So ive been screwed out of £1550! :(

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Get in touch with your solicitors. Or tell him you have.
The guy sounds like a total buffoon. It's possible he'll **** his pants at the sight of something official.
 
Right, just phoned.

me: Hi Phil, its Luke...
Phil: Alright Luke, how ya doing mate. Were going to issue the refund tomorrow for you
Me: £1200? and how will i receive paypal or cheque?
Phil: Cheque
Me: 1st Class Delivery?
Phil: yes
Me: So i should receive Thursday then?
Phil: what day are we on today? Tuesday?
Me: Yes, so i should get Thursday via cheque?
Phil: Thursday, yeh!
Me: and this is definate now? because i have been waiting patiently along time for this mate, i havent gone to the OFT etc because i thought we had an understanding on a personal level.
Phil: yes mate, 100% definate you will get it Thursday. You have to understand me and my business partner both need to counter sign cheques and i have been away so he cant do anything without me.
Me: Ok then, i look forward to receiving the cheque, cheers, cya.
Phil: cya mate


soooo... thats where it stands. It could be one of his lies again or he could be telling the truth. He has never 100% guaranteed me anything! So for him to say this sounds quite possible.
 
In the first instance if this happened to me I would defo' gets the lads together and get down there to sort him out. Wouldn't put up with this for a second.

But, obviously that's not the option for everyone. Personally, I wouldn't lie about it. If you lie about the claims court/police/trading standards etc and he doesen't buy into it, you're rather buggered. I'd seek legal advice on this one before doing anything. Definately record all calls/letters from this point forward.

EDIT: Ah you've already done it. I have that gut instinct that your doorstep will be empty bar a circular or two come Thursday morning. When they involve "business partners" this usually indicates that they're still trying to have you.
 
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Shep_Cobain said:
" I have spoken with small claims, trading standards, my solicitor and the Police and they said i am well within my rights for a full refund etc. " - just to scare him.
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You will look like silly.

Small claims - there is no such thing as a small claims court - you bring a small claims action. 'spoken with small claims' means nothing.

trading standards, my solicitor - if you've spoken to your solicitor why speak to trading standards? Get it sorted one way or the other.

and the police - this is a civil matter at the moment. There's no imputation that he's done a runner with your money - he's still talking to you and willing to give you your money back (he claims). If you went to the police they'd most likely tell you to go away and certainly wouldn't start to give you civil law advice - they barely know what they're talking about when it comes to criminal law.

If he has a clue about legal issues he'll know you're lying and lying badly at that. This will not make him more likely to get the refund put through any quicker.
 
I would have told him "ok cool, i am to recieve the cheque by thursday....but if i don't i will be calling my solicitor."
 
Not sure if this has been said already but when you signed for the original delivery the shipment weight will be recorded in the records of the courier. If the weight of the return shipment matches up then surely you have a case to go to court with to receive a full refund?
 
weringo said:
Not sure if this has been said already but when you signed for the original delivery the shipment weight will be recorded in the records of the courier. If the weight of the return shipment matches up then surely you have a case to go to court with to receive a full refund?
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When the guy sent the jeans to me he put a net weight of 1000kgs max and same when he collected them.

So.... i have nothing to go on except that if the pallet weighed more than 1000kg's they wouldnt have delivered them.
 
To be brutally honest if this is how you conduct your business then i dont see you staying around for long.

Id have been on his case after a week had gone by. The world is full of "del boys" like this. The old "sorry cant do it as my business partner is away" routine is so old im sure the egyptians used it when they did business!

You need to grow a pair and take your business seriously, if you dont then you will end up being everyone's mug.

I am self employed and because of that i have to be extra careful how i get paid.. and more to the point be careful that i actually GET paid at all. Ive seen it all from small business... lost cheque book, accountant away, cant do the payment till next week as its an audit blah blah blah... I give them 7 days then send my standard { pay up or else } letter and if i get no joy after another 3 days im down to the door and making myself known. It works wonders when they know you are NOT a mug and you WONT go away.

Sorry for being harsh but 70 days? are you for real? :eek:
 
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You should have told him the following

1 - Please send cheque by special delivery to guaratee delivery
2 - Failure to issue cheque will result in you taking legal advice, the following action will be taken
(a) Issue Small claims proceedings for the full amount of £1,550 and then if not settled then
(b) File Bankruptcy proceedings against him

2(b) is the last thing you want to do though as if you suceed then you can kiss your money good bye but the threat should make him pay.
 
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AtreuS said:
To be brutally honest if this is how you conduct your business then i dont see you staying around for long.

Id have been on his case after a week had gone by. The world is full of "del boys" like this. The old "sorry cant do it as my business partner is away" routine is so old im sure the egyptians used it when they did business!

You need to grow a pair and take your business seriously, if you dont then you will end up being everyone's mug.

Sorry for being harsh but 70 days? are you for real? :eek:
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to be honest... the business partner is away is genuine. I have his direct contact number and his voicemail said he was on leave. I was on his case a week after buying the jeans. They were then sent back and were with him 2 weeks after. I have already threatened with legal jargon etc. but to no avail. Obviously if i dont get the refund on Thursday i will phone and say i havent got it. If he assures me he has sent it out then fair doos. If he hasnt sent the refund out and says hes forgotten to i will then nip to my solicitors.

At the end of the day your advice is crap. Thanks for giving it, but it doesnt help me. The moral of this story is.... i should have gone through Paypal. They always favour the buyer and give a refund. They would have instructed me to send the jeans back with a tracking number and after 20 days they take matters into their own hands and 99 times out of 100 give the buyer a refund.
 
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Shep_Cobain said:
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?
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You still need evidence, Get the whole convo recorded next time, Build up some evidence, You have his phone number to maybe they can trace him and that may get them an address.

The fact that he admitted and offered a refund should be enough evidence if you have it recored.
 
Shep_Cobain said:
The moral of this story is.... i should have gone through Paypal. They always favour the buyer and give a refund. They would have instructed me to send the jeans back with a tracking number and after 20 days they take matters into their own hands and 99 times out of 100 give the buyer a refund.
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Exactly, learn from this and move on. You'll know never to make the same/similar mistake again.
 
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