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I sell car parts for a living and was asked for a fuel tank and radiator
I received £50 for the items including postage
They buyer said the tank leaked and they weren't happy with the radiator
They opened a case with Paypal and agreed to return the items for a refund
The case closed without receiving the parts
The buyer said they had trouble finding a carrier and would send them next week. I said please don't as the case is closed
Then i get this:
Hi,
Yes, the case is closed because we came to an agreement. That I would send back the parts and you would refund the money. Any negation of this agreement concedes you breaking a contractual agreement. There was no time scale set for the return of the product hence - I am still within my contractual obligations.
Selling faulty parts as being in working order is fraudulent. Henceforth; PayPal isn't the highest authority I can take this to. So, you decide - do you want to sort this out amicably where I fairly receive my money back for something you shouldn't have sold in the first place -or do you want to take this to a higher authority in which the outcome is the same for me, but more damming and financially damaging for yourself?
And trust me, I really am not in the mood for dealing with this right now, so if we need to take the legal route, it will be to the full extent of the law. That includes compensation for inconvenience and court costs being recovered with a possible sprinkling of fraud by misrepresentation and negligent behaviour in a 'duty of care' relationship.
Maybe check someone doesn't work in the legal sector before you try to rip them off.
Best Regards'
What would you think if you received that?
What would you do?
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avengertec
Part of things
Posts: 543
Member is Online
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He sounds nice
How can you be expected to refund him if you haven't received the goods back
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g40jon
Posted a lot
Posts: 2,569
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I think the point the buyer is making is that that the reason the case has closed (presumeably without them getting their money back yet) is that you agreed to refund upon return of your item. It seems to me to be a bit of crossed wires. You saying not to bother sending the item back does make it look like you are trying to be crafty and avoid giving the buyer their refund now that the case is closed.
The buyer is being a bit angry, but I can kind of see why.
Solution is simple, let them return the item, give them their refund once you get the part back.
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Just say you will refund when the goods are returned and then it's up to them.
Distance selling rules ? 14 days to return faulty items etc.
PS The buyer sounds like a right Richard........Works in the legal sector ? as what ? Cold caller for Lawyers4u ?
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It occurs to me that this person may consider their return costs refundable seeing as one of the items is (quite possibly) faulty Given their attitude and sense of righteousness i have decided to refund them (hopefully) before they have sent it Hopefully this is the end of it and i do something else instead Thanks for the comments  |
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Best way.Don't waste anymore time on it.
If the goods don't turn up I'd just return the compliment with an equally self important email.
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compass
Posted a lot
www.compasstrading.co.uk
Posts: 1,644
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Typical of PayPal and typical of the people who generally try to scam on eBay. I've had soooooo much experience with both. Unfortunately, you will never win as a trader with PayPal, and you will always be out of pocket. Regarding his idle threats, he clearly doesn't working in the legal profession, otherwise he would've known what he was saying was incorrect! Why is it when people are kicking off about something, they always profess to working in the legal industry to try to back up their crazy claims?
Anyway, looks like its over now anyway......
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Depends if the parts were in good condition or not? You don't say.
If they were fine and as described then i would tell them to go away.
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The radiator worked fine but was visually not very pretty. Surface rust on the shell. They said it was worse than the one they had which was blocked. I don't consider that faulty just not what they were expecting
The tank could well be faulty. It was absolutely full of fuel when i removed so had no leaks but after fitting they said it was dripping out of the bottom. I asked them to look as to where it was coming from and send pics. They sent a pic of a wet bottom but i couldn't see where it started. It seemed it could be coming from an attached pipe
However, i said that if they can get some pics of where the leak is coming from (and i can see it is the tank at fault) i would refund them without having to send it back
I then heard nothing for a week or so and a Paypal case was opened. Their opening statement said i had promised a refund and had been unresponsive. So lied about my behaviour. After this i agreed to a refund if they return the parts
Three weeks pass and the day the case was closing they write saying they had had trouble finding a courier who would accept car parts and they have been on holiday, but they wold be sending them next week
Later that day the case closed and the funds were released into my account
I wrote to them advising them not to send the parts as the case is closed. I didn't really want to send that message as it meant more contact but i didn't want the parts arriving qwith an expectation of a refund
Anyway i get that email in reply
Since refunding their payment we had had a 13 email dingdong over accusations and counter accusations which fortunately seem to have ending with a sort of mutual 'Please stop emailing me'
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So he works in the legal sector and is making a fuss about 50 quid? Really though......
