What are my options?

scoobygilo

I purchased an ipod from Gumtree for the value of £40.
I sent a cheque for payment, but the seller has not sent me my purchase, and now I cant get hold of them.

I have their name and address of where I sent the cheque, plus emails agreeing to the sale and payment method, but what options do I have now to either get the item I paid for or have my money refunded?

Can I go through a small claims court or any other method?

unholyangel

Has the seller received the cheque? When did you post it? Perhaps they're on holiday or havent received it so have forgotten about the post? If its been a month+....possibly just been a scam/chancer.

Have you spoken to your bank to see if its been cashed?

scoobygilo

The last message I received back from the seller was that the cheque was received and banked. I found the seller on Facebook, and saw they were online. I sent them a message on facebook and they ignored that too

MamaMoo_2

scoobygilo wrote: »

The last message I received back from the seller was that the cheque was received and banked. I found the seller on Facebook, and saw they were online. I sent them a message on facebook and they ignored that too

Have you checked with your own bank to see whether the cheque has cleared?

scoobygilo

Yes, ive spoken to my bank too and they have confirmed the cheque has been banked and has cleared

soolin

Gumtree is really aimed at face to face cash sales and warn not to use unsafe payment methods.

If seller is playing difficult then all you can do is go to small claims, but that is going to cost you more money before you even start.

scoobygilo

I know there was a risk paying by cheque but it was a relatively small amount. I dont mind the cost, as its the principle, so I would like to go through the channels to stop people like this doing it again and again and thinking its ok.

MamaMoo_2

In this case, send a letter before action (google "letter before action template" for help) and then follow up with small claims court action I the seller doesn't play ball

wealdroam

Having sent the LBA, sit back and read MSE's Small Claims Court article while you wait for a response to the LBA.

Toffee21

Or just post his address up here and a local member can go round and deliver an unsolicited brick through his window free of charge? *Tongue firmly in cheek*

unholyangel

Have you asked your bank if they are able to stop the cheque etc?

You could also try their (sellers) local police station - it may be that its just a one off or it may be that they've done this to hundreds of people thinking if its small amounts, they'll get away with it as people are less likely to bother.

Do keep in mind how much money you've lost through this though.