Buyer cancelled cheque after I had posted item

soolin

monkeymoomoo999 wrote: »

Whats the 2 4 6 rule?

I'm sure someone has a proper link somewhere, but meanwhile here si my garbled explanation.

(all days are working days incidentally)

Day 2 - starts to gain interest
day 4 - clears against lack of funds
day 6 - clears against fraud.

So it would not have cleared for funds until the 4th workign day after paying it in.

As for your proof of delivery, what address did you use, was it one on the ebay sale notice or one that the buyer gave himself? Either way I would be happy you are covered if this goes to law- as you can only act in good faith on the information you are supplied with.

custardy

monkeymoomoo999 wrote: »

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?

lots of words
how exactly did you send the item?

Crowqueen

The way you prove delivery is that a postman or courier obtains a signature and uploads it to the Royal Mail or courier website.

He might be telling the truth about misdelivery. Look at the signature if there is one - check it's in his name or his family name. If it isn't, then ask if he knows So-and-so and tell him where the item is, or provide him with the tracking details so he can see for himself.

Yes, if you accuse him of lying without proof, he can leave a negative, and so IMO he ought, but if you have proof, I wouldn't worry about negs (eBay are somewhat more assiduous about removing unjust negs these days with reasonable evidence that the buyer is lying), I would be more concerned about getting the £90 back and getting justice - one neg on an otherwise average or above-average account won't hurt you but certainly letting this person get away with what they're supposedly doing will hurt other people he does it to again.

martindow

soolin wrote: »

I'm sure someone has a proper link somewhere, but meanwhile here si my garbled explanation.

(all days are working days incidentally)

Day 2 - starts to gain interest
day 4 - clears against lack of funds
day 6 - clears against fraud.

So it would not have cleared for funds until the 4th workign day after paying it in.

As for your proof of delivery, what address did you use, was it one on the ebay sale notice or one that the buyer gave himself? Either way I would be happy you are covered if this goes to law- as you can only act in good faith on the information you are supplied with.

Not garbled at all but here's a link

http://www.chequeandcredit.co.uk/246/-/page/113/

alistair.long

soolin wrote: »

I'm sure someone has a proper link somewhere, but meanwhile here si my garbled explanation.

(all days are working days incidentally)

Day 2 - starts to gain interest
day 4 - clears against lack of funds
day 6 - clears against fraud.

So it would not have cleared for funds until the 4th workign day after paying it in.

As for your proof of delivery, what address did you use, was it one on the ebay sale notice or one that the buyer gave himself? Either way I would be happy you are covered if this goes to law- as you can only act in good faith on the information you are supplied with.

I didnt know that this was implemented. The longest I have hurd of a cheque fail is 8 months so 6 days isnt much.

Is this in some regulation or banking code?

alistair.long

Ill tell you were you stand and what you can do and what I would do.

Firstly you have the cheque which shows his bank name, account number and sort code. Make a photocopy.
I would goto the bank and ask if that bank has any funds, and if the cheque is valid.

Contact Royal Mail and see what they say, fill in a form that says item not received. if they reimburse you (about 3-6 months) then it will be sorted, if royal mail are saying they delivered it then sue the buyer.

You still will have the account number etc.. issue a moneyclaim online,
when you win, then do a third party debt order and the funds in that account will be ceased until you are paid, or the judge will pay you from his account.

And then inform the buyer sue royal mail for not delivering the goods, and falsifying the records.

soolin

alistair.long wrote: »

I didnt know that this was implemented. The longest I have hurd of a cheque fail is 8 months so 6 days isnt much.

Is this in some regulation or banking code?

It is banking code as long as the bank is signed up to it, and I think all UK high street banks are.

It's been in place for a year or two now, but like you before that I once had a cheque returned after several months- which was a shock.

soolin

alistair.long wrote: »

Ill tell you were you stand and what you can do and what I would do.

Firstly you have the cheque which shows his bank name, account number and sort code. Make a photocopy.
I would goto the bank and ask if that bank has any funds, and if the cheque is valid.

Contact Royal Mail and see what they say, fill in a form that says item not received. if they reimburse you (about 3-6 months) then it will be sorted, if royal mail are saying they delivered it then sue the buyer.

You still will have the account number etc.. issue a moneyclaim online,
when you win, then do a third party debt order and the funds in that account will be ceased until you are paid, or the judge will pay you from his account.

And then inform the buyer sue royal mail for not delivering the goods, and falsifying the records.

There is no Royal Mail claim possible as OP states ' I know they have recieved it cause its been signed for '

I also don't believe it is possible to do a 'if it is in your hands and in order' enquiry with the bank anymore. That stopped, certainly at the bank I used to work for, about 8 years ago.

monkeymoomoo999

I posted the item recorded signed for. The signiture is just a few circles.
What is confusing me is the buyer is keeping in touch, hes given me the name of the post man and has spoken to him.

I went to my bank today and they said the cheque wouldnt be cashed if I tried again.

I am going to speak to someone else in my bank tomorrow, its worth a try to see if the cheque does cash again.

But if the buyer hasnt got the item then they are going to leave me negative feedback.
One thing for sure I wont except a cheque again.

monkeymoomoo999

I used his address on his ebay account, he has confirmed its the right one.

What worries me is that he is saying this has happened before.

I will try again with the cheque and if it does cash then I will tell him to take it up with royal mail.

With feedback is there a cut of peroiod for not been able to leave feedback?