Buyer claiming court action - pls help

bev77

Hi all,

I'm fairly new on this board. Sorry this will probably be long, but I really DO need some help/advice.

I sold a nintendo ds on ebay (which worked fine). The lady who bought mine also bought another one. About 2 weeks after the transaction she emailed me to say that mine didn't work so could she return it for a refund? I knew mine did work, but said ok anyway. I wish I'd have said no refunds, sold as seen now. I also think she has sent the other one back as I knew mine worked.

She said she sent it by recorded delivery. And has photocopied the delivery slip bit that you keep when sending stuff, and has sent it to me, I received that ok, but I have never received the ds back. When you check online with Royal Mail, and when I've rung them they say it has been collected from Loughton delivery office and signed for. Loughton is about 15 miles away from me, and I've not collected it. There is a delivery office in my town, and must be at least another 10 or so between here and Loughton. The signature is pretty illegible, but you can just make out the first name which is David, but cannot work out the surname.

I've rung Royal Mail numerous times, because I'm worried that someone else has been able to collect my mail showing proof of my address. They say that it is at the delivery offices' discretion, whether they ask for proof of address or not. Royal Mail also says that the buyer has to start a claim, as she is the one who has sent it and has the proof of posting (the recorded delivery slip), but for some reason she is unwilling to do this. I think I know why, as she paid £130 to me, and she'll only get £34 back from the post office. I posted it Special Delivery and I asked her to return it to me, but didn't specify how. I didn't think I'd need to, I would've thought that she would send it back the same as she received it.

She has emailed me saying that I should refund her, and I don't see why I should as I have not received anything. If I do, I'll be down £130 and my ds. She has said that she is going to consumer advice and going to see her nan who is the Lord Mayor.

I have been nothing but helpful, I have even downloaded the form that she is reluctant to fill in, and filled in the bits I can, and sent it off to her. I've told her on at least 6 occasions that SHE needs to instigate the claim with Royal Mail.

She has emailed me saying that she is taking me to the small claims court as she has proof that someone at my address has signed for it. This is obviously a blatant lie, as according to Royal Mail, it was collected from their delivery office, PLUS it's not my signature.

I switch on this morning to find another email saying "I am following the guidelines from the small claims court so this is your final chance to pay me the money you owe me before I take you to court. I have to give you a deadline so that is by Friday (25th) May. I have ebay's full support on this matter so really hope you just do the right thing and send me my money."

What do I do? I'm not really *that* worried as I know I've not received it, but other than the fact that it was collected and signed for by someone who is not me, what other proof do I have that I haven't got it?

I'm assuming the court will ask if she has gone through Royal Mail to find out if they can find the missing package, and obviously she hasn't, so I'm hoping it won't go any further than that.

But I am still worried. Any help/advice will be very much appreciated.
Bev

fwhorn

Hi,

The contract for delivery is with the sender and not with you. Email her back, stating that when you recieve the DS you will pay her and until then you will enter any further correspondence. If ebay was giving her their full backing then you would have recieved notification of a dispute from them seems like she is trying it on. Tell her you have no problems with the small claims court.

Good luck

scheming_gypsy

she'll have the full support from Ebay and the small claims court from the information supplied to them. IE that it was signed for at your address, whereas it wasn't so that support will slip.

she sent it out to you so it's her responsibility to ensure it arrives at your door. It's her property until you sign for it and take receipt of delivery.
Pretty sure she can't do anything to force you to give her the money back as it's an issue between her and the post office.


Have you got in contact with the other seller to see if she's tried the same trick on with them and also to see if they kept hold of the serial number from the one they sold her? (to make sure it is yours that she's returned if it ever arrives)

Snooze_Control

Tell her to go forth and multiply. She's trying to use scare tactics on you to cough up and you're doing the right thing by sticking to your guns. :T

Everything else that you've mentioned in your post is fine. If she chooses to ignore your (correct) advice and reckons that she can get her money back out of you through persuing different channels then let her get on with it. There's nothing else you can do until she proves receipt at your address, which is never going to happen.

