Paid by cheque no goods rec, help

niamhtra66

In September i bought a laura ashley mirror from Paul Haynes from pgfurniture for £85 + £14.99 p&p , i sent a cheque for £99.99 which was cashed 2 weeks later, after no responce to my emails i opened a dispute. The sellers reply was "no payment no goods". I contacted my bank who advised the only way to find out who cashed the cheque was to order a copy of it which cost me £5, the cheque has a sort code and account number on the back, i contacted Paul Haynes and told him i had the details and to recheck his account, no reply, he hasn't replied to the ebay dispute either and after 90 days the dispute was closed!
I have noticed on his feedback he has done the same thing with at least 3 other people who paid by cheque.
Does anyone have any advise as to what to do now. I.e is it worth contacting the police (would they do anything?) or go throught the small claims. Any advise would be appreciated. Thanks.Tracy

ormus

do you have his address details?
if so, then start a small claims court action.

frivolous_fay

He says he hasn't banked it.
Someone has banked it.
Must be stolen, right?
Speak to your bank.

niamhtra66

Thanks, i have his works address which is the address the cheque went to and he has it as his contact details on ebay, its and electrical shop and i think he owns it or is manager, if i win would it mean i would 100% get my money back? Thanks

soolin

niamhtra66 wrote: »

Thanks, i have his works address which is the address the cheque went to and he has it as his contact details on ebay, its and electrical shop and i think he owns it or is manager, if i win would it mean i would 100% get my money back? Thanks

There is no guarantee that you will get your money back unless the cheque was accepted into an account that was not the payee. If the payee and the receiving account were the same then the bank will not be interested.

If the cheque was paid correctly then your only recourse will be via the legal system and police and that may start to incur costs..