Help!Buyer constantly delaying payment

ashy_mashy

Hi, Some one please help me, the first item I ever sold on ebay and ebayer still hasn't paid. Please read this and help...

I sold a samsung D600 online and the winner paid and I posted the item, after about 5 days the payment was reversed meaning that the person had actually not paid and got the item. When I found out I panicked, I called them a number of times but no answer so I jumped on ebay and left them a bad feedback. Then he got back to me with a very angry tone saying that he hasnt had access to the internet for a while and he was doing something when I called him so he couldnt pick up. He said WHY DID YOU LEAVE ME A BAD FEEDBACK when you can see I have 60 rating points and the reason it was reversed was something to do with the bank. So unlike all odds I had to say sorry to him and told him he can pay 20 pounds less as a result of my mistake! and then the feedback was mutually withdrawn. He told me he will pay on tuesday 20th of December but as of now he still hasnt paid. He came online today and I asked him nicely to transfer the funds but he didn't reply so I got my girlfriend to add him and see whether he was there and just not answering and as it happens he was there and told my girlfriend he did not recieve any of my messages which was a blatent lie.He told her that I should call him at 7:45 today to discuss something and when I did it kept going on his answering machine but when I txted him to ask him why he isnt answering, I got a report saying the message was delievered to him meaning that he had read the message. I am constantly calling him and no answer.

What shall I do if he decides not to pay or constantly delays payment meaning that he clearly does not wish to pay?I was not covered by paypal sellers protection since I didn't know about it, Can I tell the police to go to his address?do I have any ebay rights?

here is the link to the item i sold: http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=6457742902&rd=1&sspagename=STRK%3AMESO%3AIT&rd=1

blue_monkey_2

Did you send this item with Sepcial Delivery? If so then you can take him to small claims court I would have thought. And report him to the police.

If not then you can chance taking him to small claims court (there is somewhere to apply online, I am sure someone will know the details) for the sake of the small fee as you are already the phone down - what do you have to lose? Make sure you keep all further emails just in case. Nothing ventured nothing gained!!

ashy_mashy

yes I did send via recorded delivery and should have the number somewhere. He texted me now saying "Look im out with my family at the mo, my mum is ill, you will be paid, honestly, just pls give me time! I will talk to you on msn in morning if your on".
But how much of that I should believe I dont know, do you think he has an aim with constantly delaying payment, maybe he is waiting to move house so I can't find him, or waiting for it to be a certain time after which I will not be able to file a case against him??

jaffa30

Hi

What reason did paypal give for the payment being returned.


Jaffa

blue_monkey_2

I'd keep the slip but not sure if they count Recorded Delivery - that being said I do not know why not as long as he has signed for it. have you checked the RM website to ensure that it was delivered to them and they signed for it, the PO often leaves stuff on my doorstep so this would be your first stop before you do anything else.

To be honest, I would not waste your credit anymore on the contact calls demanding your money. It is time to change tact, text him back saying, look, I understand you have problems but you have my phone. I am understanding and appreciate things are hard so I'll give you 14 days to pay into my bank again' but in this time do not contact him and give him the chance to make more excuses. He sounds like a chancer to me to be honest. I think you have to be strong, you sound nice (I would be the same) and he is sucking you into his pity story to give him more and more time. Give him 14 days, get the paperwork filled in and after the 14 days (plus 3 for clearance) send the form and leave it at that. No more contact - and and then let the summons drop on his doormat and you'll get your money back PLUS your costs back and this includes calling costs and texting costs, plus your bank fee for the reffered payment, plus any charges the bank makes for unpaid DD's and the like. In all, stop being nice and give him 14 days, don't listen to his sob story he is not going to pay you to be honest, if he does not pay you in this time just don't bother with him anymore and go straight to small claims court. I'll see if I can find any links for you and let you know what they are, I have heard you can file a claim online, let me see what I can find. Good luck & be strong!!

kate1976

The link for small claims is
https://www.moneyclaim.gov.uk/csmco2/index.jsp

Hope you have a happy ending!!

blue_monkey_2

Perfect, thanks for that Kate, just sat down with my hot chocolate to find that link!! Good luck and let us all know how you get on.

jaffa30

Hi
Well done kate

I still cant understand why paypal didnt email you to say there buyer had lodged a complaint.
Or did they

Jaffa

blue_monkey_2

Hi jaffa,

No, Paypal just retracts the funds from your account - even if they have been withdrawn. I have had 6 of these in the last week - really peed me off as it was the run up to Xmas and that was obviously why. The buyer can just say their account has had unauthorised use and then Paypal always finds in favour of the buyer. You can file a complaint but you have to verify this that and the other and they do not accept Recorded Delivery as proof of postage as the postcode does not show up on the RM website. I think the buyer knew this myself and this is why they bought the phone so I would personally go via the route of small claims court, a bit more hassle but then you will get more of your costs back.

ashy_mashy

ok thanks alot, but he does have a high rating,I also emailed one of the previous sellers that has sold to him and he said that he has paid them, but seeing as I have already left him feedback, he has an advantage and might be trying to fool me. I think 14 days is too long, Ill tell him Ill give him 7 days.Do you know if paypal charge overdraft fees coz my account has been under by 223 pounds for about a week.

ashy_mashy

the other thing is he has my house phone number and my mobile number!