why are some people just ????????

[iceo]

i have sold an item on another fourm and now the buyer is being a pain in the rear end.

offered me half the asking price , said no
6 hours later offered me £10 less than i was asking, said no
then said he would have it at the asking price, :party:
paid me there and then(paypal), friday night
took money, so i could take mrs and little out for the day.
got home last night(sat) to a message saying he had over spent and didnt want the item and wants his money back, said no a sale is a sale.(spent the money)
today message can i keep the item and he will try to resell it then me send it on to new buyer, said no. :rofl:


told him, he paid for it so he is getting it and im not messing about.
got a feeling this is not going to be the end of this some how
some people just like to piss you about at times.

 

[bobsbeer]

Sounds like a right di*khead. :lol:

 

[dennisking]

Tell him tough.

 

[ryanshelton]

Was it a fixed price item? Im not sure if it applies to sales on forums but definitely does on eBay etc but it might be worth checking out 'distant selling regulations' :-)

 

[iceo]

sort of i had set a price and was not going to drop it as i had already dropped it by £15(was £75). and as the item was new(£85) with no use other than a 2 minute test when i got it. and as im going to pay over the odds to ship(new royal mail rules) i am losing money as it is. so was not going to shift on the price. Not sure that rules count on second hand items and in not a business.

im not out to con any one but wish he had paid me pp gift. then i could send him a turd in a jiffy bag.

 

[calumscott]

send him a turd in a jiffy bag.

:rofl: in this heat too...

 

[morethanworts]

Was it a fixed price item? Im not sure if it applies to sales on forums but definitely does on eBay etc but it might be worth checking out 'distant selling regulations' :-)

They sound a right pain in the @rs£

I've had some experience (just as a consumer, but a fastidious one!) taking advice on, and invoking the Distance Selling Regs. If you check their Ts&Cs, many, many online businesses contravene them, even in their own small print. I'm sad enough to check the following howlers in that small print, before I buy something. The most common transgressions seem to be sellers saying that: the packaging must be intact/unopened if you change your mind; a restocking charge will be made on unwanted items; the cost of original delivery will not be refunded. There are exceptions, but in most cases, all of those statements contravene the DSRs, which were designed to give the remote consumer similar opportunities to ***** the goods as one who is viewing them in a shop, out of the packaging.

However (and don't take this as any sort of legal advice!),this page would seem to suggest your transaction may escape the DSRs, therefore not giving the buyer 7 days to change their mind, as it doesn't sound like it fell within an 'organised distance selling or service provision scheme', to which they refer.

 

[iceo]

had a look that the T&C on the forum no mention of dsr so im good. :thumb:

and he is now trying to sell the item for more than he paid and iv still got sat om my desk :wha:

 

[bobsbeer]

Assuming he has paid I would ship it as previously stated in your original contract. Then you are done with it. What he does with it is his business, and if he sells it for more, then well done him. But you have fulfilled your side of the contract. As has he by paying you.

 

[kev]

had a look that the T&C on the forum no mention of dsr so im good. :thumb:

and he is now trying to sell the item for more than he paid and iv still got sat om my desk :wha:

Wrong. Nothing to do with the forum. You sold something remotely therefore you are governed by the DSRs.

If he opens a dispute on PayPal he will get his money back instantly. You haven't shipped it yet so have no grounds for argument. In addition, if you do send the item and he refuses delivery, it will be returned to you and he will keep his cash.

Up to you but I'd give him cash back and move on. Ball is firmly in his court. Not his fault you spent his cash whilst holding onto his item.

K

 

[calumscott]

had a look that the T&C on the forum no mention of dsr so im good. :thumb:

and he is now trying to sell the item for more than he paid and iv still got sat om my desk :wha:

Wrong. Nothing to do with the forum. You sold something remotely therefore you are governed by the DSRs.

If he opens a dispute on PayPal he will get his money back instantly. You haven't shipped it yet so have no grounds for argument. In addition, if you do send the item and he refuses delivery, it will be returned to you and he will keep his cash.

Up to you but I'd give him cash back and move on. Ball is firmly in his court. Not his fault you spent his cash whilst holding onto his item.

K

Wrong!

Assuming of course this is a private sale and iceo is not a business:

The rules change with private sellers
If you're buying second-hand goods from a private seller (someone who doesn't sell goods for all or part of their living) your rights are nowhere near as strong as when buying from a shop.

The only protection is that it's correctly described and the owner has the right to sell it. Here, it really is a case of caveat emptor or 'let the buyer beware'.

So if the seller says nowt or little about the goods and you buy it, then that's it. Even if it's shoddy, you weren't mis-sold, so have no comeback. Though if they lie to you – you do.

 

[kev]

Where's that quote from?

K

 

[kev]

My second point still sands though. He raises a claim for item not received and gets his cash back immediately via PayPal and seller will have negative balance.

The end. Absolute fact.

K

 

[calumscott]

Where's that quote from?

Money saving expert I think.

He raises a claim for item not received and gets his cash back immediately via PayPal and seller will have negative balance.

Nope. Not an ebay sale. Has to go though the full dispute process. Instant refund only applies to ebay IIRC.

The end. Absolute fact.

Nope. A contract to buy has been made. iceo will have all legal options available to him.

iceo has entered a contract to sell the item, he has received payment, he should honour the contract and ship the goods in reasonable time.

If the buyer then tries something silly and actually manages to get paypal to refund the money the iceo simply uses MCOL to sue him. CCJs are not nice things to have on your credit file.

 

[kev]

He said this was a forum sale so eBay doesn't matter.

I can honestly hand on heart say that PayPal sides HEAVILY with the buyers these days. Contracts or not, buyer raises a claim and refuses delivery he will get his money back. This has happened to me a few times both private sales and also through my online business. Regardless of what you read online, this happens.

K

 

[calumscott]

He said this was a forum sale so eBay doesn't matter.

I can honestly hand on heart say that PayPal sides HEAVILY with the buyers these days. Contracts or not, buyer raises a claim and refuses delivery he will get his money back. This has happened to me a few times both private sales and also through my online business. Regardless of what you read online, this happens.

K

I'm not denying that it happens - the title of the thread says it all!

The simple fact is that the seller (and the buyer for that matter) is protected by law regardless of what paypal do.

So if the buyer decides to play silly buggers, the seller can sue. And it's very easy too.

I still maintain that the seller should ship ASAP, obtaining proof of posting and complete the contract into which they entered. The buyer (apart from being a pillock) has fulfilled their half of the contract by paying.

 

[kev]

I think were both saying the same thing!!

K

 

[morethanworts]

Sounds like the problem may be with Paypal, not wanting to upset sellers, rather than any other issue. You're not a business seller, it's not on ebay (where BIN items attract the DSRs, even though you may be a 'private' seller), so I can't see that the buyer has any protection from the DSRs.

 

[iceo]

yes im not a business and the was as new(but still classed as second hand) i have kept my side and sent the item special delivery on the day i said i would ship.

i have taken photos for the packaging before and after the postage was added, and was all done at a main post office, they noted what the item was as there are new rules for shipping e cig's and with fee, packing and shipping cost me about £10 thats why i would go less tan the asking price.

and i reported him to the forum for trying to sell the item before i had even posted it and he used my photos in his ad,

 

[Crastney]

sounds like it could be a con, especially if he had sold it on to someone else before you'd sent it, then he gets more for it than he paid, and you ship to the new owner, you end up paying postage. I third party is in on it, could claim it hasn't turned up, etc, etc.

you did right, sold and got rid. it's now his problem.