Advice Please...

Guys, your considered opinion on the following conundrum please if you would....

I couple of weeks ago I purchased two items from a member on here (items and name withheld as they are not needed right now) for a three figure sum and then paid a courier charge on top.

Upon arrival, one of the said items was broken in two and although repairable, was obviously not in the condition that I had paid for,

I used paypal to pay for these items (not the gift option, the purchase item option)

I contacted the member who sent them who then contacted the courier company to try and seek recompense, The latter however said that they were not liable as the item in question was on the prohibited list and should not have been sent and thus was not insured.

I suggested to the member that I would accept a refund on the item of less than half its agreed value based upon its arrived condition, however the member offered a full price refund if I sent the damaged pieces back which I accepted.

However,,,,upon confirmation of the courier cost to return the item and a request for a refund value equal to the item price and courier cost, all has now gone silent from the buyer and they are not responding to messages.

You thoughts please on the actions to date and the way I should move forward with this??

Thanks in advance
Paul

From a purely personal point of view, if it were me you were sending the damaged item back to you would not get any refund until the item was back in my hands.
Reason behind this is that although I am sure you are trustworthy how do I know the item arrived damaged, if delivery was signed for the onus is on you to ensure it is in one piece, even unsigned for if it was placed in your hands it is up to you to check it.
I think the offer of a full refund is generous (on here we would expect nothing less of course) but the cost of postage is probably down to you because apart from being daft enough not to insure it properly the seller has done nothing wrong (again as it was a forum member I have to assume it was in one piece when he sent it)

Just my view. hope you get it sorted

Hey fella,

valid points and I'd like to clarify a couple of them if I may which could add to the equation....

I paid in full for both items and postage by paypal before the seller posted them purely on a trust basis.

I also sent photo's to the seller of the item in its unopened packaging showing it clearly broken, and then also unwrapped showing the extent of the damage...I also signed for the items from the courier as damaged on receipt.

And yes, I fully appreciate the seller did nothing wrong, hence my request for advice from the forum.

Paul

I'd be interested to see whether the item is in fact on the prohibited list or whether that's a vague catch-all that they use in the first instance to close you down before you get as far as making a claim.

I'd also want to know the time-frame in which someone has gone quiet and whether it would be reasonable to expect that the item is back in their hands yet.

Hi Ian,

I havent been in touch with the courier personally so I havent identified whether it is on the prohibited list or not.....and I didnt even get as far as getting a return address before the silence began, hence I still have the item in question because I have no return postal addresss

from above it looks as though you have done everything right (as of course I knew you would) I agree its kinda hard to return anything without an address though.

As to the couriers, just how big is their "prohibited" list?

Paypal...am I right in thinking that if you dont receive item as described (ie in one piece) you could actually get your money back from them if all else failed?

Couriers were Paisley Freight...I've never used them myself before, but I am led to believe they were the cheapest option.

And yeah Zinc....I could go through paypal and claim for my money back but I'm on this forum for a reason, in that like minded people with a common interest work together to help each other out .....so thats my last resort

Paul

You won't be able to win a Paypal case without return tracking.

That said, Paypal will probably supply you the return address.

Fairly sure Paisley don't do their own transport and they're just a broker? The stuff is also booked by name as well so instead of putting in dimensions and weight you tell them what it is. They then pass that on to a courier who turns up. Might even be that Paisley have booked it knowing what it was but the courier is not honouring the insurance, in which case I would think Paisley have some part to play.

Thanks Ian,

Paisley may well have their part to play, but is that not the senders obligation to pursue? I'm not sure on that.

Either way I've still not heard from the sender at all so have raised a paypal claim for a partial refund....I have the goods and they are repairable so not intending to try and make money, just to agree a discount on the initial price due to the condition on arrival

There could be a reasonable explanation why you have not heard from the seller, but if it goes on for much longer I think you may need to name and shame to prevent anyone else getting caught out.
As you've already mentioned, you shouldn't expect grief like this when dealing with other forum members. At the very least they should have kept the communication going and tried to come to some mutually agreeable solution.
I hope you get this sorted.
Paul

orchid66 said:

Paisley may well have their part to play, but is that not the senders obligation to pursue? I'm not sure on that.

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The sender is the one who is the actual customer of the courier company, not the recipient, because it is the sender who pays them, i.e. the courier is acting as an agent of the seller. So, the sender is the only one who can pursue any claim for compensation with them for goods damaged in transit.

748 said:

There could be a reasonable explanation why you have not heard from the seller

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I agree, there could possibly be a reasonable explanation, but a little 'coincidental' too.

748 said:

but if it goes on for much longer I think you may need to name and shame to prevent anyone else getting caught out.

Click to expand...

Totally agree. Might give them a kick up the old proverbial to get it sorted.....

Couriers nowadays often want proof of damaged packing, as easy way of selling damaged stuff is boxing up and posting to a mate for a fictitious amount.

however, first question I can't understand.

You know what was sent, you know it was sent by Paisley Freight, surely you will have checked their website

https://www.paisleyfreight.com/restricted.php" onclick="window.open(this.href);return false;

they also only cover a max of £5 per kg insurance if covered (which as you can see almost nothing is, as they expect you to buy insurance separately or take the risk.

https://www.paisleyfreight.com/insurance.php" onclick="window.open(this.href);return false;

if sender hasn't paid for insurance, you won't get anywhere with them.

If Seller won't play ball, just start reclaim with PayPal.

have you spoken to Mods, as they may well have history or information on seller, I help run a Volvo forum, and we've had to deal with problem members in past, and once one person comes forward all sorts of other things get dug up, and others often come forward, if needs be, someone goes knocking on their door

http://forums.t5d5.org/topic/16618-iphone-4-16gig/" onclick="window.open(this.href);return false;