Please advise on Buyer Seller Royal Mail Dispute

[morbid42]

Hi,

I live in the UK and bought an item from the UK. I have paid the money but not received the goods.

To cut a long story short:

1)The seller did not use 1st class as advertised but International Signed Airmail.
2) With a logged call to Royal Mail (with reference number) I was told:
a) The seller incorrectly used International Signed Airmail.
b) Parcel was sent to Heathrow.
c) Heathrow discovered incorrect Postage.
d) Package sent to National Returns Centre Belfast by default.
e) The package was opened by Royal Mail to find sender address (There must not have been one).
f) The package is now sitting until the seller contacts Royal Mail to give Returns address.
g) RM confirmed there was no delivery attempt at my address.
h) Royal Mail confirmed that as the buyer I am not allowed to pick up the parcel or arrange to have it sent to my address.
i) Royal Mail said Only the buyer can contact Royal Mail and they must do so.

3. I told this information to the Seller. I gave him the reference number. He replied next day, I have now contacted Royal Mail who say you (the buyer) must pick it up or get it sent back to seller, that there was an attempted delivery to your address, and either the rm employee is lying or you are lying.
4. I contacted Royal Mail 2 hrs after this. A different employee confirmed nobody has contacted them regarding the phone reference number or Package Tracking. He also confirmed parts 2a - 2i.
5. I have also emailed Royal Mail who said the Sellers postage was in error and he must contact Royal mail and fill out a p58 international form.
6. The seller now says "It is against the law for me to contact Royal Mail regarding the sent item. Royal Mail must contact me". He will not ring Royal Mail and quote the reference number.

All this has been logged in an ebay dispute including email from RM and reference number. Ive paid, not received item, seller has no proof of delivery, seller has chosen not to follow up my reference number. Im not bothering trying to resolve this situation any more and must wait 6 more days for ebay to decide on a refund.

Can anyone give me piece of mind and confirm the information I have received is correct, and that the Seller is at fault (based on the information I have told you)?

Thank You

[TrueBlueTerrier]

Consumer Contracts Regulations which replaced the Distance selling regulations a year ago and which apply in the UK (and maybe the EU) mean that it is up to the seller to get the item to you, they have all the responsibility of contacting Royal Mail. No if no buts.

Royal Mail can't deal with you directly as a Customer, becuase you aren't Royal Mails Customer (the sender is), and there are legal and contractural implications because of this.

The seller is wrong, they are in breach of contract and you should get a full refund.

http://www.which.co.uk/consumer-rights/ ... egulations" onclick="window.open(this.href);return false;

Delivery of goods

The Consumer Contracts Regulations say that goods must be delivered within the time frame you agree with the seller.

If no time frame is agreed, the seller has to deliver 'without undue delay' and at the very latest not more than 30 days from the day after the contract is made.

The Consumer Contracts Regulations make it clear that the seller is responsible for the condition of the goods until the goods are received by the consumer, or by someone else they have nominated to receive them on their behalf like a neighbour.

Check the t&cs to ensure that you are not agreeing to a neighbour receiving your order without your explicit consent.

[morbid42]

Thank you so much, I appreciate your response in the matter.

Thank you

[Spedley]

Parts h) and i) are conflicting. i) should read that the seller must get in touch with Royal Mail.

[coxie]

Escalate it into a claim and paypal will refund you