Parcel stolen from buyers mailbox, buyer making demands
Answered
Advice appreciated. I sold an item to a buyer and provided tracking details with the courier company. Item was delivered within 3 days. Over 2 weeks later buyer contacts me to say parcel has never arrived. I tracked the parcel as delivered. Buyer contacted the courier company and they confirmed it was delivered in their mailbox. Buyer tells me it must have been stolen and its my fault as I didn't send the parcel track and trace. Buyer never asked for signature delivery (most couriers not doing this due to covid) or provided instructions of a safe place for parcel to be left. He is making constant demands and now is demanding a refund of more than the purchase price. Is constantly sending emails and wants to take things further. I have tried to contact trade me, but things are going round in circles. I really don't feel I as the seller am at fault and this buyer is becoming a real nuisance. Yes I have blacklisted him.
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JamesEditedAs you have tracking showing it was delivered, trade me won't do anything. If he posts negative, ask for tm to remove it, you might get lucky. He would have to take you to disputes tribunal to do more, and as long as you are a private seller he would not likely win.
In short, don't worry about it.
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ArthurEditedThe buyer should be the one raising a dispute with Trade Me, not you. Just ask them to raise a dispute with Trade Me and stop responding to their demand. After they have raised the dispute, you explain the situation to Trade Me. Sometimes it's hard to communicate with buyers.
Oh yeah, and don't forget to blacklist this buyer.
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If there is proof of delivery, it becomes a civil matter and it is up to the buyer to report to Police or initiate an insurance claim.
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Basically, when the courier company has proof of delivery to a std location (Eg: mailbox, with no alternative options offered), then it's up to the buyer to prove who stole the parcel & at that point it's a police matter with theft charges.
If the courier had an alternative delivery location offered (Eg: front porch/ back door etc) & the courier put the parcel at the front gate/ fence, then the courier could be responsible for an inappropriate delivery & at that point ic may be possible for a small claims court if the company won't refund the buyer.
The reality is that moment the parcel is in the couriers care, the seller has no way to influence anything to do with the delivery of that parcel.
Proviso: If the buyer stated a specific delivery location & the seller ignore/ didn't include those details on the courier pick up form, then the buyer "may" have to refund the buyer.
"May" ... because it may also be partly the drivers fault for not being sensible about the delivery location & that then falls back on the courier company.
It's partly a "Duty of Care" situation along with any specific delivery instructions if included/ or not7 -
Agree much of what David say’s. A courier came about for a secure delivery to a property, back then hand delivered to the buyer, if buyer not home a card was left and they had to go collect the package, now it a matter of it gets brought out to you once a phone call is made, that depends on the courier service, not all do but that was pre covid, so l imagine things have changed.. Anyway the delivery instructions are a big key factor and at the cost of these courier companies, to just drop in letterbox or if to big and on the ground so it can be stolen NO there charges are way to high fir them to be so reckless with someone else’s property..
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