I'd be tempted to hit the "ignore" button on my email account until something/anything drops through the letter box.

SC

Blacksheep1979

There is a chance that the small claims court will find against you as its not 'beyond reasonable doubt' but more likelyhood/probabilities. However they can be v strict on trying all other courses of action before taking matters to court - so if the buyer has failed to pursue the lost goods they may be in for a rather short hearing.

Myself I'd tell her that she will only be incurring extra costs by going through the small claims court and also as she doesn't have proof of delivery will lose. Good luck.

digerati

Bev,

From your account I'd say you have nothing to worry about in defending a potential Small Courts Claim (SCC).

Be thankful that you didn't get paid by PayPal as you would likely now be facing a reversal or chargeback.

You might want to contact other sellers that have had recent transactions with this buyer to swap notes. If you find other reports of problems you should get written statements (signed, dated and witnessed) proving a pattern of intent should the buyer actually lodge a SCC.

I suspect it's just the buyer letting off hot air.

bev77

Thanks for all the wonderful advice.

I might contact the other seller to see if they have had any probs with her, and also to see if she did keep a record of the serial number - y'know I just didn't think to do that. I have a funny feeling that I won't ever see it again though. Not if someone else has collected it and signed for it.

I thought I was right about the court thing, but y'know when you're just not sure, or you think you're being a bit 'cocky' or something?

Thanks again. Will let you know the next installment.
Bev
X

bev77

I've received a claim form in the post this morning!

She is claiming £135.50 plus court fee of £30.00 total=£165.50

Her particulars are:-

"I bought a Nintendo DS off Beverley Y**** and when I received it it was faulty so I with her instructions I sent it back recorded delivery and now she says she has not received it. I have both proof of postage and proof of delivery and as the post office confirms that proof of address is required to collect a parcel - someone from that address must have signed for the parcel. The Nintendo was bought for £120 with an additional cost of £10 for potage. The cost of returning the parcel was £5.50. I therefore require a payment of £135.50 from Beverley Y****"

There are a couple of innacuracies here already:-
1- I know it wasn't faulty,

2- I never specified how she sould send it back, only to return it to me. I sent it Special Delivery - she should have returned it the same way. You don't send something that is worth over £100 Recorded Delivery. I have proof that I never asked her to send it Recorded,

3- I also have spoken to the PO and they have told ME that you DO NOT neccessarily need to show proof of address when collecting an item, it is at the delivery offices' discretion whether they ask to see it or not.

Anyway, what do I do now? Obviously I have to fill in one of the forms, but which one? The defence or the acknowledgement of service? And what do I put? GGGRRRRR BL@@DY WOMAN!!!!

Bev

yeslek

defence

state everything you have to us, ie that it was fine when you sent it and everything you have done and maybe mention that you have advised her she needs to contact royal mail and that she refused.



also, have you been in touch with the other seller who brought off her?

pinkgem

if you didn't sign for it then she doesn't have any proof that you have received it back.

i have collected lots of items from my local sorting/delivery office and i have NEVER been asked for proof of address or id

royal mail obviously attempted to deliver the ds to the wrong address seeing as it was returned to a delivery office 15 miles away. so the wrong person would have got the attempted delivery card and collected it from the sorting office.

sorry i can't advise on what form to fill in as i have no experience of any court cases.

all i can advise though is to keep your special delivery proof of delivery safe, also print out copies of all emails you sent and received and keep hold of the recorded slip with the tracking no on as proof it was at the wrong delivery office.

the stupid woman is at fault for sending by recorded delivery not special, as i am sure she would have been able to claim off royal mail for full amount since it was delivered to/collected by the wrong person.

it is also strange that she purchased 2. but if the first one was faulty i don't know why she didn't return it to the other seller. or maybe she asked both of you sellers if she could return and only you said yes so she sent you the faulty one back.

Princessa_2

:j Hiya Bev!

Do you know who signed for it, or will they not give out that information to you? Had she definately put the right address on the parcel?