drjsd

Need some advice.

Bought a camera from a guy on QXL, £300 with £10 p+p. Sounded like a reasonable deal for a second hand DSLR. Sent the money through NatWest FastPay, putting the money on with my NatWest Mastercard.

He then allegedly posted said item Recorded Delivery (which I now discover apparently has no insurance attached to it) and it hasn't turned up.

He is now refusing to refund the money saying he has no liability as he sent the goods and if they get lost it's not his fault it's the Post Office's. It's been 5 weeks since "posting", so the Post Office deem it to have been lost.

Now, as far as I understand it: we have a contract for him to supply me with said item at said price and until I receive it, he is still liable for the item. Even if it doesn't turn up, it's still up to him to replace or refund. Needless to say he's taken the money.

Any suggestions as to what to do next? I've spoken to FastPay who say they have no way of getting any money back (I thought they had but that's what they said). I've spoken to the Credit Card company who have sent me a form to fill out and say they will reimburse and chase up, but should I be contacting the police, cos this has seemed a little suspect from the moment I won the auction? And I'm still waiting to hear back from QXL.

Cheers!

GC8

Id agree that delivery forms part of the contract but 'sellers' always try to evade their responsibility here... It may be that your credit card issuer is jointly liable so theyll be the best bet for recovering your money; still; it pisses you off to know that the tosser has got away with it doesnt it? You could consider the Small Claims track at the County Court.

Simon

drjsd

Thought about that, but not yet I think.

One thing about this guy that annoys me is that I was more than happy to let him speak to Royal Mail and claim off there insurance, as I assumed he would have sent a £300 camera with some insurance He then tells me that they have now said it isn't insured and wants now to wash his hands of the whole matter.

I have been more than patient for the item to arrive, but one thing that worried me from the outset was the fact that he was very keen to get payment, but as soon as he'd got payment, his email replies became very slow in coming.

Makes me wonder whether he did actually send the item and if so hence my comment about getting the Police involved. I'll get him to fax/scan the posting receipt and if it isn't forthcoming, perhaps it was a con from the word go.

Apparition

If it was posted recorded delivery, wasn't there proof of postage at the office from where it was sent ? Can you not establish where it was posted from? Just a thought.

drjsd

Other than seeing the bit of paper you get when it's posted, there's no record of postage. So the onus is on the sender to let me see the original postage. It sounds utter bollocks that the Royal Mail don't track the fact the item was posted.

Apparently you can also just buy a stack of these Recorded Delivery tickets, so you get a reference number that you can give out without actually having to have been to the Post Office. Ludicrous!

GC8

Id didnt want to sully my first post with this; but Id **** him. Why do people think that living elsewhere allows them to act like this, with impunity; he wouldnt act in this manner if you lived across town would he?

Scoob99

iTrader: (1)

You Have PM
Colin

chiark

Simple.

Phone Natwest MasterCard, say that the goods never turned up, they will charge back the transaction, you will get your money back. Fill out those forms ASAP, and get them off.

If you want a more involved explanation I can give you one, but basically that's the way to get it sorted. If bloke decides to, he could try to take you to small claims court but he'd be facing an uphill battle.

drjsd

I couldn't agree with you more!

Feel free to sully your post with these sort of comments, I want to knock seven bells out of him, but he lives 200 miles away! These sort of people are scumbags who often only understand one way of doing business and if he lived down here, I suspect he'd not be quite as **** taking as he has been.

Of course, I could be jumping to conclusions...

Oh, and all his effing emails end with comments such as "TAKE CARE BE HAPPY" (colours as per the original message...)

drjsd

Cheers

GC8

Road trip!

drjsd

lol, the thought had crossed my mind!

David_Dickson

200 miles away?
For the sake of £300 I would be in the car first thing in the morning.

Apparition

Point taken on the recorded delivery thing. Warning heeded if any further puchases are made by moi. Didn't know that fact.

GC8

Recorded Delivery provides nothing more than proof of receipt; it isnt tracked in any way until the postie fills in a form on your doorstep...

pslewis

Remember, he could have actually sent it in goodwill!!??

He will have a receipt from the Post Office - I have just sent something recorded delivery and got given a receipt with destination name and address on it (proof it was at least posted!)

If he has stitched you I would try and meet him ..... travelling up there would put you in his back garden (so take a few mates!!) .... try and find out about him and trick him into a meeting midway (if he's a conman he will travel for a big profit!)

Pete

Jamo

iTrader: (23)

im fairly sure that if he provides you with the recorded delivery slip and proof of posting, then you wont be able to take him to court as he has completed his contract with you. *disclaimer* im not 100% positive on this.

shaggy

David Lock

Unless seller put something like "post loss at buyer's risk" or something like that then he is liable if you don't receive goods. Seller is a prat as he should have sent it Special Delivery |(which is covered for insurance) as it doesn't sound like a heavy item so would only have been 4 or 5 quid and you paid him £10 for postage in any event. If it was sent recorded (now called "signed for") then it was posted and lost or nicked on route (assume you have checked with your local sorting office that they are not holding it for you?). AFAIK the recorded document has a tracking number so you can phone PO and find out if/when it was delivered - if PO do not recognise this tracking number then sounds like seller is making this all up!. Seller probably wrote "nice camera inside pack on jiffy bag ". It's really up to him to try and get compensation from PO but I wouldn't hold my breath. Sounds like small claims court

class_A

A bit late now but Recorded/Signed For is designed largely to provide evidence to the sender in the event you claim not to have received the goods but have in fact taken delivery. It's of no use in providing the receiver with guarantees or insurance, that's what insured services like Special Delivery are for. There is no compensation available for lost items Recorded items. Was "Postage Insurance Optional" or similar listed in the advert?

Get him to provide the Recorded reference number he claims to have used, then go to Track & Trace on the Royal Mail site. It should give you the date and point of posting.

drjsd

The latest.

Got an email back from QXL who included a letter for sending to him Recorded Delivery basically saying that he is now in breach of contract and is liable in the Small Claims Court. Oh, and it's nothing to do with QXL

Spoke to Mastercard who were actually quite helpful, have sent me out a form, which once they receive back, they will recredit my card and chase it up with him. I suspect THAT wouldn't be pretty, I can't imagine Mastercard taking any prisoners. Magic!

And he's gone strangely quiet since I asked him for his address... can't imagine why...

The bugger is I could actually have got £200 more than I paid for it in part-exchange. Doh!

drjsd

He's finally agreed to pay back the money that I sent him, so I'm tempted to tell the Credit Card Company to back off. However...

Amazingly, he wants to pay by installments! This guy is incredible...

mad_dr

Tell him thats fine and that to be fair to him, you'll call the police "in installments": one digit at a time...