Buyer has item but won't pay.

[jbd73]

I stupidly sent off the item before the buyer had payed.

Now I've had to start an unpayed item case. If the buyer still refuses to pay, how's it going to pan out? Will I lose the item and my money ($455.00)?

[ytwo000]

if the item was sent via normal mail (tracking does not prove the buyer received item) i dont think you can prove they got it..unless it was sent via registered mail and signed for.. so in this case the buyer can always say "i never received anything"..maybe?

[jbd73]

The buyer has never claimed not to have received it and in fact, went through ebay checkout and pretended to pay by direct deposit.

I would think it would be a bit hard to make that claim now, at this late stage.

I have the receipt from austpost showing that I sent a weighty package to his unique postcode. I have a screen shot of the austpost tracking site showing the same package going through various locations and then finally delivered.

Not conclusive I know, but I think the Magistrate would agree that the package had been sent and recieved.

I have had no communication from the buyer since he told me that he had paypal issues and would take some time to pay. Once again a  tacit acceptance of delivery.

I have all the emails we've exchanged, mostly mine, since I lost contact with the buyer very early in the transaction, collated and ready to go.

I think I have a pretty damning trail of evidence to present to the Magistrate. I'm allowing the buyer a couple more days to respond to my latest request for payment. If I get no response I'll send a letter of demand by registered mail as the first step in my civil action.

[jbd73]

It occurs to me that the buyer, hereafter referred to as the defendant, could very easily be listening in to this conversation. So I might just stop telegraphing my moves for a bit.

Paranoia? Probably...

Don't worry though, I do intend to fully document everthing, so that, Heaven forbid, this should happen to someone else, there'll be a procedure to follow.

[5kazam]

Just one suggestion should the matter proceed to the tribunal/court.  Aust Post records would show not only the date it was delivered, but by whom.  It should be relatively easy to request a Stat Dec from the driver for final proof of delivery.  

[jbd73]

Thanks kazam, good tip.

[jbd73]

Hello all,

I've got some good news to report, my non-payer finally payed up! I'm very, very pleased!

I want to thank everyone who offered advice and sympathy. When my faith in the human race was at it's lowest ebb, this great little community rallied.

It seems to have been the letter of demand that finally got things moving. Perhaps the threat of impending legal action... Who knows?

My lesson has been hard won, but I'll never, ever make the same mistake again!

Many, many thanks, and my best wishes.

[davewil1964]

Glad you got a good result.

I did it once. Even though they paid with no problems (before it arrived afaik), I won't be doing the same thing again.

[djk.69]

Very pleased to hear of the positive outcome.  Maybe your buyer did read this thread and realised he wasn't going to get away with it.

Time to sit down and have a quiet little celebration I would think...!!!

[jbd73]

Yep, drinks are on me!

[digital*ghost]

Great news - well done! 🙂