eBay, Money Transfer - car parts Seller denies receiving money, Bank proved was received.

[MJ1973]

Recently been scammed by an eBay seller - a car breaker / parts seller, and it's my own fault for taking the transaction off eBay at his request, but it all seemed genuine at the time. Let me explain...

 

I was looking to buy a rear tailgate spoiler for my car, and found one as part of an ebay listing for the full tailgate. I messaged the seller to ask if he would remove the spoiler and sell it separately as I didn't need the full tailgate. He agreed and said it would cost £95 + postage.

 

I messaged him to ask the postage cost, which he confirmed as £10, so £105 in total. I agreed to this price, and then asked how I would buy it, as the listing and basket on eBay was coming up with the cost for the full tailgate (£155 + £30 postage).

 

He messaged back and said check the listing and contact me. I checked the listing and there was a mobile number, as well as business name/address. I rang him and spoke to him, and confirmed the price and arrangement. He then said he would text me the details to make payment.

 

I then received a text with his company bank details (name, sort code, account no). I made payment as a money transfer (yes I know, big fail straight away) using my Tesco Credit Card, as I (wrongly) believed I would be afforded some protection should anything go wrong.

 

I received notification the payment had been accepted by Tesco Bank, and then the seller told me he'd let me know when he'd received it.

 

4 working days later, I hadn't heard from him or received the spoiler. I checked my Tesco CC account which had been debited £105. 

 

I texted him to ask if he had received the payment, which he denied. Said he double checked and no payment from me or for the amount in his bank.  I contacted Tesco Bank who (to cut the story short) confirmed after investigation that as a money transfer, I wasn't covered under section 75 or chargeback, and  they couldn't get the money back.

 

However they did confirm the payment was received by the bank details he provided me with, two days before I chased him up. I text him again to tell him this, and at this point he began to get abusive in his replies.

 

I have since sent him this letter of proof from Tesco Bank, and requested he refund me within 7 days before I take it further. I have checked companies house, and have his full details (name, business address) he seems a 'legit' business, and has over 500 feedback on eBay, but also seems to have taken the opportunity to keep my money and deny receiving it.

 

is there anything else I can do to try and get my money back? I have lodged a complaint with Tesco Bank, as there was nothing in any stage of making the money transfer payment, where it told me I wouldn't be covered under the T&C's if anything went wrong.

 

I have reported it through ActionFraud UK, and was considering a small claims court money claim to him. However it's 'only' £105, but it's the principle that this guy can just deny receiving my money, whilst I have proof from tesco that the bank details he provided did receive the money.

 

The seller is in Birmingham and I'm in Newcastle, so I can't just 'take the boys around' either, if you know what I mean.
 

Cheers for any advice offered.

[Bazooka Boo]

Did you send him a letter before claim or was it just a letter demanding he refund the money?

 

I would write him a letter before claim giving him 14 days in which to refund you the money before you will start legal proceedings.

 

Like you say it's the principle, and any costs and interest are borne by him so you won't be out of pocket either.

 

Small claims info

[MJ1973]

No, I just sent him a reply to his last message through eBay (where he asked me to check the listing and contact him), which also allowed me to attach a scanned copy of the Tesco bank letter, and screengrabs of his texts to me with the bank details he provided (to prove it all tallied up).

 

Whilst this wasn't an eBay transaction, I wanted something on record through them, so thay were aware of what had happened. He hasn't responded to it.

 

I'll send him a Letter before claim this week, as I have his business address from the eBay listing and companies house, which also had his name.

Edited August 14, 2022 by MJ1973