Who is the legal representative for Ebay in Australia ?

[homedecorau]

I intend to take ebay to court over a case decided in buyer favour regarding a non delivered item when in fact tracking WAS provided that shows item was received.

[countessalmirena]

@homedecorau,

You are more likely to get redress by opening a claim with the Financial Ombudsman -  if you have to. There are preliminary steps you can take which make it a little more likely that you will be granted a refund.

Check through the Seller Protection policy to be absolutely certain you have the evidence to the standard required.

Spoiler

If a buyer reports that an item hasn't been received

We'll protect you if you send an item within your stated handling time and provide tracking information to the buyer before you or the buyer asks us to step in and help with a request, you're protected.

Tracking information must include:

1. A delivery status of "delivered"
2. The date of delivery
3. The recipient's address
4. Signature confirmation, if an item has a total cost of $750 or more.

Before contacting the FOS, do the following:

• contact eBay using the Have us call you option;
• record the call (ask for agreement) and take notes, as per this post;
• demonstrate that the item tracking shows that it was delivered;
• politely request that you be fully refunded. (If this is agreed to, get it in writing - email is fine.)
• You can mention (if you sense that Customer Service are being intransigent) that you'll have no recourse but to contact the Financial Ombudsman and lodge a dispute. Mention that you are aware that you will of course have to name PayPal as the financial services provider. PayPal would presumably then come after eBay for the costs incurred plus the refund amount.

If no luck with eBay in spite of patience and politeness and evidence, contact PayPal directly, briefly explain the situation, state that you have demonstrated that the item was delivered and that you thus request a refund. Give a deadline - say, 24 hours, and further explain that you will be lodging a dispute with the Financial Ombudsman if no resolution within that timeframe. Phrase it very politely because it's eBay who have caused this problem. Again, take notes of everything (with whom you're speaking, date, time, substance of conversation) and record the call if necessary (and remember to have the PayPal rep agree).

If you do have to go to the lengths of actually lodging a dispute, don't hesitate. You will indeed have to name PayPal when lodging, because PayPal is a member of the FOS. You'll need to have gone through these preliminary steps beforehand to add substance to your dispute, and to have detailed evidence to hand, to which you will refer in your dispute.

This will save you costly legal fees, and is very likely to give you the result you want.