Seller won't refund, options?

Blacksheep1979

I would point out to the seller that he is liable for the item till it is delivered and that if it goes to court he will lose, and there will be other costs associated with the claim so the amount payable could easily double. If you're still after the item point out that it will be far cheaper for him to send another as there is obviously a proffit element in the item.

slam2k5

Just thought I'd bring this post back from the dead and give you all a quick update...

I've submitted my small claims form online, it cost me £30. I informed the seller that I was going to do it and finally did. Gave him one last chance to refund but he stuck to his guns.

I'm just wondering what my chances are? I've heard people saying that it will be a waste of time and that if I do win then they can't force the guy to pay up? Also does anyone know how long these claims can take?

Thanks

Snooze_Control

I'd be interested to know the outcome of the court case as in my experience they've been a complete waste of time and money, but I'm willing to be proved wrong for once.

Personally, I don't see what the point is in filing a claim as to an outsider it's simply your word against his that the item hasn't been received. Now if he had a whole raft of "item not received" negative feedback comments on his file then I think doing it would be worthwhile as he'd have a history of poor service, but he hasn't... I seriously think that this will go against you and you'll lose the case.

If it were me in your position, I would have set up a fake account on Ebay, hit the "request seller details" button and then taken a drive down to his address and suggested he get his hand in his pocket pretty fast if he wanted his nose to remain in one piece. I certainly would not be fobbed off and definitely wouldn't stay £230 out of pocket for very long.

It does sound like the RM have lost it and he's not trying it on, but it's his own stupid fault for sending it via an inadequate means and now he'll have to pay the price and hopefully he'll have learnt his lesson.

Going on what I've said above, if you want help in recovering your money then PM me and we can talk.

SC

greeneye

Snooze_Control wrote: »

If it were me in your position, I would have set up a fake account on Ebay, hit the "request seller details" button and then taken a drive down to his address and suggested he get his hand in his pocket pretty fast if he wanted his nose to remain in one piece. I certainly would not be fobbed off and definitely wouldn't stay £230 out of pocket for very long.


Going on what I've said above, if you want help in recovering your money then PM me and we can talk.

SC

What are you in the Northern mafia snooze? Wasn't you putting up that neopolitan godfather in Preston was it? :cool:

rose_sparky

greeneye wrote: »

What are you in the Northern mafia snooze? Wasn't you putting up that neopolitan godfather in Preston was it? :cool:

:T :T :T

:rotfl: :rotfl: :rotfl: :rotfl:

Thanks for that, best laugh I've had all day!!

Snooze_Control

greeneye wrote: »

What are you in the Northern mafia snooze? Wasn't you putting up that neopolitan godfather in Preston was it? :cool:

:rolleyes: Of course not, but with the pathetic justice system we have in this country that 9 times out of 10 finds in favour of the criminal, you've got to take matters into your own hands if you ever want to see your money again.

It's the only option that slam2k has left if the court doesn't find in his favour (which I doubt it will considering the circumstances) so he either does that or waves goodbye to his money.

Maybe instead I should be soft like you lot and just go "I'm £230 out of pocket, oh well, !!!! happens " and move on, thus letting the fraudster know that he's gotten away with it and give him the green light to try the same trick on the next person. :rolleyes:

SC

skyrocket

slam - have a look on consumeractiongroup.com. they have a forum relating to stuff like this and can give you good advice re your court action against this goon.
good luck by the way! sock it to him!

greeneye

Who you calling soft snooze? I'm a card hunt me.

I can't see much profit for you providing debt collection services for slam2k on a £230 marker (that's mafia slang - see I watch the sopranos).
But perhaps once you have provided said service you intend to make slam an offer he can't refuse. Be careful slam :eek:

But seriously though I don't think anyone has actually established that the seller is actually a fraudster have they? And perhaps is only guilty of using recorded delivery when he should be using special and then expecting the buyer to shoulder the inadequacies of royal mail.
So taking a basball bat to his house might be a tad strong.

nemo183

Just to chuck a few ideas in.

If the seller is legit, then if he has proof of posting, it's your problem to deal with Royal Mail.

Proof of posting can be obtained by the seller at no cost by asking the post office to stamp a "proof of posting" slip.

If the seller has no proof of posting, then it's up to him to prove he sent it - which will be hard.

So, I'd personally aim for a small claims action.

You'll be wasting time carrying out any further communication with him.

If you can start a small claims action in a court close to you - and a long way from him - it will hardly be worth his time in travelling to defend your claim. In the absence of his defence, you will be awarded judgement. Assuming he is not a "man of straw", collecting your cash may take a while, but you will get it.

As a seller, I have experienced this kind of problem in around one in each hundred sales. I.E., the item is lost by Royal Mail. Now, I guess half of items that fail to arrive are in fact fraud by the buyer - the rest just vanish.

Any reputable seller will take a view on the cost of sending by recorded delivery. In my case, the extra cost isn't worth it. If an item fails to arrive, I just return the money. I never send another product because history shows the purchaser may well say the replacement hasn't arrived.

Hope this helps.

slam2k5

If the seller is legit, then if he has proof of posting, it's your problem to deal with Royal Mail.

How is that my problem? According to ebay rules its upto the seller to make sure I get my item so I shouldn't have to take anything up with the RM. What I could do I suppose is write a letter to RM with the tracking number asking for proof of delivery? I only got the tracking number, not the actualy receipt of postage which usually looks like a normal receipt.

But thanks very much again for all the replies.

Than