Paypal witholding my money in 2 accounts

[cds]

I think that brings us full circle, thanks for the clarification not really that afait with ebay. but original advice still stands to op you've had the money send the goods.

 

cds;-)

[hightail]

It's my guess that you're going to have to refund anyway. The buyer can open a dispute claiming 'item not received' and as you have no proof you sent the item (by a means trackable online) he will win. If you subsequently send the laptop he will simply change the dispute to 'significantly not as described' and he will win because ebay/paypal favour buyers.

 

If I had bought something on ebay from a seller with an attitude like yours I would want my money back. To say you can't refund because you have spent the money without sending the goods doesn't do much to inspire confidence.

[pompeyfaith]

use another courier if the one you are using is failing to turn up they are plenty of couriers out there that will be pleased of the business

[thecookiemonster]

It's my guess that you're going to have to refund anyway. The buyer can open a dispute claiming 'item not received' and as you have no proof you sent the item (by a means trackable online) he will win. If you subsequently send the laptop he will simply change the dispute to 'significantly not as described' and he will win because ebay/paypal favour buyers.

 

If I had bought something on ebay from a seller with an attitude like yours I would want my money back. To say you can't refund because you have spent the money without sending the goods doesn't do much to inspire confidence.

 

Oh dear you need to read my original post properly.

 

Firstly the buyer never paid by paypal he paid the money into my bank account.

 

Secondly i paid for the collection & delivery of the item as i explained above, The courier company DHL were due to collect the item on a monday and they failed to turn up despite my waiting all day for them to turn up, I emailed them and they informed me that they might possibly come on the wednesday but they never did.

 

Today i got some messages from the buyer stating that they want a full refund by the end of today, He then said that he was passing this case onto the police and private debt collectors, basically saying he doesn't want the goods so i replied and informed him that i will wait until the police and/or private debt collectors contact me and then i will sort the matter out with them and he refused my request to send it first thing next week therefore that's why i then informed him that i would not be sending it.

 

Also that part you mentioned "If you subsequently send the laptop he will simply change the dispute to 'significantly not as described' and he will win because ebay/paypal favour buyers".

 

That above would be fraud!! But luckily he won't be able to do that as he did not pay via paypal.

[thecookiemonster]

use another courier if the one you are using is failing to turn up they are plenty of couriers out there that will be pleased of the business

 

As i said above i did offer to send the item first thing next week, This request was rejected and i was told to refund all the money by the end of today.

[hightail]

He can still open a dispute - as I didn't know how he'd paid I deliberately put ebay/paypal. He can open a dispute through either. Once a buyer is annoyed it's a no-win situation for a seller and if you wish to continue using ebay it's always best to refund.

 

To start suggesting that he will be committing fraud is pretty ripe. To date you have taken his money, sent him nothing in return and stated the following in your original post

 

I have today informed him that i will not be sending the item and will be waiting to hear from the private debt collector and/or police

[Elenathion]

Your contract with him is to send the item. He can't just change his mind and say he wants a refund before he has received it because he is contracted to buy it from you.

 

On the same note, you have to send it to him so just send it by courier. Forget about his attitude. If you refuse to send it, you are stealing the money he paid for it.

[thecookiemonster]

He can still open a dispute - as I didn't know how he'd paid I deliberately put ebay/paypal. He can open a dispute through either. Once a buyer is annoyed it's a no-win situation for a seller and if you wish to continue using ebay it's always best to refund.

 

To start suggesting that he will be committing fraud is pretty ripe. To date you have taken his money, sent him nothing in return and stated the following in your original post

 

As i said today the buyer has made several false accusations and very slanderous comments in a number of messages, Also as i mentioned above i offered to send the item on monday, This offer was refused and as i keep saying he demanded his money back by the end of today, He has contacted the police apparently and is passing the case onto a private debt collector.

[middenmess]

Quote '' i then informed him that i would not be sending it.''

 

Digging yourself into a deep hole,I think.

[Elenathion]

As i said today the buyer has made several false accusations and very slanderous comments in a number of messages, Also as i mentioned above i offered to send the item on monday, This offer was refused and as i keep saying he demanded his money back by the end of today, He has contacted the police apparently and is passing the case onto a private debt collector.

 

Stop making excuses. It is your responsibility to get the item to him. If the courier company didn't turn up, you ask them for a refund and arrange another company.

 

You certainly shouldn't have spent the money either until you knew he'd received the item.

 

So far, you have taken his money and refused to send the item. I'd be furious if I was him.

 

Take some responsibility for your own actions and fulfil your contract with him.

 

Oh and please tell us your ebay ID so we can all avoid buying from you in future.

