Item not received, paypal constantly rejecting claim despite being provided proof of non delivery

Oisin1
Contributor
Contributor

Hi there,

   I would love some advice on this one. I bought a few things on the 01/01/18, and was awaiting delivery from china. On the 10/01/18 the items were marked as delivered, but there was no sign of them at my place or with any neighbours. I did the normal thing to do, get in touch with royal mail, who provided me with a case number, and got in touch with the seller as per the instructions from royal mail. The seller then kept stating that the item had been delivered, which the tracking info (LX084022728CN) did say for quite some time. As I genuinely didn't have my stuff this was naturally very frustrating, so I decided to go to paypal to open a dispute. I went through the normal procedure of disputing this and even asked the seller if they could communicate over paypal instead of their email system, which they said they would but never did. Within a week or so received an email stating that they had decided in the seller's favour after they provided details from a tracking site called 17track. I rang the customer services line t find out what could be done as I felt as though I had wasted my money, and got through to someone who said within the first minute or so, "I can see you don't have the items".

 

It turns out that the royal mail tracking site had updated a day or 2 after I made the dispute, and was now showing that my item was lying in a warehouse in chester which is nowhere near my address in bristol.

 

She naturally reopened the case as there was proof that the item was not with me, and as royal had said there is nothing they can do without the seller being in touch combined with the inaction on the part of the seller, I should be issued a refund in a few days. Despite this new information (proof?) a week or so later, I got another email from paypal saying the seller provided tracking information and that is that. I reopened the case again and once again the person I spoke to on the phone was amazed when he looked at the tracking information from royal mail. And once again, it was decided against. I have opened another time since, and have received another rejection. I have even been in touch with the seller again over their portal and provided them with the updated tracking information from royal mail, and they have been back in touch with a screenshot from 17track which has not updated past the first marking (falsely so) that it was delivered and said they will do nothing. I can only assume that this is the evidence which they have given to paypal, and that paypal only look at the sellers evidence and not that from the buyer.

 

I would really appreciate some advice here, as it is clear I don't have my stuff, I don't have my money, and with royal mail I have no recourse to redelivery as they will only deal with the seller.

 

Should I move straight to my card company? to a small claims court?

 

Thanks

Oisin

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kernowlass
Esteemed Advisor
Esteemed Advisor

@Oisin1

 

You can't go to the small claims court with an international sale as UK law has no jurisdiction in China.

 

Personally I would do a chargeback via my card issuer > try and get a refund > then the seller can claim from their postal service.


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