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)?

[jbd73]

Can't unmark the payment button although it does show as an hourglass icon, so perhaps that'll change if and when I mark it as payment received.

I do have an UPI dispute currently open. Bit hazy about when to close it, guess I'll wait for a bit in the, probably vain, hope that this creature pays up.

Hope springs eternal...

[lyndal1838]

You can close an Unpaid Item dispute 4 days after it was opened.  If the option is not there to close it yet then it is still too early.

[*crikey*mate*]

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@jbd73 wrote:
$484.60 with postage! I'm not happy!

You're right, this is theft. This buyer has stolen from me and yet I can't seem to do anything about it.

Ebay not interested.

QLD Police indicate that the best action to take is a civil action through the local court. Wonder how I'll do that when I'm in NSW he's in QLD? Not to mention the expense.

Theft doesn't attract a penalty anymore? Only possible explanation.

---

It's not theft.

It's breach of contract.

You can do something about it.

eBay are interested, but cannot assist you in the way that you want them to. For them to do so, would be illegal, if not impossible. They cannot force performance by either party on a contract to which they are not a party. The contract is between you and the buyer.

Qld Police are correct. If the eBay arbitration process hasn't worked, you need to sue for breach of contract. The fact that you are in two dif jurisdictions is irrelevant, Aust Post delivers letter of demand and other correspondence all over Australia.

The expense is something that every person has to deal with to have a contract enforced.

Best of luck with it, but unless you are prepared to go legal or the buyer decides to get honest, you will have to pursue Civil Action to have your contract enforced. Just as the buyer would have to if he had paid without a safe payment method and the seller didn't send.

[digital*ghost]

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@jbd73 wrote:


QLD Police indicate that the best action to take is a civil action through the local court. Wonder how I'll do that when I'm in NSW he's in QLD? Not to mention the expense.

---

I'm almost certain if you file a case, it is handled in your jurisdiction and the buyer would have to come to you (your state / courthouse or wherever it's handled) to defend it, so that's something in your favour.

In regards to eBay, if a buyer marks a payment as sent, it affects the totals in the areas where it says "Not Received", but it doesn't affect anything else. When you click on the case details, it will say one of two things "awaiting payment" means 4 days haven't passed yet. It will switch to "You can close this case now" when the 4 days have passed and can get the FVF credit. The next page will ask you to confirm that you didn't receive payment, click "No" and close, and you should see the credit immediately.

[jbd73]

Thanks for that, particularly the fact that jurisdictions don't matter.
I AM going to sue for breach of contract, **bleep** it all! I can't let this matter rest.
First step: letter of demand.
I'll keep you informed.

[collect247]

We are all right behind you good luck

[jbd73]

Just a quick thanks to all in this great community.

You've all been really supportive and gone out of your way to make me feel less powerless and alone in this matter.

Many thanks.

Drafting Letter of Demand now.

[*crikey*mate*]

keep copies of everything and document it.

like a diary iykwim.

also, not sure how they work, but what about a debt collection agency? Is this an area for them?

[jbd73]

Hired goons???

I'd really enjoy that!

[collect247]

That isn't a bad idea but I think that they would take a cut of what is owed and give you the rest but I'm not sure what %,and they I think give you the money from their own coffers and then persue the villian but don't quote me on my assumption as I am 99% wrong most of the time lol