Buyer cancelled cheque after I had posted item

soolin

monkeymoomoo999 wrote: »

I think even if I went to small claim court then they cant prove who has the item.
I am 99% sure the buyer has it, but 1% the postman may have nicked it but surely not a recorded item.

You are confusing me now. Why would *you* go to court about the missing itemt, surely that is something that the buyer would be wanting to go to law on- not you? You have an address, you sent an item to that address, you have a signature that shows item was received.

Assuming i am not being a dizzy blonde here, *you* are the seller aren't you? So surely you are only concerned now in getting your payment? I cannot see why, on the facts as you have presented them that you appear happy to give up trying to get payment, yet want to go to law about the item going astray- is there anything else here you haven't mentioned?

NIC26

Small claims are dealt with under civil law rather than criminal law. The burden of proof is lower than a criminal court. A decision is made based on probability of what has happened. The facts are you entered an agreement to sell this person goods. They paid for those goods with a bad cheque. You can prove you delivered item and item was signed for. They can argue they did not receive goods. However weighing up the probability it is much more lightly they are a small time con artist, wasting your time with nonsense. Therefore it is almost certain you would win a small claim case.

I agree with the earlier post give them 7 days warning they need to pay the money or you will start small claims proceedings. Where they will be liable for original amount, cost of bringing claim, interest. Also mention it will have an impact on their credit rating if they lose case. I do not think its a waste of time bring case, why should they get away with ripping you off. Its just hassle and timescale. Also if a decision is made in small claims court and they still do not pay, there is a provision to pass the debt onto balliffs to chase them for the money. I would also report them to ebay for passing bad cheque and http://www.actionfraud.org.uk/report_fraud

monkeymoomoo999

soolin wrote: »

You are confusing me now. Why would *you* go to court about the missing itemt, surely that is something that the buyer would be wanting to go to law on- not you? You have an address, you sent an item to that address, you have a signature that shows item was received.

Assuming i am not being a dizzy blonde here, *you* are the seller aren't you? So surely you are only concerned now in getting your payment? I cannot see why, on the facts as you have presented them that you appear happy to give up trying to get payment, yet want to go to law about the item going astray- is there anything else here you haven't mentioned?

Why would the buyer want to go to court? its me thats lost.
I am not happy and IM not giving up.
I have said I will wait till Thursday and then I will be taking further action.
I have a letter which I got off the small court web site which I will post recorded to him if no show of money or the returned item.

monkeymoomoo999

I dont think the buyer will do anything till a letter comes through from the small claim courts.

monkeymoomoo999

NIC26 wrote: »

Small claims are dealt with under civil law rather than criminal law. The burden of proof is lower than a criminal court. A decision is made based on probability of what has happened. The facts are you entered an agreement to sell this person goods. They paid for those goods with a bad cheque. You can prove you delivered item and item was signed for. They can argue they did not receive goods. However weighing up the probability it is much more lightly they are a small time con artist, wasting your time with nonsense. Therefore it is almost certain you would win a small claim case.

I agree with the earlier post give them 7 days warning they need to pay the money or you will start small claims proceedings. Where they will be liable for original amount, cost of bringing claim, interest. Also mention it will have an impact on their credit rating if they lose case. I do not think its a waste of time bring case, why should they get away with ripping you off. Its just hassle and timescale. Also if a decision is made in small claims court and they still do not pay, there is a provision to pass the debt onto balliffs to chase them for the money. I would also report them to ebay for passing bad cheque and http://www.actionfraud.org.uk/report_fraud

This is great thanks.

soolin

monkeymoomoo999 wrote: »

Why would the buyer want to go to court? its me thats lost.
I am not happy and IM not giving up.
I have said I will wait till Thursday and then I will be taking further action.
I have a letter which I got off the small court web site which I will post recorded to him if no show of money or the returned item.

I asked because you appear to suggest you are going to court about the missing item not the missing payment. A few posts above you stated:

I think even if I went to small claim court then they cant prove who has the item.
I am 99% sure the buyer has it, but 1% the postman may have nicked it but surely not a recorded item.

monkeymoomoo999

Things are getting from bad to worse.
I have put my side across and hes saying he was at uni day it was signed for, so I am going to get the name of the tutor and phone him to confirm and get it in writing too from the uni.
( I cant see this happening )
He said Im just threating him.
however I am still going to send a letter to home address on what I intend to do

MamaMoo_2

Also, if this guy lives in a tower block or similar, there may be CCTV on his floor?
Failing that, Google Street View his house and see if there is any CCTV etc that could have caught a glimpse of something?