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Paypal witholding my money in 2 accounts


thecookiemonster
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Cookie--contact the buyer and explain your situation.

 

Go to cash converters or similar tomorrow morning,flog the laptop and send the money to your original buyer.

 

..................................Cash 'Hardly Any Cash' Converters..........................................

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For Ebay, the DSR only applies to buy it now auctions.
That's incorrect. I know the OFT guidance has muddied things up, but if you read the DSR, it si very clar that it isn't the case at all and that e-bay purchases are in fact subject to DSR, whether BIN or not.

 

Cookiemonster, it is a civil matter if he takes you to small claims. If he makes a complaint against you to the police and they charge you, then it is criminal.

 

If you send the goods now and he returns them, broken or not, you'll only have yourself to blame, I'm sorry to say, and from a legal point of view, he doesn't even have to damage the goods, he can just send them back as previously explained and all that will have happened is you will have had courier costs on top. You created a situation from which you are now finding impossible to extract yourself, but regardless of your buyer's attitude, you caused all this aggro to yourself.

 

I know you said you can't, but you are going to find the money somewhere and repay him and fast, it is the ONLY solution now that won't leave you open to a lot of trouble. I assure you that determined e-bayers who want to find out where the seller lives can find out.

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Sorry but i can lower myself to take it to Cash Converters, I haven't been in there for years but they pay peanuts for everything, I would be very lucky to get £50 for it and it's still in as new condition and cost me over £500 a few months back.

 

That isn't going to help is it????

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That's incorrect. I know the OFT guidance has muddied things up, but if you read the DSR, it si very clar that it isn't the case at all and that e-bay purchases are in fact subject to DSR, whether BIN or not.

 

Cookiemonster, it is a civil matter if he takes you to small claims. If he makes a complaint against you to the police and they charge you, then it is criminal.

 

If you send the goods now and he returns them, broken or not, you'll only have yourself to blame, I'm sorry to say, and from a legal point of view, he doesn't even have to damage the goods, he can just send them back as previously explained and all that will have happened is you will have had courier costs on top. You created a situation from which you are now finding impossible to extract yourself, but regardless of your buyer's attitude, you caused all this aggro to yourself.

 

I know you said you can't, but you are going to find the money somewhere and repay him and fast, it is the ONLY solution now that won't leave you open to a lot of trouble. I assure you that determined e-bayers who want to find out where the seller lives can find out.

 

Hang on a minute Bookworm, Today i offered to send the item on Monday but then i started receiving emails threatening me and demanding a full refund by the end of the day, Then he said he had already contacted the police and would be passing the matter onto a private debt collector.

 

I was more than happy to send the item, I have bank statements, emails and other proof that I booked a courier to collect this item and they failed to turn up twice!!!

 

Then today i offered to send it on monday because i am a genuine honest person and i started receiving all these unpleasant messages from the buyer.

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Cookie--I don't think that you appreciate how much s*** you are in.

 

you've sold a laptop and spent the money and have refused to send the laptop to the buyer.

 

If you don't deal with this immediately it will get worse.

 

Contact the buyer and explain your situation and come to some sensible resolve if you can but bare in mind that you, and only you, are in the wrong here.

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That's incorrect. I know the OFT guidance has muddied things up, but if you read the DSR, it si very clar that it isn't the case at all and that e-bay purchases are in fact subject to DSR, whether BIN or not.

 

From Ebay:

Check the seller’s return policy

 

Before you start a return in our Resolution Centre we recommend that you check the seller’s return policy. You can review the seller’s return policy on the view item page.

According to Distance Selling Regulations consumers who purchase items from a business seller over the internet, where there is no face-to-face contact between the seller and the buyer before the contract is made, generally have the right to return the item within 7 working days after the date of receipt.

Some items are excluded from the right of withdrawal. Business sellers are obligated to inform consumers about their right of withdrawal before the purchase. Private sellers may voluntarily offer returns.

The Distance Selling Regulations usually cover sales made over the internet, including:

  • Buy It Now listings on eBay.co.uk
     
  • Second Chance Offers on eBay.co.uk
     

The UK Distance Selling Regulations do not apply to eBay auction format listings on eBay.co.uk. [/url]Learn more about the distance selling regulations .

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I'm in the wrong even though i said to the buyer i will send it monday?

