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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can you help me in my case I sold and item to France

Customer Question

Hi
Can you help me in my case I sold and item to France worth 400 pound I send it by Royal Mail with insurance upto 250 pound as I thought it won't be lost
As tracking no shows that the item reached France but not delivered we waited as long as we suppose to wait by Royal then I a made a claim
Buyer opened a case in PayPal I provided all the information tracking no claim no post copy all the evidence they required I ended PayPal refunded the money to the buyer as it shows it didn't arrived
Today Royal Mail mailed me saying sorry for my loss but they can't refund the compensation as francs post said this is insufficient address
I appeal in PayPal and I send copy of Royal Mail answer but still they think it's not going to change
Royal Mail won't refund my compensation PayPal took my money and I lost my item and compensation
I need help
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 8 months ago.
Please can you tell me if you have asked the buyer to clarify the delivery address details?
Customer: replied 8 months ago.
Hi ***** did
Expert:  Ben Jones replied 8 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 8 months ago.
HiI am still waiting
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
How long to get an answer
Thx
Expert:  Ben Jones replied 8 months ago.
Many thanks for your patience and sorry for the slight delay – we are practicing solicitors so have to try and fit in or answers on here in between our main legal work. Going back to your query, you will have three potential sets of rights here, against three separate parties. These are:· PayPal/eBay – these will be governed by the agreement you have signed when you joined and when you sold the item. Whilst a proof of signature is only required for items of £750 or more, in the event of a dispute on non-delivery it is for the buyer to prove that the item was delivered. So whilst there may have been tracking up to a point, if it does not show that the item was actually delivered, they could decide I the buyer’s favour as they will always get the benefit of the doubt. You therefore need actual roof of delivery and without it you are unlikely to have a case against them· Royal Mail – they would require a full postal address from which they can deliver. If you provided an insufficient address, then their insurance will unlikely cover it.· Seller – this is the person against whom you are most likely to have a claim if you can show that the address they provided was insufficient. It would be their negligence that caused this and as such they should face liability for it. The issue is that this person is based in France so you making a court claim against them may not be easy. It is certainly possible but there are numerous factors to consider before you decide on whether this is a viable option. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to take this further down the legal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
HiThank you for your replyThe address I provided is the same address on eBay and PayPalWhen I spoke with PayPal regarding this issue they said that Royal Mail should check if is valid address or notBut because the address is in France they can't check unless their a claim which is happen with meI dnt think that it's not valid address because the buyer still buying and I can check from feedbackI think Royal Mail trying to avoid paying back the insurance which I paid
Customer: replied 8 months ago.
So how can I win or get my money back each part saying it's the other part and I am the one who lostExample if I went to shop bought something and left the shop by the time I out side someone stole my shopping do I blame the shop or what
This exactly what happen she bought item I posted it reach to her country and disappear why I have to be the who loose
Expert:  Ben Jones replied 8 months ago.
Thank you. From experience I can say it is pointless to pursue PayPal over this. So you are left with the buyer, on the assumption that the address they provided is wrong, or Royal Mail for failing to deliver the item. The easiest would be to go after RM as they are a UK company. Suing the buyer will not be cost-effective and the chances of you getting anything back are minimal. So on the assumption that the address is correct and it was the mail company which was at fault it would be best to pursue them. You may even find that if you start the formal process they may offer to settle just to avoid wasting time and money dealing with it. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 8 months ago.
Thank you for your help
Expert:  Ben Jones replied 8 months ago.
You are welcome, all the best

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