Consumer rights: 'The bicycle part I bought online has not arrived. What should I do?'

How to make a claim if an eBay purchase goes sour ... And what happens when someone dies intestate?


Q. On 7 May I bought a part for my bike on eBay. I used PayPal to pay for it.

The seller claims to have sent it on 10 May and to have proof of postage but nothing has arrived. I've checked my nearest postal sorting office and it's not there either. The money has been debited via PayPal. I have requested that either the item be resent or that the money be refunded but the buyer has refused. He or she has offered to send me proof of postage and suggested that I lodge a claim with the post office. The package wasn't sent either registered or insured and the post office tells me that the sender, not me, would be the only person allowed to make a claim. EBay has simply advised I wait for it to come. What redress do I have?

CK

South-west London

A. I have been in touch with the staff at eBay about this and they are very keen to help. An eBay spokesman told me: "People should be reassured that when shopping on eBay, they are covered by our buyer protection policy, provided they are paying by a secure method such as PayPal. If an item doesn't arrive for any reason, we firstly recommend contacting the seller, but if that doesn't work, customers should get in touch and we will review each case. It is up to the seller to ensure that an item arrives safely to the person who bought it. Where an item has been posted, but doesn't arrive, it's the responsibility of the seller to pursue any compensation with the carrier. We have tried to contact the buyer this week to clarify this, and we apologise for any inconvenience caused."

I understand that you have now received a full refund through the eBay resolution centre as the seller was asked to provide proof of postage but was unable to do so. More generally, through the resolution centre you can open a case three days after the estimated delivery date or seven days after making payment, but you must open a case within 45 days of making a payment on an item. If you reach deadlock with the seller, the buyer can escalate the case and eBay personnel will decide in either the buyer's or seller's favour.

***

Q. My mother died recently, and we've searched everywhere for her will without success. There are three of us daughters and we each have a partner and two children. Apart from that there's no other family. My eldest sister is convinced mum made a will but has no idea whether her estate is to be split between us or left to the charities she worked with. We never really talked about that kind of thing. We do know that she owned her house because when my father died everything he owned was left to her. We also know she has some savings and a few small investments. My middle sister is struggling financially and wants a share of the money and the house; I and my eldest sister don't need money but would like the situation resolved quickly. What happens if we can't find the will?

SJ

South London

A. There are rules about how an estate should be divided if there's no will. If you can't find one your sister may be wrong about the existence of one, or perhaps your mother destroyed it and didn't get around to making a new one. If she changed her will after your father died she may have appointed a friend, solicitor or her bank manager as executor. Check with anyone you think might be that person and with all the local solicitors. Given that all her other papers are there it seems likely there is no will and that your mother died intestate. Perhaps she expected that anything she left would simply be split in three equal shares.

If you agree that you've done all you can to find a will, you (or you and your sisters) can appoint a solicitor to sort out your mother's estate, or you can apply for a grant of letters of administration to administer her estate. With a small estate worth less than £5,000, where there's no land, property or shares involved, it may be possible to deal with it without getting a grant. A grant might not be needed if the whole of her estate is held in joint names and passes automatically to the surviving joint owner.

But in your case you will need to apply to the Probate Registry for a grant of letters of administration. Once you get it you become the administrator of the estate. The document is proof to banks and building societies, etc, that you have the authority to access and distribute funds that were held in your mother's name.

If your mother'sassets are worth more than £325,000 (2011-12), inheritance tax is likely to be due at 40 per cent on the amount over this figure. If inheritance tax is due, some or all of this has to be paid before a grant will be issued.

When someone dies without a will, there are rules about who inherits. The first person in line is a spouse or 'civil partner but if there isn't one, the next in line are the children. You and your sisters will inherit everything that remains from the sale of the house and the savings and investments after any debts, funeral expenses and solicitor's fees have been paid. You will get a third each.

The rules are quite complicated but there's more information at direct.gov.uk. When you apply to the Probate Registry you'll find the people working there are very helpful. You'll get the address of your nearest office at hmcourts-service.gov.uk, in the phone directory or ask your nearest advice centre such as a Citizens Advice Bureau. The first step is to agree between you who applies for the grant to administer your mother's estate or whether you all apply together.

www.moneyagonyaunt.com

Independent Partners; request a free guide on NISAs from Hargreaves Lansdown

Suggested Topics
PROMOTED VIDEO
News
The comedian, 42, made the controversial comment following the athlete’s sentencing to five years for the culpable homicide of Reeva Steenkamp on Tuesday
peopleComedian's quip about Reeva Steenkamp was less than well received at music magazine awards
News
Cumberbatch spectacularly photobombs U2 at the Oscars
news
Life and Style
Could you tell the difference between this and an organic alternative?
food + drink

