Am I screwed?

[jblmar]

Acceptance of the package completes the contract. The receiver of the package is now legally obligated to send payment. Because you shipped the package before receiving payment doesn't mean the receiver gets it for free and is not obligated to pay. They either have to pay in full or return it to you. It's really that simple. No court will rule otherwise.

Find who the carrier is/was and sign in for tracking info. This will show where the package is and when delivered. Keep that info as your proof of delivery.

 

[ra7c7er]

If you got tracking on it and can prove to ebay and paypal that it was shipping and delivered. Start a claim with ebay. They will admonish you for shipping before payment but if you can prove he got the item ebay will usually make good on the money. My stepdad had the same thing happen to him and ebay and paypal removed the money from the guys account.

 

[jameswei]

Thanks guys! No change in status so far.

 

[jblmar]

If you got tracking on it and can prove to ebay and paypal that it was shipping and delivered. Start a claim with ebay. They will admonish you for shipping before payment but if you can prove he got the item ebay will usually make good on the money. My stepdad had the same thing happen to him and ebay and paypal removed the money from the guys account.

If eBay gets involved as you say and I'm sure you're right, that's a plus for them. Usually, that's the function of the court.

I've never dealt with eBay so I'm not familiar with their policy. That's good insurance to have accounts eBay can get into to resolve an issue and avoid litigation.

 

[jameswei]

Talk to E-bay today and E-bay said they can bann this person and that's all they can do. What kind of answer is that? If the buyer had a problem, E-bay can take money from the seller's account, but can only bann the buyer?

 

[4-2-7]

Did you talk to PayPal?

I mean really neither business know weather you were paid by check or something

 

[4-2-7]

Did you ask eBay for contact info? You can call the buyer they will give you the phone number. And you have the address.

 

[4-2-7]

You can send more than one Invoice. On the next one state a demand for payment other wise further action will be taken. Don't show all your cards freak them out a bit. State eBay & Paypal have been contacted and action will be taken against there account if payment is not received in 24 hours

Call eBay have them do the request for the Phone number. You will get it immediately and they will get yours.

If they still haven't payed start bugging them on the phone. Then maybe hand out the number here will all give them a call at all hours of the day.

PayPal can also take funds directly form the buyers account. If buyer doesn't have it in there PP account they will wait till another PP transaction the buyer does with PP. Then they attach the unpaid balance to the new charge.

 

[hwystar]

You can send more than one Invoice. On the next one state a demand for payment other wise further action will be taken. Don't show all your cards freak them out a bit. State eBay & Paypal have been contacted and action will be taken against there account if payment is not received in 24 hours

Call eBay have them do the request for the Phone number. You will get it immediately and they will get yours.

If they still haven't payed start bugging them on the phone. Then maybe hand out the number here will all give them a call at all hours of the day.

PayPal can also take funds directly form the buyers account. If buyer doesn't have it in there PP account they will wait till another PP transaction the buyer does with PP. Then they attach the unpaid balance to the new charge.

I like that idea about handing out the number here.

 

[4-2-7]

I like that idea about handing out the number here.

lol there is power in numbers. Dose the buyer really want to change there phone number over this.

Not to mention OP has an address and Email. eBays and Personal

 

[Wigwam Jones]

I would suggest no harassment by phone from random AK members. It's not only illegal, it's easily traceable and it's a federal offense. If you're in the USA, you'll be in prison fairly quickly. 47 U.S.C. § 223(a)(1)(C).

I am not a lawyer, this is not legal advice.

 

[luvvinvinyl]

...just good sense. Phones work in both directions.

 

[peterfranks]

If you got tracking on it and can prove to ebay and paypal that it was shipping and delivered. Start a claim with ebay. They will admonish you for shipping before payment but if you can prove he got the item ebay will usually make good on the money. My stepdad had the same thing happen to him and ebay and paypal removed the money from the guys account.

