Possibly lost a lot of money!

RadicalRooster_2

I see the Small Claims Court has an online form you can do now for the claimant and the defendant. I think I will try that in a week. If that fails then I may even talk to the police; especially if I can get his address. Despite this being partly my stupidity I won't give up!

RadicalRooster_2

RFW wrote: »

That's always the case, on or off Ebay, its just easier to hold a seller accountable on Ebay. Even if they had proof of postage a court would want to see proof of delivery.

If it was a direct transfer the bank would be unlikely to be able to help.

There's advice available via CAB or Trading Standards, the latter may be able to help get more details for you for a small claim. If it is more a case of fraud than naivety/incompetence on the part of the seller then contact the police, who will do their best not to investigate but have a duty to.

Thanks! I did think that applied in any form of transaction and it is the strongest thing I have against him! I didn't think of Citizen's Advice, but I may also ask them as well; any help is better than none at all! The police is my last option, but it doesn't look good without any form of postage or delivery.

StaffsSW

RadicalRooster wrote: »

Hi, He has been a member for 2 years, has sold before with 100% positive feedback.

What is the trading history of the account? Are you sure that the person you are dealing with is the rightful owner of the account the item was originally listed on, or is it a dormant account that may have been hijacked?

Are you communicating through the ebay messaging service, or via email? I'm guessing if you send another message through ebay, the person on the other end may know nothing about it.

gavjbrown

Have you tried googling the sort code to see if its local to the address you have for him. If its not local to him it could just be that the account was opened online etc.

Fire_Fox

RadicalRooster wrote: »

I see the Small Claims Court has an online form you can do now for the claimant and the defendant. I think I will try that in a week. If that fails then I may even talk to the police; especially if I can get his address. Despite this being partly my stupidity I won't give up!

You cannot take small claims action without an address, and you should not do so without first sending a letter before action. Please do not waste police time, this is a civil not a criminal matter.

stebiz

Fire_Fox wrote: »

You cannot take small claims action without an address, and you should not do so without first sending a letter before action. Please do not waste police time, this is a civil not a criminal matter.

Me thinks I would be going to pay the 'wee chappy' a little visit;)

soolin

RadicalRooster wrote: »

Thanks! I did think that applied in any form of transaction and it is the strongest thing I have against him! I didn't think of Citizen's Advice, but I may also ask them as well; any help is better than none at all! The police is my last option, but it doesn't look good without any form of postage or delivery.

You need to forget the fact that he can't prove delivery, this is NOT an ebay or paypal issue. If you go to small claims they won't just look at that, th efacts are that you willingly sent a payment to someone, it was not linked at all to any item so you don't have an automatic win here. Forget simple 'not delivered etc, and concentrate entirely on building up a dossier of info about the seller andtransaction.

Like others have said, you need to prove that he lives where he does,' so send a special delivery letter to his address and keep the tracking receipt and take a copy of the online confirmation showing delivery.

Incidentally, the case will probably be heard in his local court, so be prepared to travel. Even if you win you won't just get the money back, you will have to issue further proceedings to claim that and chase him for it.

cyberbob

RadicalRooster wrote: »

Thanks! I did think that applied in any form of transaction and it is the strongest thing I have against him! I didn't think of Citizen's Advice, but I may also ask them as well; any help is better than none at all! The police is my last option, but it doesn't look good without any form of postage or delivery.

You seem to be missing the point as others have said its not an ebay or paypal transaction so any rule/ terms and conditions do not apply. As far as your bank and anyone looking on you have gifted someone money by sending it via bank transfer. Before you can do anything you need to prove that the person lives where you think otherwise court proceedings are pointless.

RadicalRooster_2

Thanks again for all of your replies.

I am communicating through the messaging service via my email account. I also have an email address for him though.

His account history is good, he has sold a few things a few weeks before the camera all with good feedback.

I found a good website which you enter a sort code and it tells you everything about that person. The location is the same as his eBay, and his name when you Google it too, it's all Bracknell Berkshire. I now know who he is banking with and the bank's address.

I was looking on the Small Claims Court website and now you can do it all online for claims under a certain amount. You both log on and give your evidence that way and then it is judged which may be convenient considering how far he is.

He replied to my email about court action, and after telling him what a Small Claims Court was (he thought it was something to do with eBay) he has now asked and I will quote this...

'Could you maybe claim for it on home contents insurance? If our efforts with Royal Mail fail then that may be worthwhile?'

I was amazed! It sounded like he wanted me to claim on my house insurance for a camera I never had that may never have existed!

stebiz

RadicalRooster wrote: »

Thanks again for all of your replies.

I am communicating through the messaging service via my email account. I also have an email address for him though.

His account history is good, he has sold a few things a few weeks before the camera all with good feedback.

I found a good website which you enter a sort code and it tells you everything about that person. The location is the same as his eBay, and his name when you Google it too, it's all Bracknell Berkshire. I now know who he is banking with and the bank's address.

I was looking on the Small Claims Court website and now you can do it all online for claims under a certain amount. You both log on and give your evidence that way and then it is judged which may be convenient considering how far he is.

He replied to my email about court action, and after telling him what a Small Claims Court was (he thought it was something to do with eBay) he has now asked and I will quote this...

'Could you maybe claim for it on home contents insurance? If our efforts with Royal Mail fail then that may be worthwhile?'

I was amazed! It sounded like he wanted me to claim on my house insurance for a camera I never had that may never have existed!

I think you need to accept a few things

(i) This guy may have actually sent the camera in the first place (not saying he did, just might have)

(ii) The Money Claim Online doesn't necessarily mean that the hearing is dealt with, without a case hearing. If the guy wants a hearing he can ask you to attend the local court - it is his right to do so - and the judge is likely, in my experience, to grant him this.