Apparently my item was 'Delivered'...but it wasn't.

[generaldebacle]

Hello all,

I recently purchased an item, and the seller sent it through Toll couriers.

The toll tracking number claims it was delivered to me on the 18th of Nov, but it wasn't 😉

I contacted seller and told them. They got back to me just over a week later and said they had seen the 'proof' it was delivered to me, and asked if I knew anybody called 'Sarkan'.

I replied no, I have no idea who Sarkan is, it must have been delivered to the wrong address and asked if they could contact Toll and clear see if they can investigate. I waited some time for a reply, and upon getting no reply I opened a dispute in ebay.

Ebay has since decided for the seller stating 'there is signed proof of delivery to your address'.

I would dearly love some advice on what steps I should now take.

[lyndal1838]

I would get in touch with Toll and ask them what address they delivered to.....and see if you can get proof of what they say.

If the address was not correct you can approach ebay again or go to paypal if that is how you paid.

You should have buyer protection if you paid by paypal.

[generaldebacle]

Hello Lyndal,

Paypal will not do anything once you have asked ebay to intervene, and vice versa.

Toll has told me it was delivered to my address. This is also correct on the docket. The signature however clearly says 'Sarkan' of whom there is nobody of this name here nor do I know anyone of that name. I have asked immediate neighbours but no luck. Toll says it is up to the seller to organise with them for an investigation, as the seller is the only person that can claim recompense in the event of lost parcels. So I took the natural step of starting the process with ebay.

So as it stands I have the sender, who is the only person(s) able to start an investigation with toll refusing to do so, ebay that has ruled against me stating that the seller has proof it was mailed to my address, and toll has also shown me the address which is correct. The fact that this 'Sarkan' is an unknown person, and has signed for my parcel seems to mean nothing to anybody else involved.

This has really killed my faith in buying online, and nobody seems to take any responsibility. To be honest, if the option for signed and traced mail comes up, I will opt for the cheap version without, because I will be guaranteed of getting my money back in the event of this kind of problem.

To my mind, as a buyer, the whole signed and tracked parcel system is totally against me. Indeed if I were a dishonest courier, I could sign Humphrey B Bear for anything that takes my fancy and the system would protect me so long as the correct address was on the parcel.

I think that is my online shopping at ebay done unless it is a very hard to get item. I used to do at least 80% of my gift shopping along with hobby shopping through ebay. Not any more.

Thanks for trying to help me Lyndal.

Greg

[jbmbkb]

thats typical of toll , they delivered a $340 parcel of mine to the other end of my suburb wrong street and near the footpath (only reason i got it was an honest person found it) id be hounding toll if i was you. as theyre delivery drivers dont care and cant read , i know after me putting in a complaint with toll the delivery driver was schooled in the art of doing his job properly.

[lyndal1838 · Accepted solution]

I have to disagree with you about Toll....they are one of the most reputable courier companies in the industry.

There are always going to be mistakes made in any industry....human error can happen anywhere.

OP, while Toll tells you that the seller must make the complaint, I would get back to them and demand an investigation.  There is fraud involved here when a stranger signs for your parcel.  The complaint is about the delivery/non delivery of the parcel with a false signature...that has nothing to do with the sender.

You can also make a complaint about the courier company to the Postal Industry Ombudsman.

Who told you that you cannot go to paypal after you have done an ebay dispute?   I think that is incorrect although I think you would also lose a paypal dispute in this case.

As a last resort you could try a chargeback through your bank if you funded the paypal payment with a credit or Visa debit card.

[generaldebacle]

Hello Lyndal,

Paypal told me. When I tried opening a case with paypal, they told me that since I had gone with ebay, I couldn't open a case with them. Ebay also states this in their conditions regarding whether you can open a case, saying they will not proceed if you also have a case with paypal or a charge back.

I will try contacting toll again and use the methods you described. If this does not lead anywhere, I will try the postal ombudsman. 

Thank you for the assistance Lyndal.

[lyndal1838]

You definitely cannot do both disputes at the same time but I am sure there was a discussion on the boards recently where a member was able to go to paypal after losing an ebay dispute.

It is the same with a chargeback.....that is the last resort and cannot be started while there is another dispute open.

The chargeback is simply a way to force paypal to honour their buyer protection policy.  As the seller has seller protection because of the tracking you are left out in the cold.  If you win the chargeback, paypal will pay the money to your bank but will not take it back from the seller who has already established their protection.

I think your best bet is going after Toll....they have a signature which is not yours and you have no item.  It has nothing to do with the seller so go for it....and good luck.

[jbmbkb]

ill give toll that , their complaints department do follow up and investigate thouroughy so its definatley worth a go , just call toll and explain what happened .

[phorum_junkie*]

It is the same with a chargeback.....that is the last resort and cannot be started while there is another dispute open.

You can start a chargeback but Paypal will cancel the claim through them straight away.

[lyndal1838]

Sorry PJ, bad choice of words.....I should have said a chargeback should not be started while there is another dispute open.