Faulty Tomtom "lost in post" - do I have a leg to stand on?
Faulty Tomtom "lost in post" - do I have a leg to stand on?
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Discussion

plenty

Original Poster:

5,036 posts

215 months

Wednesday 25th November 2009
quotequote all
Bought a used Tomtom last month from an eBay trader. It arrived faulty - would not power on.

After a bit of back and forth on email I finally convinced the trader to accept a return and sent it back 1st class on 29 Oct. Unfortunately this was at the height of the Post Office strikes and undoubtedly a delay was inevitable.

I contacted the trader on 10 Nov, and again on 12 Nov, requesting confirmation of receipt. Both times without response. I sent another note on 19 Nov stating that further non-response would elicit escalation to an PayPal "dispute". The trader finally came back saying that he hasn't received it. I've no way of tracking the delivery.

I'm not inclined to give the trader the benefit of the doubt given the lack of interest and responsiveness post sale. I've only a couple of days left within the 45-day window that PayPal allows to raise disputes. Question is, am I within my rights to demand a refund?

rfn

4,608 posts

236 months

Wednesday 25th November 2009
quotequote all
Don't think you have a leg to stand on unless you sent it back recorded delivery and can prove delivery, I'm afraid!

Neil H

15,418 posts

280 months

Wednesday 25th November 2009
quotequote all
You got no chance without proof of posting, just raise the dispute ASAP.

FraserLFA

5,083 posts

203 months

Wednesday 25th November 2009
quotequote all
The postal strike was for post, not parcels so that may not be the problem here. Maybe someone isn't admitting to receiving it?

I had a lot of parcels sent/received during the strikes with no problems. No special/recorded delivery. I even asked Postie why and he said Parcels weren't affected. They're sorted by a completely different lot.

H_Kan

4,942 posts

228 months

Wednesday 25th November 2009
quotequote all
If you are being honest then raise a dispute, Paypal tend to err on the side of the buyer.

GTIR

24,741 posts

295 months

Wednesday 25th November 2009
quotequote all
Depends if the leg was lost in the post.


No?

I try and be funny but I'm st at it.

plenty

Original Poster:

5,036 posts

215 months

Wednesday 25th November 2009
quotequote all
Thanks folks. Dispute it is.

Maxf

8,444 posts

270 months

Wednesday 25th November 2009
quotequote all
you must be crazy to send something like a tomtom through the post and not pay 65p for recorded delivery!

blueg33

46,442 posts

253 months

Wednesday 25th November 2009
quotequote all
Maxf said:
you must be crazy to send something like a tomtom through the post and not pay 65p for recorded delivery!
Especially when it was a faulty item being returned to an ebay seller!

plenty

Original Poster:

5,036 posts

215 months

Wednesday 25th November 2009
quotequote all
Yes if it that had been offered as an option for 65p I definitely would have gone for it. I paid £2.14 for 1st class post and when I asked at the counter what other options were available, the next tier up was significantly more expensive (more than £10 if memory serves - it was a while back). I don't send parcels very often so am not too familiar with my options. Lesson learned.

ShadownINja

80,063 posts

311 months

Wednesday 25th November 2009
quotequote all
plenty said:
Yes if it that had been offered as an option for 65p I definitely would have gone for it. I paid £2.14 for 1st class post and when I asked at the counter what other options were available, the next tier up was significantly more expensive (more than £10 if memory serves - it was a while back). I don't send parcels very often so am not too familiar with my options. Lesson learned.
Did you get a receipt with a barcode number? It may say "Recorded" on the receipt and have been charged at around 75p. Judging by the price you paid, I am in doubt, though. I just sent a watch by recorded delivery, second class and that came to £2.16.

jas xjr

11,309 posts

268 months

Wednesday 25th November 2009
quotequote all
we send a lot of small packets out , which something like a tomtom , would be classed as. plenty of these went missing during the recent strikes

john_p

7,073 posts

279 months

Wednesday 25th November 2009
quotequote all
Post Office misled you as Recorded Signed For is just 75p extra. Essential for dealing with ebay'ers.

croyde

26,359 posts

259 months

Wednesday 25th November 2009
quotequote all
I returned a new but unwanted Nokia back to Orange via recorded delivery, as instructed by Orange, and it was lost and Orange said that I would have to stump up the £500 for the handset or continue my 18 month contract with an old phone.

Seems recorded delivery means nothing so you have to send stuff next day gauranteed in order to be insured.

It took about 2 months but thanks to someone on another motoring forum, I got the email address of someone high up who sorted it in my favour.

Plotloss

67,280 posts

299 months

Wednesday 25th November 2009
quotequote all
croyde said:
I returned a new but unwanted Nokia back to Orange via recorded delivery, as instructed by Orange, and it was lost and Orange said that I would have to stump up the £500 for the handset or continue my 18 month contract with an old phone.

Seems recorded delivery means nothing so you have to send stuff next day gauranteed in order to be insured.

It took about 2 months but thanks to someone on another motoring forum, I got the email address of someone high up who sorted it in my favour.
If it was recorded, the receipt would have had the recorded number on it.

Which is proof of posting, therefore it was always Orange's problem.

croyde

26,359 posts

259 months

Wednesday 25th November 2009
quotequote all
Orange's story was that it was proof I posted something but not necessarily the phone.


jamoor

14,506 posts

244 months

Wednesday 25th November 2009
quotequote all
Special Delivery is reqd for valuables.

Tycho

12,276 posts

302 months

Wednesday 25th November 2009
quotequote all
Plotloss said:
croyde said:
I returned a new but unwanted Nokia back to Orange via recorded delivery, as instructed by Orange, and it was lost and Orange said that I would have to stump up the £500 for the handset or continue my 18 month contract with an old phone.

Seems recorded delivery means nothing so you have to send stuff next day gauranteed in order to be insured.

It took about 2 months but thanks to someone on another motoring forum, I got the email address of someone high up who sorted it in my favour.
If it was recorded, the receipt would have had the recorded number on it.

Which is proof of posting, therefore it was always Orange's problem.
Surely it is only Oranges problem if they signed for it. If not then you have to take it up with the post office. IIRC, the default insurance is only for about £50 so you have to pay more to up it.

northwest monkey

6,370 posts

218 months

Thursday 26th November 2009
quotequote all
Paypal will tell you to send it back recorded. If you haven't I'm afraid they will probably side with the seller if you raise a dispute. A satnav would cost no more than £3.50 to send recorded via RM Small Packet.


bazking69

8,620 posts

219 months

Thursday 26th November 2009
quotequote all
You've been done my friend. Well and truly.
The buyer sent it to you recorded and you sent it back not recorded, so he has you by the balls and will win the game of Paypal Roulette.