Buyer paid but has not picked up item

[sarmal77]

I would like some advice.
I had a listing end on 7 January for pick up only. My rules stated contact is to occur within 2 days, and pick up is to occur within 7 days of auction finishing.
I sent invoice after auction ended and sent message requesting they contact regarding day and time to pick up.
Didn't hear back so on day 3 I sent message advising if i didn't hear by midday the following day, i would presume she didnt want it and relist. Within a short time, I received notification that she paid me via paypal and i finally got a message saying they would be here on Sunday evening (13th).
Sunday came and went and they didn't show and I didn't hear back.
I messaged on Monday and finally heard back later asking me to call to organise a pick up time. I have called repeatedly over the last few days, left voice messages and ebay messages. I still have not heard back.
I understand if they had not paid, I can mark them as unpaid and relist, but as they have paid, I am really unsure what I should do.
I have made multiple attempts to contact, with no success and I just want the item picked up. But as I have their money, what action should I take?
Any advice would be appreciated.

[viewmont1071]

http://www.fairtrading.nsw.gov.au/Consumers/Buying_goods/Uncollected_goods.html

Disposal procedures and notification

How a trader can dispose of uncollected goods depends on their value.

Value of goods Manner of disposal  Less than $100

The trader must give a verbal or written notice to the customer that they intend to dispose of the goods.

If the goods remain uncollected after 28 days of that notice, they may be disposed of in any such manner as the trader considers appropriate. 

[***super_nova***]

viewmont, that is NSW, while I am sure here in VIC the rules are similar, they may not be exactly the same.  Weird that person from Swan Hill would buy 2 items all the way in Melbourne; unless maybe they are in process of moving down here.  🙂

In their communications did they at all mention that they intend to pick up?

just give them reasonable notice and then decide if you will refund in full, partially or wait bit longer, keep the money and give the stuff to opshop.  There is a real possibility that they made a mistake and did not realised where are you, so just paid and have no intention to collect.

[happyroo_bunji]

Viewmont as someone has pointed out to you that is NSW not Vic so irrelevant here.  Also the seller is not a registered business so that doesn't apply either.

[phorum_junkie*]

First off asking for payment in 3 days and pick up in 7 is not a sensible option as ebay give buyers 8 days in total to pay and it is always sensible to have two weekends in your pick up scheduled time. Contacting them several times within the first 3 days and demanding contact by the next day is probably the reason they paid with Paypal knowing that you cannot now open an unpaid item dispute.

A more sensible option would have been to call them on day 4 and make arrangements then they would probably have turned up - eventually with the cash.

Now all you can do is give them a deadline and if they don't pick up by then refund them, block them from bidding again, send the mutual cancellation request, which they can refuse then you will not get your FVF refunded, and then re list.

You can choose not to refund them as there is no buyer protection for pick up items but then you run the risk, if they funded with a credit card, of them initiating a chargeback through their bank any time up to a year after the payment date, as there is no buyer protection for pick up items there is no seller protection against a chargeback either.

[viewmont1071]

This is one example of how consumer law in Victoria may apply to ebay sales

Ebay user agreement

When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-Binding Bid Policy.

http://www.consumer.vic.gov.au/shopping/refunds-and-returns/online-purchases

Step 1: know your rights

Goods you buy online must meet ‘consumer guarantees’.

Note: if you bought from an auction house like eBay or Grays Online, your contract of sale is with the seller rather than the auction house. Contact the seller directly.

Note: although consumer guarantees apply to both new and second-hand goods, it may not be reasonable for you to expect second-hand goods to last as long or perform as well as new goods.

Because you create a contract I believe if push came to shove then a refunded, unnotified (ex) buyer might pursue remedy in the small claims tribunal ... business or not and expect that you would have followed legal protocol

http://www.consumer.vic.gov.au/shopping/refunds-and-returns/uncollected-goods-left-for-repair-or-treatment

$50 difference

[emilys_pop]

Just remember this can and has happened - buyer meets with serious road accident and is hospitalised. We had a very regular customer in suddenly drop off the face of the earth, owing us a small amount of money.

Months later he contacted us from his hospital bed, still recovering from a stroke!! The family were not prioritising emails and phone calls above their relatives health and had not returned our calls.

I am not saying this is always the case, sometimes people buy things and never collect. Unless you are moving overseas then I would just wait and see, hopefully the item is something small and petite to store. I am not sure about your state, but after 3 months of storage it becomes yours again anyhow.

[a_beautiful_room]

Lord if that was the case, then I doubt the $30 item would ever enter their heads again. 

It will cost these people $100 in petrol to come from Swan Hill to Melbourne to pick the dashed thing up. I'd email them (or phone, or write a letter snail mail) and give them a deadline, but who in their right mind is going to do a bank chargeback for $30 in 6 months time, get a grip please. And why should you refund and be stuffed around. Give them a pleasant reminder and deadline and then do what suits you. 

[phorum_junkie*]

People have done bank chargebacks for a lot less than $30, it takes a couple of minutes on the phone, that's all if it is a case of not received.

If the seller tries to challenge the chargeback then loses which they will,  they will be charged a $15 fee so their refusal to refund rather than just pay the money back and re list will end up costing them $45!

[***super_nova***]

It will cost these people $100 in petrol to come from Swan Hill to Melbourne to pick the dashed thing up.

You are assuming they will travel specially to get it.  They may be moving down here, or coming for visit (they may be in transit), or bought it on behalf of somebody else (I have once bought item for my friend in Sydney, she was at that time visiting me; OK we did message the seller before bidding and explained that although my address is Melbourne, the item will be collected in Sydney when my friends get home few days after the auction ends, and making sure it is fine with them), or they have somebody living in Melbourne who will be driving up there anyway and will bring it.

I would just stick the thing in the garage and leave it for couple more weeks.  As it was PICK UP only the buyer cannot make PP claim, and I am not sure if they can make CC chargeback either.

[boomct]

If it was the kids' table set the winning bidders have made no less than 10 builds on other items in the last hour alone.    Difficulty travelling aside, they seem to be able to use a computer so its pretty difficult to excuse their lack of communication.  Even if they have to plan when to travel the long distance - or possibly get friend or family to pick up for them, a message explaining they are waiting to make arrangements wouldn't hurt!