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Buyer has my goods and has claimed my money back!

I sold a phone back in December and was a little late posting it. So I phoned the buyer to confirm that I was just on my way out to the post office and that he would have his phone the next day as I was sending it special delivery. He was all ok about it and seemed a really nice bloke.

The phone went and was delivered the next day (I checked via the tracking).

After spending the last 2 months pretty much away from the computer due to having a lot of college work to do and doings lots of overtime, I find that he has put a claim in for non-receipt and paypal has awarded him £105 of the £165.

He did not email me, to my email address of through ebay.

I sent him a message through ebay 2 weeks ago asking what was going on and then one on saturday gone (24/02) advising that he has 7 days to reply to me. There is no answer on his landline number.

The phone is actually insured as part of my o2 contract and I'm pretty sure I could claim it as stolen (though I think I would have to bend the truth as you have to report it within 24hrs and I don't think you're allowed to sell the phone either). It also feels a little immoral? I guessed he has royally screwed me over though.

If I do claim on my insurance I can get a nice W880i which I can then sell on ebay to recoup my losses.

Opinions?

LBM
September 2006

Yorkshire loan: £4164 >>> £0
Amazon CC: £320 >>> £1700 (oops)
HSBC OD: £1300 >>> £200

Total £5784 >>> £1900 21/05/2006


«1

Comments

  • Does the paypal payment show:

    - A confirmed address?
    - Seller protection?

    If neither of the above apply, you don't have many options :(
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Did you not receive an email from PayPal asking you for the tracking information?
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    If you believe, you will survive - Katie Piper

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  • I have not been using the PC very much and hence didn't check my email :(

    The address is unconfirmed and hence no seller protection :(

    LBM
    September 2006

    Yorkshire loan: £4164 >>> £0
    Amazon CC: £320 >>> £1700 (oops)
    HSBC OD: £1300 >>> £200

    Total £5784 >>> £1900 21/05/2006


  • So you can count out paypal's assistance... I think your only options are legal or the O2 route.

    Dishonest or not, frankly the phone IS now stolen, so I wouldn't hesitate to render it useless.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Make sure every time time you sell or buy that the PP money has go to or come from a "confirmed" account and that is currently available only in the US, not in Europe, where I come from, here we have only the "verified" option and there is no protection.
    Where did the phone go? Outside US maybe?
  • Make sure every time time you sell or buy that the PP money has go to or come from a "confirmed" account and that is currently available only in the US, not in Europe, where I come from, here we have only the "verified" option and there is no protection.
    Where did the phone go? Outside US maybe?


    Are you sure of this?

    as I think that if a buyer has a verified address then seller protection is available. Well, at least that's what I have seen in my payment records anyway!
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  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Verified is different from confirmed.

    No confirmed address=no seller protection.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Baby_J_2
    Baby_J_2 Posts: 637 Forumite
    Give PayPal a ring and tell them. And if you sent it Special Delivery, give them the tracking number and they should sort it out for you.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Baby_J wrote:
    Give PayPal a ring and tell them. And if you sent it Special Delivery, give them the tracking number and they should sort it out for you.

    If you send an item to a (potential) scammer, don't expect miracles just because you use Special Delivery :(

    A dodgy buyer is still a dodgy buyer. For all we know the account could have been hijacked.

    Special Delivery proves the item was delivered to a certain address... but if the people at that address deny receiving it, and their names don't match the buyer's name, how are you going to prove it was them?

    Either way... SD counts for nothing with paypal if you don't have a confirmed address to go with it.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Ok cheers guys, off to the cop shop on the morrow to report it stolen and get it sorted :)

    LBM
    September 2006

    Yorkshire loan: £4164 >>> £0
    Amazon CC: £320 >>> £1700 (oops)
    HSBC OD: £1300 >>> £200

    Total £5784 >>> £1900 21/05/2006


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