 

Why does that make me in the wrong if he suddenly turns round and asks for a full refund? I think the buyer created all these problems as i was ready to book a courier to collect it on monday until i started getting threats and numerous slanderous and abusive messages.

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From Ebay:

Check the seller’s return policy

 

Before you start a return in our Resolution Centre we recommend that you check the seller’s return policy. You can review the seller’s return policy on the view item page.

According to Distance Selling Regulations consumers who purchase items from a business seller over the internet, where there is no face-to-face contact between the seller and the buyer before the contract is made, generally have the right to return the item within 7 working days after the date of receipt.

Some items are excluded from the right of withdrawal. Business sellers are obligated to inform consumers about their right of withdrawal before the purchase. Private sellers may voluntarily offer returns.

The Distance Selling Regulations usually cover sales made over the internet, including:

  • Buy It Now listings on eBay.co.uk
  • Second Chance Offers on eBay.co.uk

The UK Distance Selling Regulations do not apply to eBay auction format listings on eBay.co.uk. Learn more about the distance selling regulations .

 

It said no returns in my listing and it was a buy it now so the UK Distance Selling Regulations do not apply anyway so surely if i send it monday he cannot return it?

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Hang on a minute Bookworm, Today i offered to send the item on Monday but then i started receiving emails threatening me and demanding a full refund by the end of the day, Then he said he had already contacted the police and would be passing the matter onto a private debt collector.

 

I was more than happy to send the item, I have bank statements, emails and other proof that I booked a courier to collect this item and they failed to turn up twice!!!

 

Then today i offered to send it on monday because i am a genuine honest person and i started receiving all these unpleasant messages from the buyer.

Well, try to put yourself in HIS shoes! He sent you £500 in good faith, he hasn't got the goods he paid for and now you're also refusing to give him his money back? How would YOU feel if someone did that to you???

 

You are missing the point completely, so I'll make it very clear:

 

For whatever reason, right or wrong, he wants a refund.

He has an absolute right to his money back.

If he sues you, you will lose and incur additional costs and get a CCJ and possibly bailiffs at your door.

 

Forget this attitude, your courier problems, all that is irrelevant now,I am telling you the legal situation, and none of the things you have mentioned above will help you in mitigation.

 

If he wants a refund, you have to refund him. Full stop. The fact that you don't have the money anymore is not his problem, it's yours.

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I'm just going to send it via courier on monday but first i will get some relatives to witness it is all working 100% and even do video recordings etc etc and it will be sent to him.

 

I have just emailed the buyer asking him whether it is still acceptable to send it on monday!

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From Ebay:

Check the seller’s return policy

 

etc....

Yes, I KNOW what ebay say. And what e-bay say is NOT what the law says. E-bay for instance also says that in the case of faulty goods, buyer should shoulder the cost of P&P which is a blatant breach of the DSR.

 

If you start believing ebay are true upholders of the law, you are in big trouble. ebay's t&cs are fuller of holes than Swiss cheese. :rolleyes:

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Cookie--basically you don't want to listen to sound advice so I'm unsure as to why you started this thread.

 

You're convinced that you are in the right and want someone to agree with you but that's not going to happen.

 

Guess you'll find out the hard way.

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I'm in the wrong even though i said to the buyer i will send it monday?

 

Why does that make me in the wrong if he suddenly turns round and asks for a full refund? I think the buyer created all these problems as i was ready to book a courier to collect it on monday until i started getting threats and numerous slanderous and abusive messages.

 

You've been unfortunate and got a nervous buyer on ebay.

The delay probably made the buyer think they were about to be scammed.

Hence the over the top reponses.

 

IMHO This is never going to go away until buyer gets a refund.

And as you already said that the lappy may get returned in a different condition which opens a whole new can of worms.

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Yes, I KNOW what ebay say. And what e-bay say is NOT what the law says. E-bay for instance also says that in the case of faulty goods, buyer should shoulder the cost of P&P which is a blatant breach of the DSR.

 

If you start believing ebay are true upholders of the law, you are in big trouble. ebay's t&cs are fuller of holes than Swiss cheese. :rolleyes:

 

I'm well aware of the DSR but if you're saying that the ebay T&C regarding this is wrong can you provide any links to that effect?

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I received payment from the buyer last friday and booked collection/delivery for monday, DHL failed to show up on monday and wednesday and i have asked them for a refund!

 

Today i informed the buyer of this and said i would book another courier and get it collected on monday.

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