Goods sold no contact from buyer 6+mths

Olliver

Hi there I sold goods on ebay to someone and gave them contact details to pick up etc the day after the auction finished.

Nothing happened until half a year later they called out of the blue. I don't have the items and they want a refund and are threatening to use the small claims court. It it actually now nearly a year since the item was old originally.

Anyone help me where I stand?

jacques_chirac

The buyer does not have the goods, yet you still have his money. Is that correct? If so, pay up!

iammumtoone

It is a bit of an unusual situation but can't you just give them their money back?

tinkerbell28

It s unusual, maybe they had an accident. Technically you owe them the item or a refund, it's a debt now, so I believe they have 6 years.

You can't even counter claim for storage as I'm presuming, you sold it again and pocketed twice the money?

Could all be wrong, but that's what I think...

hollydays

How much money? Of course he wants his money back-did you not try to ring him?
Er... How come its a year rather than six months

MamaMoo_2

Did you attempt to contact them at any point between the auction ending and now?

tinkerbell28

The way I read it is....6 months pass....by this time op thinks he's sold it twice over so pocketed the money.

Buyer gets in contact wanting the item, or money back, op fobs him off as he doesn't have the item to give, or I suspect the cash.

This goes on for a few months until buyer gets fed up, takes advice and decides small claim is the only option. Op comes here.

hollydays

Also, did you actually make an appointment for him to collect it, or just waited for him to turn up?

pinkshoes

If you no longer have the item, you need to refund, as I am quite sure you would lose should this go to court.

Olliver

If only it were as easy as it sounds. No I did not sell the item on either. I have had stuff in the past where it has been months going by and again someones wife had died in one case so no that is not the case here.
Basically the item was picked up, the buyers says it was not him but so much time has gone by we cannot recollect who what where when if you see what I mean in terms of when it went.

Olliver

One other reply says did I contact him in the meantime...no because I think the item had been picked up so had no reason to. As far as I was aware it was done and dusted.