[thecookiemonster]

Quote '' i then informed him that i would not be sending it.''

 

Digging yourself into a deep hole,I think.

 

If he doesn't want me to send it and is passing the matter onto a Private Debt Collector then I will offer the Debt Collector installments to pay him back, I am not refusing to pay him back but if he's saying he don't want the item then i'm not going to send it am i??!!

[middenmess]

Quote ''and is passing the case onto a private debt collector.''

 

I translate that as one of the 'boys' will will visiting you with a large piece of hickory normally used in the game of Baseball!

[Elenathion]

If he doesn't want me to send it and is passing the matter onto a Private Debt Collector then I will offer the Debt Collector installments to pay him back, I am not refusing to pay him back but if he's saying he don't want the item then i'm not going to send it am i??!!

 

Why should he have to wait for installments from you?

 

Just send the item.

[tspkm]

Quote ''and is passing the case onto a private debt collector.''

 

I translate that as one of the 'boys' will will visiting you with a large piece of hickory normally used in the game of Baseball!

 

Yes they will send round the heavies.

[hightail]

I am not refusing to pay him back

 

I would suggest you do so without delay. As you gave him your bank details you are traceable.

[Bookworm]

Your contract with him is to send the item. He can't just change his mind and say he wants a refund before he has received it because he is contracted to buy it from you.

He can, actually. DSR apply. He doesn't even have to give a reason.

 

What's more, if OP sends the goods, the buyer has the statutory right to send it back, again, doesn't have to give an explanation.

[thecookiemonster]

Quote ''and is passing the case onto a private debt collector.''

 

I translate that as one of the 'boys' will will visiting you with a large piece of hickory normally used in the game of Baseball!

 

He couldn't do that as he doesn't have my address and ebay cannot provide him with my address due to the Data Protection Act.

 

Also i have plenty of cameras up on my house so it wouldn't be a very clever idea.

[thecookiemonster]

He can, actually. DSR apply. He doesn't even have to give a reason.

 

What's more, if OP sends the goods, the buyer has the statutory right to send it back, again, doesn't have to give an explanation.

 

So what is the best thing to do, Send the item to him? Or wait for someone to contact me such as Ebay, the Police or a Debt Collector?

 

Also if i send it he could break it and then send it back.

[kiptower]

afraid to say your only option is to refund him now

[Bookworm]

The debt collector thing is a red herring. He can't just "send a debt collector round", unless as s/one mentioned, he actually means a heavy with a baseball bat.

 

What he can do, and if comes here asking for advice, I would tell him to do, is this: Give you a deadline to refund him in full, t the end of it, if you haven't complied, issue small claims summons against you. When you lose, (not if, WHEN), you will have to repay him in full + his court fees + interest on the money you kept from him at 8%. You will then have 28 days from judgment to pay up or the CCJ will stay registered against you for 6 years, making it very difficult for you to obtain credit, or rent a flat, etc... Furthermore, if you still don't pay up,he can the get a warrant of execution against you, and bailiffs can then come and take goods to the value of the debt. Oh yes, and you'll get charged for that too.

 

Think VERY carefully before carrying on with your course of action. Never mind that it is blatantly dishonest, you are laying yourself wide open to a world of trouble that will follow you for a very long time.

[Elenathion]

He can, actually. DSR apply. He doesn't even have to give a reason.

 

What's more, if OP sends the goods, the buyer has the statutory right to send it back, again, doesn't have to give an explanation.

 

For Ebay, the DSR only applies to buy it now auctions.

[middenmess]

He couldn't do that as he doesn't have my address and ebay cannot provide him with my address due to the Data Protection Act.

 

Also i have plenty of cameras up on my house so it wouldn't be a very clever idea.

 

Ebay will supply your buyer with your full address if he so asks by return of email---you signed up and agreed to that when you became an ebay member--data protection does not apply.

[hightail]

The only sensible thing to do is refund him. You WILL have to eventually. There's no way he will accept goods from you after all this trouble.

 

If you don't it's likely you will be barred from using ebay again and so will anybody else at the your address. He may well go to the police and you've made it easier for him to get them involved by using a direct bank transfer for payment. It's how fraudsters operate so the police are far more interested in that type of transaction. Add in the fact that it's a laptop - second only to mobile phones on the list of likely ebay fraud and it's a red flag.

[thecookiemonster]

I cannot refund him as i have already said above!

[thecookiemonster]

Bookworm, Can you clarify a few things for me please?

 

Firstly is this a civil or criminal matter?

 

Also what if i send the item to him monday and he breaks it or something and sends it back to me and then still tries to claim the money back from me?