Culinary experts in The Netherlands thought it was 'fresh' and 'tasty'

News
Will menus with calorie counts really deter junk-food addicts from eating junk?
i100
Sport
Today's Liverpool Echo back page
football
Life and Style
Six of the 76 Goats' cheese samples contained a significant amount of sheep's cheese
food + drink
News
i100
News
Russell Brand arriving for the book launch in East London
peopleRussell Brand cancels his book launch debate due to concerns about the make-up of the panel
Arts and Entertainment
JK Rowling will not be releasing a 'romance' novel anytime soon
books
Life and Style
tech

Of all the computers Apple has ever made there’s only one that Steve Jobs had to sell his car to finance

Finacial products from our partners
Property search
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

ES Rentals

    iJobs Job Widget
    iJobs Money & Business

    SQL Developer with T-SQL, Watford, Hertfordshire - £350 - £360

    £350 - £360 per day: Ashdown Group: SQL Developer with T-SQL, Watford, Hertfor...

    Chief Financial Officer

    120-150k: Accountancy Action: We are looking for an experienced CFO from a min...

    IT Systems Business Analyst - Watford - £28k + bonus + benefits

    £24000 - £28000 per annum + bonus & benefits: Ashdown Group: IT Business Syste...

    Trainee Recruitment Consultant - Birmingham - Real Staffing

    £18000 - £23000 per annum + Commission: SThree: The SThree group is a world le...

    Day In a Page

    How could three tourists have been battered within an inch of their lives by a burglar in a plush London hotel?

    A crime that reveals London's dark heart

    How could three tourists have been battered within an inch of their lives by a burglar in a plush London hotel?
    Meet 'Porridge' and 'Vampire': Chinese state TV is offering advice for citizens picking a Western moniker

    Lost in translation: Western monikers

    Chinese state TV is offering advice for citizens picking a Western moniker. Simon Usborne, who met a 'Porridge' and a 'Vampire' while in China, can see the problem
    Handy hacks that make life easier: New book reveals how to rid your inbox of spam, protect your passwords and amplify your iPhone

    Handy hacks that make life easier

    New book reveals how to rid your email inbox of spam, protect your passwords and amplify your iPhone with a loo-roll
    KidZania lets children try their hands at being a firefighter, doctor or factory worker for the day

    KidZania: It's a small world

    The new 'educational entertainment experience' in London's Shepherd's Bush will allow children to try out the jobs that are usually undertaken by adults, including firefighter, doctor or factory worker
    Renée Zellweger's real crime has been to age in an industry that prizes women's youth over humanity

    'Renée Zellweger's real crime was to age'

    The actress's altered appearance raised eyebrows at Elle's Women in Hollywood awards on Monday
    From Cinderella to The Jungle Book, Disney plans live-action remakes of animated classics

    Disney plans live-action remakes of animated classics

    From Cinderella to The Jungle Book, Patrick Grafton-Green wonders if they can ever recapture the old magic
    Thousands of teenagers to visit battlefields of the First World War in new Government scheme

    Pupils to visit First World War battlefields

    A new Government scheme aims to bring the the horrors of the conflict to life over the next five years
    The 10 best smartphone accessories

    Make the most of your mobile: 10 best smartphone accessories

    Try these add-ons for everything from secret charging to making sure you never lose your keys again
    Mario Balotelli substituted at half-time against Real Madrid: Was this shirt swapping the real reason?

    Liverpool v Real Madrid

    Mario Balotelli substituted at half-time. Was shirt swapping the real reason?
    West Indies tour of India: Hurricane set to sweep Windies into the shadows

    Hurricane set to sweep Windies into the shadows

    Decision to pull out of India tour leaves the WICB fighting for its existence with an off-field storm building
    Indiana serial killer? Man arrested for murdering teenage prostitute confesses to six other murders - and police fear there could be many more

    A new American serial killer?

    Police fear man arrested for murder of teen prostitute could be responsible for killing spree dating back 20 years
    Sweetie, the fake 10-year-old girl designed to catch online predators, claims her first scalp

    Sting to trap paedophiles may not carry weight in UK courts

    Computer image of ‘Sweetie’ represented entrapment, experts say
    Fukushima nuclear crisis: Evacuees still stuck in cramped emergency housing three years on - and may never return home

    Return to Fukushima – a land they will never call home again

    Evacuees still stuck in cramped emergency housing three years on from nuclear disaster
    Wildlife Photographer of the Year: Intimate image of resting lions claims top prize

    Wildlife Photographer of the Year

    Intimate image of resting lions claims top prize
    Online petitions: Sign here to change the world

    Want to change the world? Just sign here

    The proliferation of online petitions allows us to register our protests at the touch of a button. But do they change anything?