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Wigglyamps
11th Aug 2006, 09:56
This is sort of internet related, I just wondered if anyone had experienced goods not turning up and what can be done about it. I did all the right things like checking his profile and it was genuine feedback etc. I have now been contacted by two other people in a similar situation. I have registered a dispute with e-bay and sent countless e-mails to the perpertrator (vortex07), I am now considering action through the small claims court citing breach of contract, if anyone has any advice it will be greatly appreciated. The goods in question are not high value but there is a principle here.

jetcollie
11th Aug 2006, 10:46
Have you tried 'request contact information' through the help page and actually telephoned the seller to see if there is a problem? Did you pay by Paypal? - if so you can register a complaint with them and get a chargeback.

frostbite
11th Aug 2006, 11:47
If the seller has emptied his Paypal account, all you will get is an email 'we've found in your favour, but there's no money available' type message.

In which case, implement chargeback through your cc co., although you will have to wait 28 days for them to do this.

Wigglyamps
11th Aug 2006, 12:48
Thanks for the replies, unfortunately I paid with a personal cheque so I can't do anything through paypal, I will however request his phone number, thanks for the tip I didn't know you could do that.

Stoney X
11th Aug 2006, 13:47
So you have paid for goods that haven't been deliver? That sounds like fraud to me. Why not take the matter straight to the police? Fraud is a crime, is it not?

Saab Dastard
11th Aug 2006, 19:19
action through the small claims court

All you will get is the loss of thirty more quid. Judgement in your favour is one thing, enforcing it is quite another. Unless you can definitely identify the individual and his address, and can also ensure that he has the means to pay your claim (plus costs) there's no point whatever in going to the County Court.

SD

Memetic
12th Aug 2006, 11:36
I had a remarkably quick resolution to a similar ebay issue when after a lot of email and calls to the other party I called the company that he worked for, who's contact details had been used for either ebay or paypal (I can't remember which) and asked the personnel department if they could confirm he worked there.

I explained I needed to know as I expected in the near future to be forced to serve an injunction to stop the running of the ebay business connected to thier business premises.

They took a few details... that evening he got in touch and resolved the problem.

May be worth pulling all the data you can and seeing if there is a work angle you can leverage.

Brute force? Yes, but I don't like scammers.

Keef
12th Aug 2006, 15:49
Has the cheque been presented, and has the "clearance time" he noted on the sale details passed? Assuming YES...

He's still posting/selling on Ebay, so I'd be inclined to make a formal complaint to Ebay that goods have not been delivered and there's been no response to your chasing him.

They may "freeze" his account or take other action.

At the same time, I'd alert Ebay and him that in X hours you will be making a formal fraud complaint to the police. I assume you have his address, since you sent the cheque there?

IO540
13th Aug 2006, 10:01
I use Ebay a lot but must admit I would not buy anything from Ebay that costs more than say £100 unless it was an obvious commercial trader with a 4-digit fedback record.

Too many scammers.

Coconutty
14th Aug 2006, 08:58
Just out of interest - What was the item you bought and when did you send the cheque ? Seller won't send until cheque has cleared - Has it cleared ?

You say the goods are not exactly of "High value" - seller hasn't sold anything for less than 50 quid in the past month or so as far as I can see.

2 out of 3 of the sellers current items for sale are to be sent via Parcelforce48. Consider that the seller MIGHT be genuine and the courier has lost the parcel - especially if Parcel-Farce were used :rolleyes:
If it WAS sent via them there will be a record.
You have the sellers name and address from sending a cheque so ask them ( or other courier if you know who was used ) to investigate.

The seller already has 2 Negative feedback reports against them, so one more and they will risk being suspended from trading - I would file a report to E-Bay ( Go through the Help menu's following various links for reporting Fraud / Paid for Item and not received it - then select the "Contact us" option - DO NOT fill out any of the standard forms as it will only generate a standard reply and no action will be taken ).

E-Bay should then contact the seller and warn them / investigate which may prompt a response.

As for getting your cash back you could also consider a fraud complaint to your Bank - if the cheque has been cashed it has been paid into an account in that name so can be traced.

GOOD LUCK !

http://i34.photobucket.com/albums/d129/coconut11/Coconutty.jpg

ormus55
14th Aug 2006, 10:13
dont bother with it, waste of time. believe me ive been there and got the t shirt.
low value items is just not worth persuing. police are not interested. court action is just more money down the drain.

Edited to remove encitement to violence! - Mod.

wont get you money back but very satisfying.



ps. paypal is a waste of time for low value items cause there is a 15 quid admin charge!
high value items are better if paid via CC. always pay by CC if possible.

Saab Dastard
14th Aug 2006, 12:18
ps. paypal is a waste of time for low value items cause there is a 15 quid admin charge!


NOT SO - you are thinking of ebay's policy. PayPal can refund the ENTIRE payment, with no deductions.

SD

Wigglyamps
4th Sep 2006, 14:44
Quick update, I received a call from the Police last weekend asking me (and at least three others) to make a statement and e-bay have taken him off their list of e-bayers. Hopefully they'll bring back hanging by the time he goes to court!:ok:

bacardi walla
4th Sep 2006, 15:46
email the seller.
Advise in same email that unless they contact you in 24hrs time, a knock on his/her door will follow closely by someone entering whether invited or not to gather purchased goods followed by a "goodbye".

I've used this approach and it worked for me !!

frostbite
4th Sep 2006, 16:54
Not now the police are involved, you don't!

Wigglyamps
17th Nov 2006, 16:19
Quick update, they have arrested the person involved, he has to make a plea next month and will go to court some time in January, I may even be called as a witness, hoorah, good to see they do take this seriously.:D

Wigglyamps
1st Feb 2007, 11:36
Had a nice letter from the courts informing me our friend will be residing in one of Her Majesty's overcrowded prisons for the next 9 months. :D

Saab Dastard
1st Feb 2007, 15:16
Ah, but did you get any of your money back?

Instead of (or in addition to) a custodial sentence, the victims should all be invited to kick the 3astard in the 3ollocks.

One kick per tenner defrauded!

SD

ps - that's the liberal in me talking :}

Wing Commander Fowler
4th Feb 2007, 15:55
kick the 3astard in the 3ollocks

.......more incitement to violence hehe! Bring it on I say! Well done on a good result! :ok: