eBay sale gone badly wrong!

[mormess]

Hi all

Ok, here is my saga. At the end of May I sold some gear from our studio on eBay. An annoying person was asking stupid questions about it from the start but he ended up sniping the others and got £675 worth of gear. Because it was so heavy we arranged to have him pick it up. Then his PayPal payment bounced and the money came back out of my bank. PayPal won't protect me because there's no delivery tracking number, even though I have proof via emails that he collected it, and a witness.

Eventually, after pitiful excuses I got a debt collection agency who I know to handle it. I've had to chase them every step and still he makes excuses - I will pay, I won't pay, I was never not going to pay, ok, do the legal action. Because of the uselessness of the agency I don't think I can trust them to do the small claims process. Even if I did there's no guarantee.

I guess here's my question - can I publish his name and details and say that he owes me money? I guess he's using my gear to run a DJ business. I wanted to save bad eBay feedback until this was resolved.

This has caused me untold stress from the beginning and I want it to end! I've no money myself and so I don't want to spend more on a process that might not get my money back.

Help!

[Mosaic]

What a rotten experience. It's easy to say afterwards that if collecting, buyer should pay cash or only collect after Paypal has cleared.
But surley this is theft? They say they have the goods and they say they have not paid for them. Why not ask the police what's to be done?

[mormess]

Thanks Mosaic. Yes, easy in hindsight but the fact is PayPal did clear at first. A month later it bounced. I might try police but not sure who and where to call.

[ChillDoubt]

I'd speak to the Police as this sounds like a case of obtaining property by deception, frankly.

[rockyracoon]

Could you not book him for a job then take all your gear back when he turns up.

[weecalf]

Payapal cleared it you say .So he must have went back to paypal to ask for his money back So ask paypal to sort it out .Might work

[mormess]

Ok, I went through the Action Fraud website and this is what I got:

"From the answers you have provided we believe that this is a matter between yourself and your customer. We suggest that you try to resolve the issue with your customer if possible, or if this is not possible, contact Business Link. Business Link are a Government funded service that provide information and advice to businesses."

Argh!

[mormess]

Weecalf - as I said, PayPal won't protect me as there's no delivery tracking number.

[percypineapple]

So, you are saying that paypal can reverse a payment a month later? This rfeally does need highlighting to the press, so others can see the danger of accepting paypal. they don't pay their taxes anyway.

[ChillDoubt]

This is simple. As you have a witness and emails to show that some form of transaction(not yet complete) has taken place between the two of you inform him that unless you recieve full payment for the goods by a date stipulated by you(or return of the goods) that you will have no other option than to make a statement of complaint to the Police.

[boxtops]

Oh dear. This is one reason why I won't ever allow anyone to collect unless either they pay in cash, or they have to wait for their payment to clear through my account before they can come and get it.

Why don't you put in a small claims action yourself (and get rid of the debt collection agency)? Have you got your solicitor involved yet? A stiff letter from a solicitor advising that unless he pays up, you're taking him to court, might stir him into action.

[boxtops]

Percy, yes they can - this happened to me a while ago, but thankfully for a small amount - because the buyer had changed their bank details but not told PayPal. The buyer paid by cheque in the end.

[mormess]

The payment bounced out of his bank account that was linked to his Paypal account. They state their rules about the tracking number so they can tell me that it was my risk. Yes, I should have taken cash.

I looked on the Police website and went through their Action Fraud site and got that answer.

The debt agency said as much - that if he didn't pay we'd start legal action. He said go ahead.

I don't know whether to just write to him and say keep the gear and have it weigh on your conscience. If I start a small claim then there is still no guarantee of getting the money back. I have to pay up front and then also pay bailiffs.

My original question was - can I plaster his name everywhere and say that he owes me money?

[ChillDoubt]

Don't bother with the Police website, go straight to a station and ask to speak to an officer!

[percypineapple]

Hi boxtops,
Yes, its a strange old lot, this ebay paypal thing. i had two ebay shops on the go, feedback of 3,500, never had a major problem with paypal, but a bit worrying because one customer paid over £1500 for some optic fibre cable, I sent it to him as soon as paypal said it was o.k. hate to think what I would have done if they had reversed it a month later, the cable would have been in a duct under the ground by then. I will stick to bank transfers in future for larger amounts.

[Maydup]

As much as you want to, I wouldn't advise you to plaster his name everywhere. It''ll be an offence of one kind or another.

Instead go to your local Citizen's Advice Bureau tomorrow and ask for thier advice. They will guide you through the most effective proceedure. In the meantime, send him a letter which acts as a final warning.

Be firm but polite and state that the letter is your final request in writing for payment of £675 overdue for sound equipment purchased from you on ebay. If this payment is not received within 7 days you will put the matter in the hands of your solicitor. Make sure you sign and date the letter.

Send it registered/recorded delivery, sorry never remember the difference but you need it to be signed for. Keep a copy of the letter for yourself and take it with you to the CAB tomorrow.

[mormess]

Maidup - thanks for the good advice. I must resist temptation.

[boxtops]

I agree with maidup - send it next day delivery, that way it's tracked all the way through to delivery.

[bednobs]

take them to small claims court yourself - it's very cheap
https://www.moneyclaim.gov.uk/web/mcol/welcome
of course, they still might not pay, but at least you'll have the satisfaction of know you ruined their credit and they'll have a ccj

[magsmay]

mormess -he seems to think he is above the law so treat him like that. Find out his business and get a mate to book a disco - then get your stuff back -if he kicks up a fuss tell him to call the Police -i bet he won't -he will retreat with his tail between his legs -sorted!

[mormess]

My concern about the registered letter is that he's already had this from the debt agency - well, emails anyway, and has responded. I don't think another letter from me will do any good.

Well, I'm actually away at the moment out of the country and was hoping not to bring this with me. I'll look into the small claims process and see if I can do it.

Many thanks for all your help!