DHL courier & seller dilemma : UPDATE!

  1. Firstly, here is the original thread for the story so far...
    OK far am I ment to go with this?

    This is one of the buyers latest emails..

    "Explain that they have delivered your parcel to the wrong address and that you will be taking legal action against them for negligence if they are not prepared to accept liability for their failure to deliver the parcel properly.
    If they fail to respond then suggest you pursue the matter through your local county court.'
    Will wait to hear from you first before writing. I think we should both write & we need to include costs for time etc. as well as the fact that the bag cost you .....whatever it was, not the cost of my purchase on eBay.

    Hope to hear from you later."

    Ok, so it seems DHL did deliver to wrong address, but they want to wash their hands of the problem. My buyer is prepared to take this case to court and wants me to help her out.
    We dont live near each other, and plus I have two small children so attending court cases isnt so easy.

    I just want to fill out a simple claim form, but she isnt having any of it. She wants to go the whole way...

    What should I do?
  2. If you can get the money returned by DHL, that should be the end of it. I could be wrong, but I think it's the seller's responsibility to make sure delivery takes place???
  3. I would do whatever I could to help her out and be glad she's not coming after me! After all, if she hasn't received the package, isn't the seller responsible? I wonder if DHL's proof of delivery would satisfy paypal?
  4. Hhhmm....but if the proof of delivery is to the wrong address, would Paypal hold me responsible for that?
  5. If DHL delivered to the wrong address and won't pay the insurance claim, they need to be taken to court. If you fill out the simple claim form, will DHL pay for the bag? Oh yeah, I did read here where a buyer claimed INR, said seller gave paypal a tracking # in a different state from buyer...and paypal sided with seller.
  6. If you read her message she is trying to get you to threaten to take them to court for the original cost of the bag, time lost etc. I am wondering about this girl. I'm guessing that if she files with Paypal they will side with her on this, and you will have to get your money back from DHL.
    If you don't go through Paypal she might still go and try to get her money back from them and her cc if you're not careful. You have to make sure that DHL refunds you directly and not her so I'd just go ahead and file the claim yourself.

  7. well in all fairness, at least the buyer is trying to cooperate and is ready to help solve the problem, she might have as well gone straight to paypal without bothering, file item not received and she would win. I think she is simply angry at the situation but she is not unhelpful.
  8. I am sorry this is still dragging on. I think working with your buyer is definitely the way to go and I guess immediately going to court would not be the next step but is being suggested as a lever to focus some minds at DHL. I think a firm statement of intent, coming from both parties, to DHL explaining that you hope they will refund without further action but you are prepared to invoke the law if you have to would be a sensible thing to do and doesn't mean that you will necessarily have to drag small children to courts! Seriously, I would be inclined to work as closely as possible with the buyer to see if you can convince DHL that they have liability here. What are there terms and conditions/insurance policies in cases like these?
  9. I would file a claim first with dhl since they delivered to the wrong address. If your claim is denied then you can sue if you want but why jump the gun. If you both sue for the full retail price of the bag (not what she paid) and time etc im guessing she will want a cut she sounds like she is after something.
  10. I'm not saying she's unhelpful, I think she's probably being a little too helpful! She might as well go straight through paypal, there's a chance she might not win and she certainly won't get the full retail and time spent etc like she is trying to get from DHL. She'll be entitled to the same amount either way. Only good thing for the seller is if the buyer waits long enough before filing with Paypal she might miss the deadline and the seller will be off the hook anyway.