to her. The relevant law is:-
>>
>> "Sale of Goods Act as amended by the Sale and Supply of Goods to
>> Consumers Regulations 2002.
>>
>> Section 20 Passing of risk
>>
>> (4) In a case where the buyer deals as consumer... the goods remain
>> at the seller's risk until they are delivered to the consumer."
>>
>> If the seller is a business they cannot alter this by any exclusion
>> clauses so whether they like it or not they are responsible for the goods
>> until they are safely delivered to the buyer.
>>
>>
>> Peter Crosland
> Thank you very much Peter, you have given us just the ammunition we need.
> Dribbler


You are welcome. Judging by a lot of listings on eBay many businesses just
think they can avoid their responsibilities. As Corporal Jones said "They
don't like it up them!"

Peter Crosland


From: Mike on
In message <hnqrh9$uif$1(a)energise.enta.net>
at 15:12:36 on Wed, 17 Mar 2010, Niel J Humphreys
<admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote
>Stick a claim in, you can claim up to �36 so tell the seller you are happy
>to claim and call it quits if she gives you some sort of invoice for more
>than �36 so you can claim the full compenation and double your money.
>
For info, the price of a first class stamp these days is 39p (and soon
to go up too) so max claim for non business sellers is �39 ;)
--
Mike News
From: Kim Andrews on
In article <hnr37a$vhe$1(a)news.eternal-september.org>,
autumnacorn(a)vendredi.fr.com says...
>
> "Dribbler" <DribblerREMOVE(a)superTHIScrip.com> wrote in message
> news:80c9ndF7leU1(a)mid.individual.net...
> > Chased Royal Mail who investigated and came back today saying that
the
> > postman had no recollection of delivery. They have now classed it as being
> > lost and are sending my son a P58 claims form. But it isn't him who should
> > claim is it?
> You can claim, and in this instance, it's going to be easier for all if you
> do so.

Seconded. If you have the history with RM, and RM are sending you the
form, I'd have said trying to swap horses at this stage makes no sense
at all.


--
Cheers, Kimbo

Books, by Kimbo!
Used and collectible books at sensible prices.
Buy direct at www.booksbykimbo.com
Find me on Ebid http://uk.ebid.net/stores/Books-by-Kimbo