Buyer stoped cheque after i sent item!!

Marvo434

Just a quick point about small claims courts that nearly stopped me a few years ago from pursuing a claim (but I did and won!).

The court that deals and hears the case if there is a hearing will be local to the buyer in this case, not you so it could be that, for instance, if you live in devon and sell to a liverpudlian you will have to go to Liverpool for the hearing.

fablad75

I didn't know they could even do this! So at what point can't the buyer get back his money?

kriss_boy

Whats the buyers rating? whats their feedback? Does it look outa character?

For cheques I call my bank and ask for confirmation. I specifically ask "so its cleared and theres no way the funds can bounce?" to which they always reply "thats correct". so if it ever does bounce I can get it back.

If you go in and speak to your bank theyll give you it back as a good will gesture.

mpython

I might be speaking out of turn, I believe banks do charge to stop a cheque but I recall that if you tell your bank you've lost your cheques or they've been stolen, they will stop them without charging you.

Its true that the small claims court can be changed to wherever the defendent likes (a few people may remember the Free Flights for Hoover mess about 10 years ago, Hoover asked for the cases to be heard in North Scotland or somewhere similar!) but, if you win your case you can claim back your reasonable expenses including travel to the court.

Is it possible this guy has stolen a cheque book and used a drop address?

richt71

Marvo434 wrote:

Just a quick point about small claims courts that nearly stopped me a few years ago from pursuing a claim (but I did and won!).

The court that deals and hears the case if there is a hearing will be local to the buyer in this case, not you so it could be that, for instance, if you live in devon and sell to a liverpudlian you will have to go to Liverpool for the hearing.

It's actually set for the claimants court but the defendant can and usually does move it to there local court. Then as you say you've got to consider travel costs.

Raksha

I sold a service to somebody a few weeks ago - a course of 6 lessons for them with their new puppy. They paid by cheque, which I banked and saw cleared funds in my account. After they had attended the first class, they decided dog ownership wasn't for them and returned the puppy to it's breeders, they let me know the following day (Mon) before the class the following Saturday. Somewhat cheekily, they asked for a refund, which I refused. On the Tuesday, I received the cheque from my bank, saying it had been returned 'unpaid' by the issuing bank, as the cheque had been reported stolen!! I contacted my client, who denied ever having had contact with their bank.......... So I am financially out of pocket on the whole deal.

Is there anything I can do to get the money back? Is it possible the clients bank have made a mistake?

lordexavier_the_2nd

I have had contact from the buyer who says he hasnt a clue why the cheque was returned. I find this hard to believe. He has also said that i should have waited until the cheque cleared before the item was sent and it was therefore my fault!!!! Again raising concerns as to his devious actions.
Any how i received a email today saying that he is now returning the item as he didnt want to deal with me any longer because of my first email which ws in fairness quite harsh.
Im looking forward to further emails Monday/Tuesday saying "Oh i dont know whats happend, it must have got lost in the post".

Thanks for all your comments guys and gals.

hjb123

He will be out of pocket from sending it back too. If hes still got the money there wont be much point in saying that you didnt receive the item back? If it comes back in tact and you are able to resell it do so!

lordexavier_the_2nd

hjb123 wrote:

He will be out of pocket from sending it back too. If hes still got the money there wont be much point in saying that you didnt receive the item back? If it comes back in tact and you are able to resell it do so!

I think you misunderstood what i meant. I am expecting the buyer to say its lost in the post and then refuse to do anything about it. Thus keeping the item and still not sending payment.
I am not playing silly games like him. Also, he may be out of pocket for posting it back but im still out of pocket for ebay fees and my original postage of £7.40.

chirpy007

I found out a while back that technically a cheque can be clawed back at anytime, this was told to me by 2 different people at my bank. I cant see how in this day and age that they cant sort this out.

Let us know how dealing with this t**t works out and name and shame him so we can all avoid him.