Board lost in post.. help me?

[heres jonny]

Paid near enough 300 quid for a board, on another forum

Paid 4 weeks ago, board was posted over 2 weeks ago apparently

 

Recently found out it was only posted by royal mail standard parcel, which is stupid.

My local post office has no parcel (according to the grumpy bugger in there)

 

Cannot open paypal dispute as i paid paypal gift to avoid buyer/seller fees.

 

Just wanted to know if there was any legality behind a private sale and who's responsibility it is to chase the parcel and whether i should be demanding a refund and letting him try and sort this out

 

 

If it was a small figure I'd paid out I wouldn't be so fussed, I'd let it rest and it'd hopefully sort out.

But i paid 300 quid odd, for a Kiteboard as i broke my old one, I've now spent weeks without being able to kite, and i don't have the cash to go buying another 300 quid board ..

 

 

Any help?

[too much wind]

I think the poster/seller is responsible. I always ensure items i sell/send are covered with enough insurance. You have not recieved the item and as such should be entitled to a refund. Good luck.

 

TMW

[necro777]

I agree with TMW it should be the seller who is responsible bu as you paid by gift ( never ever do this unless you know the seller) you might be hard pressed to get a refund sorry & good luck.

[heres jonny]

I was thinking that :/

 

The guy has been helpful so far so i hope we can resolve it without getting arsey over anything :L

[Gomas]

First things first, he should at least have proof of postage. Although that doesn't proove what it is, it should give you package type and weight, which should equal a kiteboard. The royal mail always offer a proof of postage receipt so if he doesn't have one, he is either careless, scamming you, or he's lost it!

 

You can report a package lost with RM, but i think standard parcels only covers it for up to £35, subject to having proof of postage.

 

Its a grey area regarding who's responsibility it is. usually the postage type would be agreed in advance and I would say if he has put it in the post according to the postage type agreed then successful delivery is no longer his responsibility.

 

Good luck, these situations are definately not ideal, particularly if neither of you are at fault.

[heres jonny]

Postage wasn't specified, I assumed an item of such value would be posted by a more adequate method .. how wrong I was.

 

He has a receipt apparently, I'm waiting on a response from him before we can progress the matter

[Gomas]

Proof of postage is usually a separate receipt, or sometimes incorporated into the receipt. If all he has is a standard receipt, then that isn't proof and you probably have a case for the small claims court.

[KiteItRight]

ALWAYS PUT A RETURNS LABEL ON IN THE ROYAL MAIL, THAT WAY IF IT GETS LOST IT ALWAYS COMES BACK.

 

I would say its his word against yours in a situation like this. not very nice,no nice outcome for either of you

[The Geoff]

Small claims court is the way to go if you really have to (although the gift aspect is tricky, technically it could be seen as tax fraud), but if the seller seems to be a decent person as you say then I'd keep pestering the RM from both ends, it's probably sat in the corner of a sorting office somewhere.

[Andy-j]

it's not tax fraud, it's a private sale. if i sold my car on a car forum i wouldn't have to pay tax. Go see small claims/legal aid and see what they have to say. it's free and then you'll know if its worth chasing. It might have even turned up by then.

[Andy C]

Any decent seller would refund you first then sort it out afterwards. I have had issues with lost items I posted in past and the way I see it is I'm like a shop if I sell something to someone, so if they don't get it then it's money back and then my problem to try and get a refund from the delivery company.

 

Not everyone sees it like that though...

[mick]

OK maybe Ive missed something but you get a tracking number on the receipt. OK the sender will have the receipt so if he emails you a copy you know he's sent it and its not a con. He would only object to this scrutiny if he has anything to hide. If he has a bona fide proof of sending, shirley it was covered by insurance. It doesnt help in the short term.

 

I recently paid for a kite via paypal and to cover myself I was advised not to send as a gift. Hard I know but it covers both of you.

[C00KIE]

Check if RM standard parcels would accept a package that big. I'm sure they have a size limit. if so then there's something fishy. I lost a small package through rm, sent claim form with receipts from ebay sale and from post office to rm in Glasgow. Never even got a reply. Good luck.

[cowboy54]

you can send kiteboards with royal mail standard delivery, and unless you pay extra it will not have a tracking number to it!

 

Also last time I went to send a board through royal mail, they said that it couldnt be insured for over the standard £35 at the sorting office counter

[The Geoff]

it's not tax fraud, it's a private sale. if i sold my car on a car forum i wouldn't have to pay tax. Go see small claims/legal aid and see what they have to say. it's free and then you'll know if its worth chasing. It might have even turned up by then.

 

It depends - if the seller makes any kind of profit, commission or bought the board for resale then s/he does have to pay tax on it, and the gift aspect could be seen as an attempt to avoid this. Plus a small claims court will need to see proof that the board was paid for, and the fact that a "gift" was sent to the seller may not count.

[sw67]

I have posted 2 boards using royal mail and in both cases they were insured for the full retail value rather than the 2nd hand value. It does not add much to the cost and if goes missing you are well covered. You would need to be mad to post a board without insurance regardless if it was asked for or not

 

You can also do special delivery for bigger items

[paulie_amoose]

The question is how much did you pay for postage and packing?

[heres jonny]

Advert said a price ..

I messaged, said is that including postage, confirmed it was.

Paid up, no board.

 

Asked for his name and address and a scan or photo of the reciept/proof of posting.. message has been read, he's been online, no response.

Going great so far :/

[heres jonny]

Reading previous messages to him, it was stated at time of payment that a courier would be arranged for collection and delivery.

So as far as i was aware at payment stage, it would be collected by a courier and delivered, which would have been fine.

[carltb]

did i read that right, you bought something for 300£ from a alias? you didnt even know who this guy is or where he lives.

ive gotta say youre more trusting then i am!!

[heres jonny]

I apprciate my mistake, and I will not be doing it again in the future

 

 

Board is not at my local royal mail depot, and due to size would most likely have been parcelforce according to royal mail helper, phoned through and not at parcelforce depot either.

[essexsj]

If I've been asked to pay by PayPal Gift, I've used one of the free-to-use online calculators to see what I need to pay extra so the seller receives the same amount and sent by regular PayPal purchase which offers the protection, I know it's extra, but it's a bit of insurance for myself should things go wrong.

[tedatwgs]

Ask again for his name and address. If he is telling the truth he won't mind giving this and contact details. If not post his allias on forum someone well know him. Then you can threaten to take it further.

[EH FLYER]

The only way is Tell the seller!!!!!! that IF HE dont GIVE YOU YOUR money BACK, your going to KICK THE LIVING SHITE OUT OF HES HEAD and KILL all hes FECKING FRENDS TOO !!!!!!!!!

 

sorry thats a bit over the top !!!!!!

im ranting for you

cuz its not funny

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[too much wind]

When was the board "sent"? Allegedly just so we have an idea of timescales?

 

TMW