So ive been screwed out of £1550! :(

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Right guys, i dont know if any of you remember but a while back i bought 600 pairs of vintage Levis jeans from a guy on eBay.

He described them as all sellable etc. When i got them they were dirty, creased beyond ironing and had major rips etc.

I phoned the guy straight away and explained i wasnt happy and we settled on a full refund providing i pay for them to be returned (approx £150). So i sent them back to him without consulting Paypal or eBay. 70 days have now passed and i still havent received a refund.

When i sent the jeans back to the guy he sent me an email saying he hadnt received all the jeans back and he couldnt give me a refund!

I 100% sent them all back to him and decided to contact Paypal. They told me they couldnt help as i didnt consult them about returning the item etc.

I only did this as the guy seemed trust worthy on the phone and has an actual business online in which you can buy from him on his website aswell as eBay.

I decided i couldnt proove the jeans i got and sent back so asked for a refund minus the allegedly missing jeans. He said £1200 instead of £1400.

So i waited 9 days like he said for the funds to go into his Paypal account so he could issue the refund. 10 - 12 days passed and i had received nothing!

So i phoned again and asked what was going on... He was away on leave and his business partner couldnt deal with it as its not his side of work.

So i called back a week later and asked what was going on...?!?! He told me that Paypal take 5% so he would get a cheque out to me. This is complete and utter rubbish as you have 60 days to issue the refund or part refund through paypal with no costs/charges. So he said the lads in the office would action the cheque and i should receive it in the post that week.

Waited a week and nothing through the post!

So i phoned back again and his mobile was turned off! I phoned the office and his business partner answered. I asked if **** was there and he said no! Hes on leave. I asked if he new anything about the refund and he claimed he new nothing and he doesnt deal with that side of the business. I phoned back Yesterday and knowbody answered. Phoned again this morning and he said he would phone me back in 15 minutes as hes just got back to work after Glastonbury.

40 minutes passed and no phone call. I phoned him and asked him were the refund was and what was going on... he said he hadnt looked at the bank account yet or spoken with his business partner. I said so whats happening....? He said he would call me back later this afternoon.

Thats the full update.... and i just dont know what to do. I know he wont phone me back & i know full well i will be phoning him!

Its just what do i say or do. Its been 70+ days since i bought the vintage jeans and im now £1550 out of pocket.

Who do i see if today he fobbs me off again? Paypal said go to the Police, but what the hell will they do...? They wont charge kids for chucking bricks at cars so they wont help me get £1550 back.

All i want is the £1200 and i will be happy, but i know he wont give it because hes a stinking rat!

Do i seek legal advice, trading standards?
 
Possible that the distance selling regs apply in this instance.

I've used them in the past. In fact, just quoting the relevant portions in a letter sent by registered post has caused the other guys to crumble like a house made of cards.....
 
Do you have his address? Because if you do couldnt you send the police around, couldn't it be counted as theft?

*Failing that If the answer to the first question is a yes pick up your keyboard and head over there and teach him a lesson.



*OJ :D
 
Go for legal advice. If he's a trader then discuss the trade descriptions act.

You will need all the evidence - including proof of shipping and receipt of goods (him receiving) plus all the paperwork.

Do not contact him further - direct all communications through your lawyer.

Then go for costs, reclaiming of lawyers fees. Let the laywer then direct trading standards and if he's committed a criminal act then let trading standards do the work.
 
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Possible that the distance selling regs apply in this instance.

I've used them in the past. In fact, just quoting the relevant portions in a letter sent by registered post has caused the other guys to crumble like a house made of cards.....

This won't work if the jeans bought via auction.
 
If you are seeking legal route i hope you have documentated all this - all telephone calls, copy letters sent, receipts, proof of postage...etc
 
I doubt trading standards or DSR will help. You've no chance of convincing them 600 pairs of jeans was a consumer purchase and they don't cover B2B.

As a last resort, see if you can get a debt collector to sort it out.
 
Small claims court maybe??

Thing is thou why are you accepting anything less then what you paid. I mean surly if the items were'nt as said then you have every grounds for a full refund. Even if he said that items were missing I'm sure you already know he's trying to con you. I mean the longer it gets I think the harder it will be to get the funds back. seems like a good con if you have to pay to send them back and then he claims another 200+ back saying that you didnt return all the items when you did. so he makes money even if he refunds back part of you money. Pay pal what do anything btw.

I would take some legal advise to be honest its a tuff one sorry to hear that you got ripped off thou.
 
How did you fund the Paypal payment? If it was a credit card you can still bypass Paypal and do a chargeback with your credit card company.
 
What a nightmare,

I couldn't help you in your first post and definately can't now, its a hard situation. I wish you the best of luck resolving it.

Where is he/the company located?
 
It was a buy it now on eBay. He has a shop on eBay and an official website with an address to his warehouse etc.

I have to speak to him today, he will phone me back like he said he would do or i will end up phoning him just to see if he is going to action it or what.

I am accepting less because i have no proof about the jeans etc. He said he weighed them before sending and weighed them when he go them back and they weighed less. However he arranged the first courier to pick up a pallet of jeans and i arranged for 3 bags full of jeans each weighing 28kgs to be sent back to him.

This is the email i got in response at the time:

" we have recived these back in, in two lots, one sent back a week ago (213 pairs short)& one two days ago (still 115 pairs missing!)

here is a full break down of what was sent out & recieved back in:

SENT OUT
1 bail 345kg - 495 pairs
3 bags 28kg each - 120 pairs (40 in each bag)

615 pair in total

RECIEVED BACK (all open out of original packing)
1 pallet 345kg - 402 (one week ago)
1 bag 22kg - 31 pairs (sent back one week later)
1 bag 31kg - 30 pairs (sent back one week later)
1 bag 37kg - 37 pairs (sent back one week later)

Still 115 pairs short!!

These bags that was sent back one week later, was sent back because we stated that we had not recieved the full quantity back - ***(complete lie by the way! I phoned him to say my business partner forgot to bundle them on with the courier and i would send them next day)***

We are very sorry but no refund can be made untill all the jeans are sent back. We are still awaiting 115 pairs back in or at least the 100 still missing off the order (we always send 15 extra due to wastage on vintage levis).

We have also contacted ebay regarding this, & they have advised not to refund any customers untill all items are back, this is in complyance with there rules.

many thanks "

He clearly cant do maths and is blatently trying to have me over.... but why? What have i ever done?

My business partner wants to go down to the warehouse and pour paint thinner all over his car.... but what good will that do really!

Hes already told me he has resold the jeans :S
 
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