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Early December last year I sold a Digital SLR and some lenses and accessories on eBay. I normally use Royal Mail, but this was excessively expensive due the size and weight of the parcel, so I chose Parcel Force Express 24 and paid for extra compensation to cover the full value of the item.
The day after posting I received confirmation that the item was delivered, but a couple of days later the buyer contacted me to inform me that they hadn’t received it or any note from Parcel Force.
Parcel Force are not currently collecting signatures due to COVID but are supposed to collect the full name of the recipient instead and just write “XP1” in place of a signature. They have not put in place any additional mechanisms to record delivery such as taking a photograph of the recipient or giving the them an authentication key.
The address provided by the buyer did not include their first name, just the first initial and surname. The first name provided on the delivery confirmation is close to but not the same as the name of the buyer (e.g. Dan vs. Don).
I contacted the local Parcel Force depot who spoke with the driver and informed me that it had been delivered, and that I should open a compensation claim if the buyer contested this, which I did.
This process was taking quite a long time and in the meantime the buyer opened a case against me on eBay. eBay sided with me because Parcel Force claimed it was delivered and had a signature (“XP1” written by the driver!) - this is a major issue in its own right!
As part of the claim the buyer provided a signed Confirmation of Delivery/Denial of Receipt form confirming that they had not received the item, they’d checked with their neighbours, etc.
After weeks of going back and forth with Parcel Force and the buyer, Parcel Force denied my claim. They say that the driver confirmed it was delivered and that their GPS shows they were at the address. In my view this does not confirm much, certainly not that the item was delivered to the buyer. I have now protested this multiple times and am not getting anywhere.
The address is a block of flats with 6 flats sharing a common entrance. It seems plausible that the driver made up the first name and either left it outside the building or gave it to another occupant. It’s also possible that the buyer did receive it and is having me on, although the fact they signed the form (which clearly states that it is a legal document and there will be consequences if they are not truthful) and that they continue to correspond with me asking for updates 3+ months later suggests otherwise.
I have been on the other side of a similar experience a few times recently and am concerned that between eBay and the courier the system is full of holes and it is possible for the buyer or seller to lose out.
It seems like the compensation I paid for is useless if Parcel Force can outright deny my claim despite no evidence and the signed form from the buyer.
I’m reaching the end of my tether and have run out of ideas. Does anyone have any wisdom to share?
-- Josh
I would just wang in a Small Claims as they clearly haven't delivered to the address, as you have confirmation from the buyer. Their t&cs say they deliver to an address, not a recipient, but if the occupier of that address says its not been received then they haven't delivered!
What's the amount at stake?
It's only ~£150, but I'd be up for taking it to Small Claims Court out of principle.
-- Josh
I'd have a dekko at their t&cs to check there isn't anything precluding using the court (such as an alternative dispute resolution clause) and then send them a letter threatening the claim, referencing the confirmation from the buyer that it hasn't been received, give them 14 days, and then Moneyclaimonline it.
Buyer could be trying it on?
There exists a legally binding contract between you and Parcel Force.
Can they prove it was delivered? If yes, the buyer can whistle. If no, they are liable for whatever value you insured it for.
Anything else, GPS, XP1 signatures, flats, is whataboutery. They need to demonstrate that it was delivered.
It's a difficult one. The same thing happened when I sold an expensive Blu Ray box set on eBay and the buyer claimed not delivered, even though the Royal Mail Special Delivery tracking number claimed delivery and had a signature. The buyer claimed that it was not their signature.
Royal Mail denied responsibility and eBay / Paypal sided with me, but I kept digging as the buyer sounded genuine. Eventually, Royal Mail admitted that their postie had forged the signature and left it outside the house.
Ultimately, I'll never know if it was stolen by someone, or if the buyer gamed the situation and ended up with a freebie.
I'd be going to small claims court too, just out of principle.
It does seem strange that these delivery companies sell you the insurance in case it doesn't get there, when its their job to make sure it gets there.
Seems like a conflict of interest.
Thanks for the wisdom.
The system seems to be quite broken! There's a big conflict of interest between the courier selling insurance against their own service which only they can choose to pay out on.
It could well be the buyer trying it on, but if they want to commit fraud then so be it.
I'm trying them one more time before I resort to Small Claims Court.
-- Josh
I had this on a smaller scale in the middle of the first lockdown
The courier companies appeared to quickly jump on board the chuck it over the fence method of delivery "because Covid safety" with no attempts to collect signatures
The buyer of my old BB (cost £15) said he didnt receive it whilst I had a pic from Hermes of the package on his back door step
After trying to chat reasonably with him - have you asked the neighbours etc - he got increasingly arsey and demanded a refund. Naturally I was conscious that eBay always side with the buyer however after some Google action found out that proof of delivery trumps all so stopped answering his messages which soon stopped. In case youre wondering neither of us left feedback
Good luck OP, I did think at the time it was open to ne'er do wells taking the piss however was selling nothing more than well used 9 speed stuff for pocket money and not a decent camera
Buyer could be trying it on?
Absolutely possible. As you say there are holes in the system especially with covid, etc., and Ebay and PayPal will almost always side with a buyer.
It's a hazard of online trading.