my stupidity - what to do

timg147

Hi All,
Looking for some advice on here really due to my stupidity. I bid on an item on Ebay and ended up being the underbidder. I later received a second chance offer from the seller but decided I didn't want to pay the amount I had bid so made the seller a lower offer. We agreed a price (couldn't use the second chance offer) and I paid by bank transfer (two mistakes there). I have over 600 positive feedbacks on ebay and have never had a problem. The item has never arrived and despite numerous messages via ebay I have not had a response.
I have contacted Ebay and they have advised me to contact the police as it is fraud. Im not sure how much assistance they will be.
I have just bought another item from the seller just to get his contact details. I now have a phone number.
I have contacted my bank but they cant do anything
I want to pursue a small claims / online money claim but need the sellers address.
I have given the seller until tomorrow (7th july) to respond before taking it further.
Any ideas where I can go from here?

sequence

You won't see your money again. Other than reporting to the police, there's not a lot you can do. Why did you pay by bank transfer? Even if you do get contact details - the chances are it won't be the guy who sold you the item, these scams are usually run on hacked accounts.

soolin

Also, if you declined the second chance offer and made your own private offer outside of eBay then eBay are not involved at all.

You have basically fallen for the common Gumtree scam, albeit originating on eBay this time, of willingly sending a complete stranger money.

As above, report it to the police, but I think that is as far as you are going to get with this.

usefulmale

Playing devils advocate here, can you prove it DIDN'T arrive. What would you do if the seller provides proof of posting? In that scenario, you can prove you paid, seller can prove they sent.

Flyonthewall

usefulmale wrote: »

Playing devils advocate here, can you prove it DIDN'T arrive. What would you do if the seller provides proof of posting? In that scenario, you can prove you paid, seller can prove they sent.

I might be wrong, but wouldn't it be up to the seller to prove the buyer had the item, not the buyer to prove they don't? I mean, how do you prove you have nothing? The seller can send items tracked to prove delivery and it's surely their responsibility to make sure the buyer gets the item.

soolin

usefulmale wrote: »

Playing devils advocate here, can you prove it DIDN'T arrive. What would you do if the seller provides proof of posting? In that scenario, you can prove you paid, seller can prove they sent.

Flyonthewall wrote: »

I might be wrong, but wouldn't it be up to the seller to prove the buyer had the item, not the buyer to prove they don't? I mean, how do you prove you have nothing? The seller can send items tracked to prove delivery and it's surely their responsibility to make sure the buyer gets the item.

It isn't just eBay that requires sellers to prove buyers have their goods, it is UK law- so proof of postage would not assist in a small claims court.

This isn't going to get that far though as without a geographic address the buyer is completely stuck.

usefulmale

Whats the item? How much are we talking about here?

usefulmale

soolin wrote: »

It isn't just eBay that requires sellers to prove buyers have their goods, it is UK law- so proof of postage would not assist in a small claims court.

This isn't going to get that far though as without a geographic address the buyer is completely stuck.

Unless I have missed something, this looks like a transaction between two private individuals. In other cases, the courts view proof of postage as proof of delivery, next working day after postage. The seller could even say that the buyer collected the item personally. Like everyone else, I can't really see any claim going anywhere.

soolin

usefulmale wrote: »

Unless I have missed something, this looks like a transaction between two private individuals. In other cases, the courts view proof of postage as proof of delivery, next working day after postage. The seller could even say that the buyer collected the item personally. Like everyone else, I can't really see any claim going anywhere.

I was not aware that the 'courts' had made any binding judgement about whether proving something was posted equals buyer having received the goods.

The only similar thing I am aware of is that speeding tickets etc issued by a government department are deemed to have been served 2 days after posting.

theonlywayisup

Have you paid for the second item? You need to pay, let it be delivered and then ask for a return, personally I would do this by opening a case for SNAD. You will then get their address. Yes it may cost you the returns postage, which must be tracked, but hopefully it will give you the address you need.

usefulmale

soolin wrote: »

I was not aware that the 'courts' had made any binding judgement about whether proving something was posted equals buyer having received the goods.

The only similar thing I am aware of is that speeding tickets etc issued by a government department are deemed to have been served 2 days after posting.

Well, if the OP really wants to go down the court route, they should really find out the situation beforehand.