Re: buyer problem and paypal

Posted by NCWayne on May 05, 2008 at 15:53:09 from (166.82.206.74):

In Reply to: buyer problem and paypal posted by Markiess on May 05, 2008 at 07:22:41:

If your worried about the money before I did anything else I'd cancel my Paypal account and notify your bank that they have no authorization to pay out funds to anything or anybody associated with Paypal or any of it's entities. Once that Paypal account is canceled and the bank is notified not to fund anything without your authorization (which they shouldn't do anyway) no one except the government through a garnishment, etc, has any way to legally access your account. If someone does it will be a criminal offense. Unless they have changed something when an item is bought through Ebay the person enters into a binding contract with you for that item. No matter how it's paid for they are still bound by that contract the moment they bid and win as long as you, the seller, hold up your end of the deal, which it seems you've obviously done. Next contact the guy and remind him that when he bid and won he entered into a binding contract, the item was shipped per his instructions, and tell him if he didn't get the item you'll be glad to contact the shipping company and get delivery or attempted delivery confirmation for him. Whatever happens you'll need proof of the delivery or the attempt. If such an attempt was made and denied or whatever, give him that info and tell you intend to hold him to the contract and if needed you'll gladly give him the number to your attorney. Once the item left your hands and entered the hands of the delivery service it was their responsibility to get it to the final destination in good shape. It's their responsibility for any loss or damage, if you got it insured, and the buyers responsibility if it was delievered and "lost" afterwards. Wether it got to that person or not after it left your hands is really none of your concern unless the shipping company lost or damaged it and the buyer notified you when the item was recieved damaged or simply never got there. Wether you had a delivery confirmation returned to you or not, the delivery service should still show within their system wether the package was delivered or not, what time it was delievered, sometimes even where it was left. They have to do this to cover their a$$es to prevent false claims against them. If the delievery service did in fact "lose" it then you will have the obligation to file a claim as the shipper (ONLY the shipper can file a claim, been there, done that, several times) and handle the refund to the guy. If it was delievered and lost then the guy has no case against you, and if the delievery was denied he has no case either. Once that part is square contact both Ebay and Paypal and let them know about the situation. If you've got all the appropriate corrospondence between you and the buyer, along with the shipping info showing it's shipped and delievered/recieved or shipment was denied, I don't see where he has any chance to come back on you through any outside legal channel nor through Paypal or Ebay's "buyer protection" deals. I'd make sure I talked to a supervisor when calling either Paypal or Ebay and if needed also mention giving them an attorneys number. I imagine they see scams like this everyday and their not gonna want to take alot of time and expense to settle something as "trivial" as this, especially when your not necessarily holding your part but are holding all the legal cards. Just make sure you tell the guy if you have to go after him in court your also gonna be seeking all your legal fees so he might as well pay now or it's really gonna cost him later. Worst case tell him your gonna simply save the money you'd spend on lawyers and spend it to make a trip to see him and see if the item will fit up his a$$ if there's room beside his head, since it's obvious that's where his head is at.

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