I wasnโt going to contribute to this thread, because DG, at post 12, had covered the relevant points: namely, once the seller had proved they sent SOMETHING to the suburb in which the buyer resides, that, coupled with the sellersโ assertion that THAT SOMETHING was the item purchased by this buyer is sufficient to prove postage; and once postage is proved the buyer has no right of recovery against the seller. That is, once postage is proved, the item is at the buyersโ risk, and as such, if the buyer doesnโt insure against that risk, then itโs they (the buyer) who is out of pocket if the item is lost or damaged in transit. Distance trading consumer law 101 as it has been for the past 150 years or so.
Then along came PJ with โIf Paypal did find in the seller's favour I am sure the buyer would report the seller to the on-line auction fraud report site, I am sure the police would not be as lenient as Paypal when they saw the so called evidence the seller had sent what the buyer paid for.โ
The police deal with criminal matters, and in criminal matters, it falls to the Police (DPP) to prove BEYOND A REASONABLE DOUBT, not only that a crime has been committed, but that it was this particular individual who committed that specific crime.
So letโs put PJ opinion to the test.
Buyer reports seller to online fraud because they didnโt receive the item.
Online fraud contact seller, and seller says โI sent it on XX/XX/XX. From this point onwards how exactly can the police be less lenient than PayPal. That is, as criminal activity is suspected, it now falls to the police to PROVE EVERYTHING. As for the suspect (the seller) they have to PROVE NOTHING. In fact they have THE RIGHT TO REMAIN SILENT and the fact that they chose to remain silent canโt be entered into evidence.
But Iโm a cooperative individual, So when they ask โwhat evidence I haveโ, I hand over a receipt that shows that contemporaneous to the transaction I sent something to the suburb in which the buyer lives and I say โThat parcel contained the item xxxxx bought from me on xx/xx/xxโ .
From that point onwards, and in light of the multiple other potential reasons why it may not have been received, each of which on their own CREATE A REASONABLE DOUBT, it will fall to the police to prove BEYOND A REASONABLE DOUBT that THE ONE AND ONLY reason why the item wasnโt received was because I, the seller, decided to accept the money and keep the item.
So what are those other potential reasons?.
The label could have been damaged during sorting and itโs now sitting in the Non Deliverable (Dead Letter) Office.
It could have been stolen of tampered with by an Aust Post employee or contractor.
It could have been delivered to the wrong address
It could have been delivered to the correct address, the buyer wasnโt home so it was safe dropped ,and someone came along and took advantage of a five fingered discount.
Oh and letโs not forget the truck transporting it caught fire and it was destroyed.
Yes you could lodge a complaint to the Online Fraud Squad, but if all they have is a โI didnโt receive itโ countered by โbut I sent itโ, as the onus of proof is squarely on the police, the complain will give rise to a very short investigation, resulting in another complaint destined for file 13.
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