That's encouraging to know. I've had plenty of non-payers on my auctions and EBAY does nothing about it other than refund listing fees. So much for a binding contract ..... But if product has been shipped and received by the buyer you would hope for more options. To everyone else's point, he agreed to buy it and you shipped it - he needs to pay for it.

 

[4-2-7]

Op needs to go to eBays resolution center open a failure to pay action. There is no record of payment I don't know who he is talking to there. If the seller is not paid eBay can not collect final value fees. And at that point if payment is not made eBay has PP get it from them. PP will get the money first and ask question later. Then the buyer needs to show proof of payment.

 

[goodolpg]

I was hoping the buyer would make it right on his own accord.
I know I would have paid for it and thanked you for trusting me to send payment.
I also probably would have recommended you not be so trusting (even though it was a screw up) with future sales.
Hopefully the buyer will make it right still.

 

[cubby01]

9/7

I use E-bay shipping which should have confirmation. I should check, but I think he got the amp already and is his call on paying or not.

9/8

I did send him an invoice right after I accepted the offer and I tried to check on the tracking, but it says check back later.

Thanks guys! No change in status so far.

On the 7th you said you thought it should have already been delivered but your tracking didn't show anything even by the 8th? When did tracking show that it was finally delivered?

9/22

Talk to E-bay today and E-bay said they can bann this person and that's all they can do. What kind of answer is that? If the buyer had a problem, E-bay can take money from the seller's account, but can only bann the buyer?

This would be a tough one for eBay. Buyer could claim he paid you outside of ebay and therefore is the reason you sent the gear. I'm not sure how ebay can take money from a buyer or even ban a buyer if that was what the buyer claimed.

 

[ra7c7er]

Wow so eBay and paypal can forcibly take money from a seller to refund a buyer. Without the sellers consent but they can't take money from a buyer for non-payment. Wow. Just another reason I don't sell on eBay and dont buy outside my local area anymore.

 

[cubby01]

Wow so eBay and paypal can forcibly take money from a seller to refund a buyer. Without the sellers consent ...

If the buyer paid, and did not receive the item they paid for or received an item fraudulently described, then isn't it really the buyer's money? As a buyer would you want it any other way?

... but they can't take money from a buyer for non-payment.

If the buyer didn't pay the seller shouldn't have sent the goods. The OP admittedly made a mistake here. That's not eBay's fault. A lot of buyers use paypal, but not from a balance, it pulls it from a credit card or they pay with an eCheck or whatever. As a buyer do you really want eBay to have the ability to pull funds from your credit card or whatever at their convenience not yours? I know that bid button is a "contract" to complete a transaction, but in reality things get messy. As a seller I don't wan't ebay scaring off buyers like that.

 

[Snow]

If the buyer paid, and did not receive the item they paid for or received an item fraudulently described, then isn't it really the buyer's money? As a buyer would you want it any other way?



If the buyer didn't pay the seller shouldn't have sent the goods. The OP admittedly made a mistake here. That's not eBay's fault. A lot of buyers use paypal, but not from a balance, it pulls it from a credit card or they pay with an eCheck or whatever. As a buyer do you really want eBay to have the ability to pull funds from your credit card or whatever at their convenience not yours? I know that bid button is a "contract" to complete a transaction, but in reality things get messy. As a seller I don't wan't ebay scaring off buyers like that.

If there not paying there not really buyers anyways, I would rather not have losers like that getting away scott free, the honest paying bidders have nothing to worry about IMHO


REGARDS SNOW

 

[cubby01]

I agree with you Snow but the whole reason eBay works is there's a process and a paper trail. Deviate from that and it opens up risk.

Over the years I've probably had half-dozen buyers for which I've had to open 'payment not received' cases. In each one the buyer had some kind of excuse for their delinquency, some were just oops, others were financial sad luck stories. All but one eventually paid. Once they paid the case closed and I sent the goods. The one case that didn't pay, well I just relisted the item and ended up selling it for more.