Bought TV from Sony eBay, Item Not Recieved, PayPal Refused Refund

Limpulsebuy on 21/02/2019 - 18:21
Last edited 21/02/2019 - 18:43 by 1 other user

Hello Ozbargain. I hope someone with similar experience point me to the right direction where to from here.

I bought a TV (with PayPal Giftcard) from Sony eBay about a month ago. It got delayed "Audit Scan" for about two weeks and it finally marked as delivered, although TV were never received at our address.

Calls Toll they kept telling me someone will call back after they get feedback from the driver, which they never did. Contacted Sony they said they're waiting to hear from Toll. PayPal refused refund because item was delivered.

I'm stressed out and don't know who to turn to or who's responsible.

Any ideas where to go from here? Thanks a lot.

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Comments

  • lostboi on 21/02/2019 - 18:28

    Did you pay with a credit card (via PayPal)?
    Raise it with you bank as a disputed transaction
    F%^% PayPal

  • impulsebuy on 21/02/2019 - 18:41

    I paid with PayPal Giftcard :(

  • HighAndDry on 21/02/2019 - 18:48
    +1

    PayPal refused refund

    What did eBay say? That should've been the first point of contact.

    • impulsebuy on 21/02/2019 - 19:46
      +1

      Very vague. "After reviewing all the details of this case, we've determined that you won't receive a refund."

      • Typical16-bitEnjoyer on 22/02/2019 - 09:45

        Huh? Did you raise a resolution case? or just email/online chat?

  • tomsco on 21/02/2019 - 18:49

    can you give approx time frames of contact with Sony/toll?

    • impulsebuy on 21/02/2019 - 19:57

      I sent txt to the toll delivery man number straight away after the item flagged as delivered
      Bought on 17th Jan, flagged as delivered on the 1st February (deliver to Melb address).
      I contacted Toll and open a case on following Monday 4th They promised someone will call back after 48 hours and after three following up calls days later still no call back. I also message Sony the same date.

  • oscargamer on 21/02/2019 - 19:02
    +1

    Is there a signature for the delivery?

    • impulsebuy on 21/02/2019 - 20:01

      Yes there's signature and name, and not the addressed person and she live alone. I been trying to tell them must be somewhere else and toll operator show little interest.

  • Diji1 on 21/02/2019 - 19:06
    +4

    Toll lost a TV for me also.

    It was a return and Sony took responsibility for it since it was shipped using a return shipping label.

    I suggest calling Consumer Affair in your state:

    https://www.accc.gov.au/consumers/consumer-protection/where-…

    • impulsebuy on 21/02/2019 - 20:10
      +6

      Thanks I'll call them tomorrow,
      I just digging around the Whitepage now and found the matching name of the person who signed delivery docket.
      He's living near by similar number and street name except our is COURT and his is STREET. I went over to the address and no one is home:(

      • HighAndDry on 21/02/2019 - 22:13
        +5

        Wait - if you can read the signature of the person who signed for it, that should be proof enough to eBay and Paypal that the BUYER didn't sign for it, because I assume the two names don't match up. Have you shown them that signature?

        • Hybroid on 21/02/2019 - 22:19
          +2

          eBay and Paypal won't care though. Does the tracking show it's been delivered? Yes, so system says no issue and seller off the hook as far as their concerned. Similar to how if you start a returns and literally just send empty envelope, if tracking shows it's delivered, that's all they care about and refund is issued. I've had this happen to me with some bastard scammer and no matter how much complained item wasn't returned, they refunded him and I lost item AND the money.

          This needs to be raised to Toll ideally to review where it was delivered (maybe via GPS tracking?) but they won't care either as a courier as they were not commissioned by the end user.

          Also, to play devil's advocate, I've never seen a courier ask for ID to give you something and sign for it. Generally anyone at your address can sign for delivery. If your mate who lives down the road signed for you while hanging at your address…

      • bbh30 on 22/02/2019 - 09:29
        +2

        I guess you contact toll again and proved that it was not you who received (signed) the item
        It happened to me as well then after a couple of complains, phone calls, the toll driver went back to the address he delivered and collected the item back.

        The responsibility lies with delivery company

        PS : mine is from sony as well (but a memory card for my case)

      • Typical16-bitEnjoyer on 22/02/2019 - 09:49
        +2

        Leave a letter in their mailbox with details of what happened, your phone number and address. Suggest politely that Toll are conducting an investigation and would be easier for all parties if you came and collected your item from them. You have their number from whitepages. Call and follow up.

  • [Deactivated] on 21/02/2019 - 19:28
    +7

    Sony are legally responsible for the delivery of the item and any refund due as they were the seller. (The delivery agent is responsible to THEM if they have lost the tv).
    The others provide the potential for refunds out of an interest in customer service & promoting their platforms, not out of legal obligation.

    Raise the matter with Sony, ask for the issue to be escalated and ask for proof from Sony of delivery. If they cannot provide let them know you are raising the matter with consumer affairs and if all else fails will take legal action to recover the money spent.

