Defrauded on ebay - please help

AceCobra1

Hi all,

I have recently bought a graphics card from ebay from the following:

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=320287193806&ssPageName=STRK:MEWN:IT&ih=011

Anyway, I was just wondering what the best course of action is to take. I sent the guy the postal orders so I have his address... he basically sent me an email about 1 1/2 weeks after he recieved the PO saying that due to 'circumstances beyond his control (usual BS)' he can no longer offer the item and saying that he will give me the refund OK... So 1 week I've waited and I threatened and said i went to the police, he gave me a few very cheeky replies... one of which is:
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And you are telling me this why exactly?? I told you you'd get a refund and that is what will happen. I really don't give a monkeys about a police investigation......call in the FBI and DEA as well if that will make you feel better. I have far more pressing concerns than your pathetic little threats. Don't think for one moment that I am refunding you because you have gone to the police, I am refunding you because it is the correct thing to do. The refund will be with you soon.

It has been 2 weeks now with no signs of refund and he takes bloody ages to reply... I am very seriously considering going to the police station now but I don't think they would do much about it as I went there before and they didn't do much about my previous case for £150... Anyhow, just wondering if there is anyway I can pay the small claims court to get my money back? Even better, is there anywhere I can pay so that this little tart can have a criminal record in his sheet? I have a spare £4k burning a hole in my pocket so I don't mind paying some money to get this little pr*ck done! Its a principle more than anything... he didn't even tell me why he decided 'not to sell it' neither did he say when I will be getting my money back - but rather, saying I will get my money in due course which is not good enough
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frivolous_fay

I think you can still open an item not received complaint with ebay. It won't achieve much as POs aren't protected, but it will go on his record. Keep the feedback back for now as you have so few cards to play.

Yes, you can go to small claims if necessary. Do you still have counterfoils? Were the POs crossed?

How much are we talking? Was the £150 also in postal orders? If so, you really need to rethink who you buy from, and how you pay

GregtheHammer

frivolous_fay wrote: »

IKeep the feedback back for now as you have so few cards to play.

Op has already left negative feedback - Fair enough I suppose

Going to the police is probably the only option available, howver how much they will do is another matter.

frivolous_fay

Missed that one, sorry.

mgardner

frivolous_fay wrote: »

I think you can still open an item not received complaint with ebay. It won't achieve much as POs aren't protected, but it will go on his record. Keep the feedback back for now as you have so few cards to play.

Yes, you can go to small claims if necessary. Do you still have counterfoils? Were the POs crossed?

How much are we talking? Was the £150 also in postal orders? If so, you really need to rethink who you buy from, and how you pay

Absolutey agree, if you paid by paypal you would get your money back
This is a serious amount of money and I do hope you manage to sort it

kazwookie

I would open item not recieved

AceCobra1

Thanks for the replies guys... well I actually asked my boss the best way to get my money back - we are dentists you see, of course him being the slightly more experienced one would have patients who of course don't bother payin the cash after treatment lol... he told me the best way to get this done is actually through the small claims court where i just print a form off and send it to the sheriff court and make a date for the court apperance should he want it - which i think would be stupid of him to do... it is only £30 for that anyway and he will need to pay my fees since he is guranteed to lose... any other suggestions?

Brooker_Dave

AceCobra1 wrote: »

[FONT=arial,sans-serif]I have a spare £4k burning a hole in my pocket so I don't mind paying some money to get this little pr*ck done! [/FONT]

Posting things like the above to a public forum is a tad rash....

AceCobra1

Any ideas how I can start the court procedings? Do I just basically start by sending him an official written letter demanding my money back and if he doesn't refund my money, then I can start the small claims court forms or is there no need for a written letter because all correspondance was done via email

dark_666_angel

I think to open a County Court Claim you would be better protected to send him a letter giving him a reasonable amount of time to refund your money, make sure you give a clear date. State that you will commence proceedings on this date. (Unless of course you have already done this)

You can register a county court claim online, the website is www.moneyclaim.gov.uk It is about £30.

Me personally, I wouldnt register a claim unless you have the counterfoils of the postal orders and have sent a letter giving a time schedule and warning of legal proceedings after this date. Also you may need to be prepared to travel to his local county court as he can apply to have it heard through a court local to him (I think). If it was a company it would be a little different.

Just my opinion, I am not a legal expert. Just my experience with county court claims. I have never issued one to an individual so I am not sure whether it is different.

AceCobra1

I am actually in Scotland... I think the link you sent me wouldn't apply to me? Am I right? Thanks for the reply though