eBay and PayPal- buyer protection-NOT!

I recently purchased a Landrover part from a private seller on ebay. I waited a couple of weeks and nothing arrived. I then checked with the seller and he stated that it had been sent by Hermes and passed on the tracking information. This reported that there had been "some delay" and to wait a day before checking again. I did this for a number of days, but the information reported the same. The seller did not know what the apparent delay was, but a few days later it was reported as "deliverd to your safe place". Well now, I have never advised any safe place and expect couriers to leave a calling card if they cannot make a delivery. As it happened, this was during lockdown and we were at home all day for months on end. To cut a long story short, we searched the garden high and low but found no parcel. We even asked the local community via Facebook if they had received any incorrect deliveries to no avail (received a number of complaints about Hermes though!).

I opened a case with eBay which was closed as the seller "had provided tracking information", which stated that it had apprently been delivered. I asked the seller to ask Hermes where exactly the package had been delivered, i.e. to provide proof of delivery, but this was not actioned. Out of desparation, I opened a case with PayPal- after all, they do provide buyer protection- after six weeks they rejected my case and closed that "as tracking information was provided".

The seller has not helped me in any meaninful way, and I am now out of pocket for a reasonable sum of money with no help from any of the parties involved. So much for buyer protection! Hermes will not communicate with me as the contract for delivery is with the seller, and he hasn't offered any meaninful support. I don't know where the seller lives, or even his email address so it looks like I am left high and dry. My only redress appears to be to stop using PayPal as a means of payment, as they offered no support at all in this matter. Oh yes, and I will be avoiding using Hermes at all costs! I wrote to their head office months ago and got no response at all.

Has anyone else had similar experiences?

Not had similar experiences but it is the exact thing we all dread.
The seller here could have done more to help and morally if I were the seller then I would do what I could to get some clarity on exactly where the parcel was allegedly left.
Unfortunately e-bay also has unscupulous buyers and therefore I suspect Hermes is the only independent witness to keep both seller and buyer safe.
However, if the Hermes delivery team are creaming off then the whole thing becomes unworkable.
You're right, if Hermes won't confirm where they left it then how does that fulfill their obligationnto you.
I'd try Hermes again and ultimately name and shame them.

I agree with everything you say. The seller could have made more effort, but I guess it was convenient for him not to, with no apparent redress. If I was the seller, and I was confident the buyer was not at fault, I would have offered a refund, at my expense because my belief is that the contract for safe delivery is with the seller. Some folks just don't have a moral compass though.....

Send a letter before action for the value of the part. That might wake the seller up a bit. EBay on the other hand, dont worry, you won't change them, same for paypal. Also dont expect to not use PayPal when buying ,it must be an option and some sellers will insist on it. Same for selling, I often put things about not using PayPal but you need to be careful.coa ebay will remove your listing if you fall foul of there search criteria.

Where are you suggesting I send the letter? I don't have the sellers details and Hermes have just ignored me to date.

Britcyclerider said:

Where are you suggesting I send the letter? I don't have the sellers details and Hermes have just ignored me to date.

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Act like you have recieved the item then you want to return it in that case. PayPal, ebay and the seller are acting like you already have it. You might as well too.

Normally the sellers business address is at the bottom of the listing or visible when the transaction, PayPal, payment is made ...

Eblag sometimes give out a seller company address, but I can't remember the circs ...

Normally, with private sellers as you are have in an issue with, the address of the sender is stated on the parcels address label, and if sent correctly a copy also placed in side of the parcel, but now with a recent parcel i’m sending I see that has stopped.
There’s a lot of bad reports on Hermes but also good ones, I've been using them for twelve years with out issue and sending large items such as my tow-bar connected bike carrer which it got there safely.

This weekend i’ve just sent a redundant Laptop for delivery tomorrow and tracking is all in place in the Hermes app, so far, so good.
Before Covid I’d get an on line copy of a signature, that’s stopped now so we get a photo of the destinations front door or where the parcels been left, same with the items I ordered and left for me at my front door, maybe have to be registered to get that facility.

If ever I had a parcel go missing it’s covered fully by insurance, paying an additional fee to the standard Hermes £20 so I would reimburse the buyer straight away when my loss claim is settled.

To be fair the seller has done their part, provided you with tracking number, and according to the courier it has been delivered, what else can they do?
If they refund they would be like you ie out of pocket and no goods.

I was under the impression the couriers were taking pics of the parcel on your doorstep/safe place etc to prove it was actually there, as nothing is being signed for.

It is annoying, and I have had some issues over the years along the same lines, but overall the odds have been in my favour.

Iirc you can request sellers address/contact details on the advert page?

If the parcel is to be signed for & they have no proof of delivery you can claim against the parcel company.
If the provide a POD & it’s not you or any one in that address they need to prove they delivered it correctly.

now as for claims you will get about £1/kg in insurance from the courier.

I could say as you have not received the item it’s against the shipper to help you trace it.

How do you pay your Pay Pal balance? I use a credit card to pay mine, I believe this to be an extra layer of protection. could be wrong though.

Its lost in transit, so I would go after the shipper, but in the end you paid for something and did not get it so its worth pushing pay pal. The simpe arguments are the best: "I paid, I did not get" I've had some success and used the UK consumer credit act to get paypal to pay up. Paypal tried to claim it did not apply, but I always use my credit card to pay my paypal account. The tough thing is that if paypal reimburse you they will take the money from the seller even if the courier is the one who lost it. The lesson is always opt for "signed for" and be prepared to pay a £1 or 2 extra for insurence. I sell on e-bay as well as buy and I now always post signed for and insure. I'm 100% sure one delivery to me was stolen off our doorstep.

Thanks for your comments. Lynall, I have to disagree with you as the seller has not done their part. If there is an issue with a delivery of goods for which they are responsible, they should do all they can to help, as the contract for delivery of goods is their responsibility. In this case, the seller has done very little to chase up the courier, and they will not deal with me as I am not their direct customer, only the recipient. What I asked for was a statement of where the Hermes "safe place" was located and none of this information was forthcoming. Couriers should be able to prove that a delivery was made and sellers should be supportive enough to help out when things go wrong.

Anyway, I will never intentionally use Hemes again (the seller stated in the lsiting that delivery was with Royal Mail!) and am saddened by the attitude of the seller and that such a crap company is still in business and is apparently flourishing.

If they stated using another shipping method have you not got a claim?
Worth a try

Pursue this, force e-bay by making a formal complaint to either trading standards or the Police since you have paid and got nothing. Saying you will do this will (miraculously) result in a phone call from e-bay (had to do this several times). They will call from 5000 miles away and try to tell you they are not bound by UK law but stand your ground as they know they are. The shipper did not fulfill their contract to the seller but that has to be pursued by the seller. You get a refund from e-bay / paypal (they are the same but pretend they are not.) paypal recover that from the seller, the seller takes a claim against the shipper. Keep your focus on your bit: refund or Police since money has been taken from you and you got no goods.

Perhaps threaten Hermes with small claims court? Use a template letter off Google. Get evidence of non delivery via Hermes from other local people?
In my experience Hermes services varies enormously depending on what area you are in. Some delivery people are spot on, others are it seems "disappearing" parcels on a regular basis. Good luck.

Thanks all for your comments. Please all be aware that the so called "buyer protection" is not what it might first appear! As for Hermes, I spoke to one local courier who said he knew he had delivered to wrong houses in the past, but at least it was a delivery!!! Says it all........!