If he doesnt return the parts, you don't refund him the money. simple as that. If he wants to take it further I cant imagine him getting very far.
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Yeh well it's done now. I can live without people like that Afterall, on balance, the tank could very well have been faulty and the radiator was just a little bonus (probably less than a tenner) so i'll move on |
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awoo
Posted a lot
Posts: 1,505
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pseudo legal speak. hear it all the time in my job.
speaking in that sort of tone doesn't make it any more official. just makes them look like a burk to those who know better.
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Paypal are next to useless if you're the seller/vendor/trader using it. You're initial stance of waiting for the parts to be received back before refunding was what you should have stuck to, paypal have time scale on the return of goods for a refund after resolution centre intervention, it's 30 days usually.
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Yeh the PayPal time had run out and they would not refund the buyer. But the buyer was threatening legal action beyond PayPal. It wasn't worth the hassle dealing with them anymore
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I had similar with a old Triumph m/bike frame . I clearly stated it was for pickup only and lo and behold someone in Glasgow bought it and I'm in Oxford . Then they ignored my messages and paid me with paypal , which i did not want , and over the asking price by £20 .
The buyer then told me i could use the money to package it up and send it to them ! I messaged back saying i was not happy to do that and had not stated i would ever do that clearly in the listing . I got nothing back after 3 days so i went through the proper channels and refunded him in full , as ebay rules say you are right to cancel if either party changes agreed shipping method .
This was the start of 2 months of abuse everyday one ebay , threatening me with everything under the sun . Legal action , sueing etc he even threatened to call the police after i relisted it saying that he had won the auction and that the property was legally his and that meant i was selling stolen property !
Eventually got him blocked . Some sort of crackpot who was buying hundreds of old bike parts a week . Looked him up on facebook and he seemed to be a creepy 50 something with no family but spent a lot of time in Thailand ...
Absolute nut job and really not needed .
I would not be surprised if it was the same bloke.
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Their only legal recourse would be through small claims, for them to do anything about fraud they would have to report to police and prove the items were faulty when received, impossibly to do with those items.
This is why I only sell as untested and for spares or repairs unless I know the part is 100% working.
I had the same with a boat throttle controlled where I listed as 'Working when removed a few years ago, selling as only fit for spares or repairs as unable to test' even though I knew it worked.
A few weeks later he opened a case as a linkage was stiff and sticky, I pointed him to the wording in the advert and then heard no more.
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I once sold a hard drive to someone on ebay, he threatened legal action against me because i sent it recorded instead of special delivery and demanded the £3 postage difference refunded. he also threatened legal action because i had not wiped the drive and it contained some games and was accusing me of piracy. he worked in the legal field he said and could ruin my life etc etc...
After a week or so of this tw@t on my case I was fantasising about killing him, so for my own mental well being i refunded him the £3.
Just thought i'd share as sooner or later if you are selling you will come across one of these a$$holes.
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taurus
Posted a lot
Posts: 1,084
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Dec 11, 2017 16:15:40 GMT
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You'd have thought someone who worked in the legal profession would either learn how to spell correctly or proof read what they're sending.
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Dec 24, 2017 16:40:29 GMT
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Winchwoman has a legal qualification, she hears no end of gobshites spouting utter rubbish, but they sound so convincing people believe them!.
I find people often don't read adverts, well they do but it often says something totally different when they read it.
I had issues with a 3ft alien model when a fool in Florida complained to Ebay as I wouldn't post it!
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It will come in handy even if you never use it
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Dec 29, 2017 13:58:29 GMT
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'Maybe check someone doesn't work in the legal sector before you try to rip them off'
Dear Sir/Madam, ( maybe that should be 'to whom it may concern?')
I have sold you these items with the intention of ripping you off. Please would you confirm in writing that you are not part of any legal organisation, in order that I may achieve this without suffering any form of recourse from you.
Thanks and regards.
Bodgit and scarper LTD.
I'm a bit slow sometimes, but this came to me this morning whilst cutting logs with a chainsaw, which funnily enough, is currently part of an 'Item not as described' case on ebay.
Might be my warped sense of humour, if so I apologise in advance,
Happy New Year, and as Norman Stanley Fletcher would say, 'Don't let the Ba$%&rds grind you down'
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