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    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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Befnal

Ebay Told a Buyer He Could Keep My 'Damaged' IPad!

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Hi,

 

Just after some clarification that I am perfectly entitled to follow my current path over this issue.

 

I sold an IPad on eBay for £95 back in February,

the buyer then told me it was damaged when it arrived.

It was in perfect condition when I sent it,

so I could only suggest that was damaged in transit.

 

 

I asked the buyer to return it to me,

so I could claim against Royal Mail for the damage

& I would issue a refund,

all pretty straightforward so far.

 

The buyer contacted me saying the Ipad was packed & ready to be returned & would I issue a refund, seeing as PayPal had prevented me from taking the funds anyway,

 

 

I issued the refund & asked the buyer to return the item straight away.

A week passed & nothing arrived,

when I contacted the buyer again he said he didn't have the IPad,

he had 'given it away to a charity shop',

as ebay sent him an email saying he could keep it!

 

Naturally, I was incredulous at his behaviour,

I issued a Letter Before Action & logged a claim against him on MCOL for £125.

 

 

He has refused to admit responsibility,

has refused to settle & will not give me the name of the 'charity shop' he 'donated' my IPad to.

 

 

I am now taking this matter to court,

but he is now claiming I will be liable for his transport costs as he lives in Spain!

 

 

I am quite prepared to see this through to the bitter end,

but I just wanted some assurance that I don't end up on the wrong side of a hefty bill.

 

Thanks in advance for any help & advice.

 

Chris


Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

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Have Ebay confirmed to you they sent this email telling him to keep it and their reason for telling him why he could ?

 

Sounds like he had no intention of ever paying for it nor was it ever damaged...why give a a damaged Ipad to a Charity Shop...which I doubt there are any in Spain.

 

Raise the charge again

 

Andy


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Just issue the claim via the European small claims procedure; he is just trying to avoid paying


It is easier to enter a rich man than for a camel to pass a needle

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you have been lied to, no refund is made until the item has been returned. If Ebay had such a process YOU would have got the email as well.

You will win your claim but as this person isnt honest you wont get your money, they dont have any.

As for living in Spain, is that where you posted it to? If not he lives at the address his Paypal account says he lives. Anyway, he would lose so you wouldnt be paying his costs, he will be paying yours. The bloke is a proven liar yet you want to believe his outlandish claims.

Next time try reading the instructions you are given by Ebay and Paypal rather than blithely doing anything people say

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you have been lied to, no refund is made until the item has been returned. If Ebay had such a process YOU would have got the email as well.

You will win your claim but as this person isnt honest you wont get your money, they dont have any.

As for living in Spain, is that where you posted it to? If not he lives at the address his Paypal account says he lives. Anyway, he would lose so you wouldnt be paying his costs, he will be paying yours. The bloke is a proven liar yet you want to believe his outlandish claims.

Next time try reading the instructions you are given by Ebay and Paypal rather than blithely doing anything people say

 

Waste of time trying to claim. As the buyer resides in Spain, any court hearing would be there. Cost of flight, hotels etc. Even if won, the buyer might never pay judgement including costs.

 

I can't remember seeing charity shops in Spain. Given state of economy most people sell items to get money.

 

Cancel the MCOL and deal with Ebay reporting it as problem sale.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Never refund before receiving the returned item, I get this from time to time with problem buyers and after being told the item will be refunded after being returned and inspected I never hear from them again.

 

Unfortuantly I think your money and item are now gone.

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Yes, lots of similar stories about eBay cons

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UB, he wont live in spain, that is just another lie to try and avoid a court hearing. However, I agree that it will be very difficult to actually get any money back, the crooks know all of the dodges.

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Was the IPad not posted to Spain?


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Got a similar case of buyer asking for refund and refusing to send the item back - only ebay refunded before I got the item back AND most of the Literature I received from ebay tells me to refund even before I get the item back - which I didn't and they still took the money from my account and refunded on my behalf!

 

Luckily I had asked the buyer to return the item to an address and send me certificate / proof of posting before I will refund - which means ebay wasn't supposed to as it contradicts their own T&Cs policy!! Ebay have now retracted the buyer's claim, issued me a refund of the listing fees and apologised and will be getting my funds back from the buyer and will hold it until they return the item or 30 days. If you followed their advice and refunded before you got the goods back, then raise a case - show them where you followed their advice and that the days have lapsed since buyer returned item and ask them to provide you proof of the buyer's claim and where you said (assuming you are a private seller and sold it as Auction not Buy It Now) they could keep the item. You should be protected by their money back guarantee scheme. And when you chat to ebay -= always do it via their chat online help as they send you transcribe after - makes it harder for them to deny they didn't tell you what to do ;) They will pay you back if you can prove you followed their T&Cs but the buyer hasn't and they will then simply collect the money themselves from the buyer at a later date.

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