ebay problem and getting police involved

glenimp617

glenimp617

glenimp617

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30 Sep 2005
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Here we go again :rolleyes:

Two weeks ago I sold a Sapphire R280X Toxic OC and a Nexus 4 mobile phone. They sold to two different people for around the same amount (£170ish).

Like the good seller I am, they were all ready boxed up so I printed the labels out and sent them on their way. Unfortunately, tired me only went and posted them both to the same buyer. The guy who bought the graphics card ended up getting both the graphics card and mobile phone :eek:

I immediately contacted the buyer who seemed ok, now reading back he was only interested in finding out when the graphics card would arrive, but did agree to send the phone on to the correct address if I paid him the postage. Decided to do the honourable thing and send him £20, to cover not only the postage but the time in going to the post office.

The next day I did the parcelforce track and trace and could see both parcels had been delivered and signed for.

Two weeks later, multiple emails to him and I've not heard a thing :mad:

Contacted ebay last night, told them everything and they basically said they are treating it as theft and to contact the police :eek: Seems it's quite common.

Kicking myself now!!!! Really need to be extra careful when printing out postage labels, and to drink three coffees before! Shall be having a few vodkas and cokes tonight!
 
lakitu said:
I'm surprised (but glad) eBay took this stance. I take it all communication was through eBay and this has helped your case?
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Yes, everything was through ebay. I've got a url to give the police, and the transcript of our chat.

I'll be writing everything down for the police and will pop in to see them tomorrow. Not really looking forward to it, but people can't get away with this stuff. I've been trying to come up with reasons why the buyer has stopped talking to me, but after two weeks you'd think I'd get something back. Even if he was going on holiday, you'd think he'd have told me the parcel would be sat at his house not going anywhere. It's just the not knowing!
 
I would presume that you've had to refund the buyer of the phone by a Paypal refund? And that the payment for the GPU is now in your bank?

The police won't be interested as it's a civil matter.

He's signed for a parcel he wasn't supposed to receive and then stopped replying to your emails so you are going to have to pursue him through legal means. Try contacting your local citizens advise for info on how to take him through small claims court.
 
You've got his address, and you're obviously concerned something's happened to him - he might have collapsed in his house or something. I'd advise popping over to check. You might need to take a crowbar to smash his face in pry his door open in case he's unconscious though.
 
Best thing to do it send a registered letter to the individual stating that he has 7 days to return the phone to you. Don't get involved with waiting for him to send on to the other person etc.

Put in the letter that if it's not returned within the 7 days, further action will be taken, up to and including criminal charges as deemed fit by local police force.

That way your keeping up all the communication lines, also send a copy of the letter to the buyer of the phone to keep them in the loop. Give it 7 days, and then go to the police.
 
glen8 said:
The buyer of the phone has been very understanding, but their patience is wearing thin.

I'm going to refund them today
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I wouldn't refund yet

If you do, and the other chap does decide to send the phone on to him, then you have no mechanism for getting the phone buyer to pay you. Short of court action (but then where's your proof the other guy posted it?)
 
Yeah I would have asked him to send it back, not forward it on on your behalf. However that is kind of a moot point as he clearly had no intention of posting anyway.
 
Telescopi said:
Is it not theft?
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Yes but really the police only get involved if its a theft by assault, break in etc... in matters like this it is hard to prove theft. So they tend to say it is a civil matter.

Cases like this often devolve into a "he said" "she said" arguement with very little real physical evidence. Remember emails and so on can be fabricated... a broken window with finger prints etc not as easily.
 
Did the phone parcel have the other person's name on it? If so, and the guy has opened it, he's committed an offence.

http://www.legislation.gov.uk/ukpga/2000/26/section/84

In fact:
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
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and
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
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Might be worth a mention in the solicitor's letter. I'm sure the threat of potentially 6 months in prison or a £5k fine will prompt him to return it (even if it's very unlikely to come to that!)
 
AtreuS said:
Yes but really the police only get involved if its a theft by assault, break in etc... in matters like this it is hard to prove theft. So they tend to say it is a civil matter.

Cases like this often devolve into a "he said" "she said" arguement with very little real physical evidence. Remember emails and so on can be fabricated... a broken window with finger prints etc not as easily.
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Completely untrue, have you ever actually gone to the police with a matter like this as it sounds like you are talkin out of your bum :D

OP you should go to the police if you have not already.
 
I'd just phone the police with the evidence trail from ebay - chances are they'll just knock on sometime in the next week and the guy will give in, it's one thing bluffing you but quite another toughing it out when faced with a policeman at your door.

If he has the brass balls to lie to the police they may not pursue it, but that's a big if.
 
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