Help I'be been robbed!!!

clarkeyi

Can someone help I have an issue where I sold an item, but the person who bought it complained it never worked after a few weeks. Like a fool I refunded them before they sent the item. Now they have my money and I have no item. (£200+ GPS device). I put a complaint in at Paypal but the user closed their Paypal account and now their ebay account. They said that they sent the item 1st class so there is no proof of them sending it back to me. Does any one know what steps I should take. I have their addess and phone number but they are a waste of time talking to as they say they have sent it. Cheers

Browntoa

small claims court looks like your only option, buyer should have proof of posting or was negligent for not sending recorded or special delivery...you have proof of refund

clarkeyi

So I guess conatct the police and start a claim?
Cheers

veronarona

There are a lot of experienced eBayers on this forum (eBay's own Community):

http://forums.ebay.co.uk/forum.jspa?forumID=7

veronarona

criminal_smile

Police won't want to know. They'll just advise you it's a civil matter, to be taken to small claims.

Hintza

Small claims court?


I don't think so...he will say it was posted....etc.

Think you have really shot yourself in the foot here, I can't think of a way out....unless you got any big mates??!!

clarkeyi

But If I take the time out to file a case and willing to take someone to court they must think I am legit. But a trip to the house might make me feel better!! Probably find it in their car

ashcarrot

Write a sensible (ie not threatening letter) explaining that you did not receive the item, mention that your sure that this is a misunderstanding (they've been busy looked over the issue) or ask them to follow up with Royal Mail. (ie you want to make sure your giving them a easy way out of the issue without them looking like the bad guys) they're more likely to pay/return the item that way.

Now mention but not in a threatening manner that if you dont receive the item within 14-28 (something reasonable) days you will have to take steps to retrieve the funds via court.

Send keeping a copy (basically your trying to give them a way out and not show any agressive emotions think electric bill/other bill)

Jonni2bad

I can't see how a claim through court would make any difference. You would simply be wasting your money (unless of course the buyer believes it would make a difference and then sends you the item, but after what you have already told us I think it's unlikely).

If, however, you told the buyer that you would refund on the understanding that the goods were returned by fully insured delivery, then you would have good reason to make a claim.

If you went to court without that, all they need to do is say they sent it back - there is no need for them to prove it.

I'm not saying what they have done is ok, but you left yourself wide open to being ripped off and if the buyer has since closed their accounts I think it tells you clearly that you will not get your money back.

Big blokes with low morals would be my next move...

Paul_Varjak

Put his name into google and see if anyone has complained about him!

Also check to see if he is bankrupt:

www.insolvency.gov.uk/eiir/IIRNameSearchMapIE.asp

burbs_2

small claims court is a no go really, he says he has sent it back, its up to you to prove he hasnt and you cant do that. you refunded him so he will just say who will refund me before receiving the item back? it will make you look like the person trying to rip him off.

as you said you have his number and address, no doubt you have some mates, i have been in the same situation before (someone took over £300 via paypal, shut their account and never sent a thing) I told him i would be sending some of my doormen too see him and within days the money was refunded. I would not let this go but dont forget he has your address too, so be careful.