    You have not legally taken delivery of an item until it has been delivered to your address in a secure fashion. The seller is responsible up that point.

    • 87percent on 21/02/2019 - 19:48
      +2

      Proving the non delivery I think will be the issue..

      • [Deactivated] on 21/02/2019 - 21:24
        +4

        The onus is on them to prove they delivered to the right person and address, not the other way round (as much as they may try to obscure this fact).

        • Hybroid on 21/02/2019 - 22:14
          +1

          Yes there's signature and name

          They've got proof it was delivered. Now whether or not to the right person will be finger pointing at courier and difficult to prove either way.

        • andyhui01 on 22/02/2019 - 09:49

          I disagree. They have proof that it was delivered, the manifest/shipping label that showed it was addressed to the correct place and most likely a POD with Signature from Toll. I'd say the onus is now on the customer to prove they did not receive it.

    • whooah1979 on 21/02/2019 - 20:20
      +1

      Forget Consumer Affairs VIC. They've no power to force Sony to issue a refund.

      Start here.
      https://www.vcat.vic.gov.au/get-started/goods-and-services

    • Meerkatsrok on 22/02/2019 - 08:07
      +1

      "You have not legally taken delivery of an item until it has been delivered to your address in a secure fashion. The seller is responsible up that point."

      Sorry but this isn't true. Sellers are only responsible up until they hand it to the carrier/courier. Many people make this mistake of thinking they are "covered" until they receive the delivery but it simply isn't true under the Sale of Goods Act. The seller can help out as a goodwill gesture but they aren't legally responsible as you claim. You may be getting confused with US law which is different to Australia.

    • HeWhoKnows on 22/02/2019 - 10:47

      Yep. Toll are under contract to Sony to deliver the goods to wherever the shipping label says.
      Sony may have printed the address label incorrectly.
      i.e. Their addressing system may have picked up STREET instead of the less popular COURT.
      Hence Sony should be following up.
      A call to Consumer Affairs might help move things along

      Meanwhile OP should check the address Sony printed on the shipping label.

  • Cheeper on 21/02/2019 - 21:25
    +3

    If something is delivered to you by mistake and you make no effort to report it could that be classed as theft?
    Obviously the lady who received it has made no effort to do so and is enjoying her new TV.
    Speak with the courier and explain that they delivered it to a wrong address nearby .
    They seem to be the cause of this screw up so they should sort it out.
    It was addressed to you and signed for by someone unknown to you.

    • bbh30 on 22/02/2019 - 09:39

      I think it should be classified as "theft" if the person knowingly accepted the item which was not intended.
      Before accepting the item the person should check it whether it is intended for him/her.
      But in my case, my neighbour was enjoying my item which is not hers clearly until the toll driver showed up at her door to ask to return the item .
      I ended up receiving the "used" item although I bought a new one.

    • HeWhoKnows on 22/02/2019 - 10:51

      You are assuming the shipping label was correct.

      As OP has stated the street names are the same but he is in COURT and the recipient is in STREET.

      Could be the shipping label was printed incorrectly and from the drivers point of view and the recipients - delivered to the correct address!

      OR

      The driver could not find COURT and instead incorrectly assumed and hence delivered it to STREET being in the same suburb or nearby and beliveing it was just an address error.

    • ozbjunkie on 22/02/2019 - 22:53

      My recent reading of NSW law is that you must not interfere with a reasonable attempt to recover a misdelivered package, however if it is not recovered within 3 months it is yours to keep.

  • garetz on 21/02/2019 - 21:59
    +1

    This is one of the reasons never to use giftcards, you basically have no recourse.

  • sleepyowl on 21/02/2019 - 22:12
    +2

    Oh god toll, they delivered my item twice to the same incorrect address where it was signed for twice by the same person, eventually I had them retrieve it and deliver it to the newsagency and I picked it up myself. Completely useless, keep trying eventually they put a case manager on who will update you daily.

  • 87percent on 22/02/2019 - 09:05
    -2

    wait until the next recycling day and see who throws out a sony box in your street

  • impulsebuy on 22/02/2019 - 10:24
    +8

    Little bit of good new guys.
    I gave Toll the Whitepage search result, they finally called and admitted that the package was delivered to a wrong place and will attempt to retrieve it.

    Thanks for all suggestions

    • HeWhoKnows on 22/02/2019 - 10:55

      :)

    • SnoozeAndLose on 22/02/2019 - 11:00

      Great!! report back if they deliver the TV to you in a brand new condition

    • reactor-au on 22/02/2019 - 16:47
      +3

      Super. Enjoy your used product. :/
      Demand Sony send a unused one.

  • aciplys on 22/02/2019 - 21:30

    Great. I ordered one and noticed that Sony had wrong suburb on invoice. I emailed them immediately and they said that they would contact Toll. All worked out good tv is fantastic.

  • 82norm on 23/02/2019 - 07:13

    I’d be expecting an unopened, unused, TV. If not, demand TOLL compensate for their incompetence. You shouldn’t have to settle for 2nd hand.

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