Buyer cancelled cheque after I had posted item

monkeymoomoo999

Hi
I am looking for some advice on that to do about a buyer.
I sold an item worth £90 the buyer never paid for the item so I opened a non payment dispute. The buyer said they would sent a cheque as he said he had problems with his paypal acount.
I cashed the cheque and when it was cleared I posted item.
Then I get a letter from my bank with the cheque inside to say the person didnt have enough funds in ther bank to cash it, what I dont understand is it did cash for a day.
So anyway the buyer tells me they havent reieved the item I explained the cheque had been cancelled by there bank, and that they have recieved the item and that I wanted my money ( I know they have recieved it cause its been signed for ) hes saying hes not signed for it and therefore not paying for it.
I dont believe him and ebay live chat have been no help at all, they wont let me onpen a non payment dispute again and all Ive got back is my ebay fees.
please help, thanks.

shaun_from_Africa

Make sure that you keep hold of the cheque and then write to the buyer inforning them that unless they pay you within 7 days then you will take legal action against them (use moneyclaimonline).
Tell them that what they did is fraud and that it is illegal to write a cheque without sufficient funds to cover it and with the unpaid cheque it is guaranteed that you will win a case.
Although you must remember that winning doesn't guarantee that you get you money from them.

How many working days had passed from when you paid the cheque in to when you were told that it had bounced?
A cheque is now guaranteed not to bounce once 6 full working days have elapsed from when it was presented to the bank. After this time it is the bank who must accept the loss.

Oliver14

The thing with cheques is they can say that they are cleared but officially they can still be reversed untill after 6 days. There was a piece on the Radio about this the other day.

Hammyman

Tell the buyer you are phoning the police. They have obtained goods or services by deception.

vax2002

Oliver14 wrote: »

The thing with cheques is they can say that they are cleared but officially they can still be reversed untill after 6 days. There was a piece on the Radio about this the other day.

up to 30 days for International cheques.

mrschuck

say you will ring the police xx

soolin

You have two issues here, first the cheque. How quickly after the cheque was paid in was item sent and (as above) do you fully understand the 2-4-6 rule?

Secondly the non receipt of item. I assume you used special delivery or a courier as you say it has been signed for - in which case make sure you keep your proof of tracking until thi smatter has been resolved. If buyer does try any legal route then you may need to be able to show you have tracking showing item was delivered.

mikey72

If the cheque has been returned for insufficient funds, keep re-presenting it.

monkeymoomoo999

mikey72 wrote: »

If the cheque has been returned for insufficient funds, keep re-presenting it.

Thanks everyone for your advice.
It was the same day the money went in my bank that I posted the item.
The buyer has said its because he didnt have enough funds in his account which I sort of know.
The strange thing about all this is that he has said its happened before where his post man has gone to the wrong address, hes been very helpful even given me his phone numbers and told me the name of his post man.
would royal mail do Anything?

At first I was very sharp with him and told him I was going to the police.
The thing is if I accuse him anymore he can leave negative feedback.
What will the poilce do?
could they say there is no proof the postman went to that house?

monkeymoomoo999

mikey72 wrote: »

If the cheque has been returned for insufficient funds, keep re-presenting it.

Are you sure I can still do this??

Do I get charged money if it gets rejected again?

monkeymoomoo999

soolin wrote: »

You have two issues here, first the cheque. How quickly after the cheque was paid in was item sent and (as above) do you fully understand the 2-4-6 rule?

Secondly the non receipt of item. I assume you used special delivery or a courier as you say it has been signed for - in which case make sure you keep your proof of tracking until thi smatter has been resolved. If buyer does try any legal route then you may need to be able to show you have tracking showing item was delivered.

Whats the 2 4 6 rule?