Item said Not recieved Ebay/Paypal Charge Back

[queenslander-one]

I have today had a Paypal chargeback for an item said not recieved by Ebay/Paypal. Have advised the FOS as Paypal under Ebay's instruction have removed money from my account when I had Proof of Postage. (Photograph of item correctly addressed and Postmarked by my Postmaster. Waiting to hear the outcome.

Copy of my response to Ebay/Paypals removal of funds below.

Hi I sent the buyer a photo of the item posted at the Post office on the 5th Feb to his Paypal Address (Please see my Ebay emails sent) or can supply again to Ebay.

Also under Australian law item 101 of Australia post rules. 101 Articles carried by post to be taken to be Australia Post’s property.

Quote For the purpose of any legal proceeding or action in relation to an article carried by post or under the control of Australia Post, the article shall be taken to be, while it is being carried by post or under the control of Australia Post, the property of Australia Post.

In Australia, the seller is not legally responsible for delivery, only postage, therefore proof of postage is what is required Also under Paypal rules.

What is proof of shipment? • The date the item was sent; and

•An official acceptance by the shipper, such as a postmark or online status. (Status that shows the item was delivered is also acceptable.) It must also include either: •The recipient’s delivery address, showing at least the state, city and postcode (or international equivalent); or •A receipt from Australia Post showing at least the recipient’s suburb, city or postcode (or international equivalent).

If money is removed by Ebay from my Paypal account over this correctly sent item I WILL be lodging a complaint with the Financial Services Ombudsman. Ebay if it wants to provide an insurance service for so called non delivered items can but not at my expense.

Will see how I fair

[davewil1964]

Well done. Hopefully the ACCC actually do their job for a change.

[queenslander-one]

As sellers we can only try.

Just waiting for the detracter to make comment. Maybe he will Not as I have already said I will not respond to His Inane responses.

[5kazam]

A lot sellers are going to be very interested in the outcome of this complaint to the ACCC.  

Let's hope that ACCC do not play their usual 3 wise monkeys act, particularly when it comes to eBay, and they actually do bring eBay to task on the basis that eBay's policy is not in accordance with Australian Consumer Law.

Full credit to you for pursuing this.

[thecatspjs]

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@davewil1964 wrote:

ONE does not equate to not almost all.

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I remember this thread

Lol one ~ I have double the kudos than Mr Cranky pants for example for less posts.

Given the most prolific posting ID amigos rarely kudos my posts I reckon my record on the boards carps all over some, including yours ~ afterall I don't have a back slapping crew entering the scene when I post something really profound like "dead thread".

[thecatspjs]

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@queenslander-one wrote:

As Ebay Customer support have been telling me that their Policy is correct and I must supply Proof of delivery not Postage only over a number of emails to get their non delivery DSR removed from my site. I have now placed the whole question of the Australian law only requiring Proof of Posting not proof of delivery and  Ebays shonky MBG in their hands to investigate. Part Copy of report lodged below.  I trust other sellers will do the same. The more reports to the ACCC the better may get some realistic action from Feebay.

Who is the complaint against?
Name of business:	EBAY AUSTRALIA AND NEW ZEALAND PTY LIMITED
ABN:	22 086 288 888
ACN:	086 288 888
Complaint details
Complaint description:	For a few weeks now I have been in contact with Ebay regarding an item I sent with proof of postage and have been slammed by Ebay as said item was marked not received by Buyer. I was of the understanding that in Australia proof of posting was deemed proof of an item sent and not proof of delivery as they expect. Ebay appear to be forcing a policy on sellers that is unjust and unfair due to Ebay wanting to operate outside of Australia's Consumer laws. They appear to have no understanding of Australian Law and wish to force addition onus on a seller for no reason. If they wish to offer a money back guarantee for non delivery they should insure themselves it should be at their cost not a seller who can prove an item was posted. Sample of emails attached.

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Good onya Queenslander for pursuing this.

[queenslander-one]

Support from others complainig as well would also be appreciated.

[thecatspjs]

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@queenslander-one wrote:

Support from others complainig as well would also be appreciated.

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Agreed.

[davewil1964]

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@queenslander-one wrote:

Support from others complainig as well would also be appreciated.

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I will if it happens. Atm my interest is vicarious.

[davewil1964]

I have NFI how much kudos I have, nor do I care. I don't post for slaps on the back, and if I did I would want them objectively assessed for value.

I can't think of a less relevant, over time, basis for big-noting myself. But I don't need others to blow smoke (learnt the origin of that phrase the other day) to justify factual posts. As opposed to 'this is fact, in my opinion' type posts. Understanding that fact and opinion MAY coincide, but that opinion expressed as fact generally is the former and rarely the latter.

[thecatspjs]

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@davewil1964 wrote:

I have NFI how much kudos I have, nor do I care. I don't post for slaps on the back, and if I did I would want them objectively assessed for value.

I can't think of a less relevant, over time, basis for big-noting myself. But I don't need others to blow smoke (learnt the origin of that phrase the other day) to justify factual posts. As opposed to 'this is fact, in my opinion' type posts. Understanding that fact and opinion MAY coincide, but that opinion expressed as fact generally is the former and rarely the latter.

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Ummm ..... then what do you mean by one ? 

Of course I understand that a back track is involved here .... but humour me and draw further attention to the fact that your posts draw far less visible means of agreement save kudos from the amigos  ...