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Help? Buyer won't pay me

  • 17-05-2012 3:03pm
    #1
    Registered Users, Registered Users 2 Posts: 887 ✭✭✭


    Hi all, I need some advice...

    I recently had 2 electrical products for sale. So I got a guy ringing me wanting to buy them. So he lives in cork and we agreed that I get it delivered down to him and he to pay €340 cash on delivery.

    So when I brought goods down to parcel service to get them sent down they were looking for €40 to get cash on delivery service, so me not expecting it to be that pricey and hadn't got €40 on me, so stupidly i had to go with the €25 option of just straight delivery with no cash taken.

    So I rang the guy asking could he send me a postal order he said that's fine. So package arrived to him and basically 3 weeks later I never received payment.

    I rang him and he said he sent it in cash in an envelope. As if I am to believe this so he got it all ratty saying " well I sent it do tough business". I kept at him saying no way did you send payment, called him a crook etc & threatened legal action.

    Now I know I was stupid in doing this and believing he be a good guy in sending the money but what can I do? I know it's only €340 but its mine and money tight at the min so need every penny I can get...

    Can I do legal proceedings in a way it won't cost me more money than the items itself? Or is their anything else I can do before it turning out that I go down to his front door

    Could I get gardai involved?

    I need some urgent advice

    Thanks all


Comments

  • Registered Users, Registered Users 2 Posts: 2,090 ✭✭✭BengaLover


    You dont say where this sale took place. ebay, adverts done deal etc.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    Until you have the money he owes it to you. You sent the goods, so you know where he lives? If he sent cash he would register it as proof. But it wouldn't prove what was in the envelope and the Post Office won't accept cash in any case.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Can I do legal proceedings in a way it won't cost me more money than the items itself?

    You need a solicitor, only they can answer that question.
    Or is their anything else I can do before it turning out that I go down to his front door

    Not a good idea.
    Could I get gardai involved?

    No, not paying you for something you willingly gave to him is not a criminal matter.
    I need some urgent advice

    Solicitor or walk away. Those are your only options.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    As above, consult a solicitor.

    Don't go to his house. Never a good idea to make a long travel down to someone's door to demand money. If he reports you to the guards for harassment it won't do you any favours.

    At the moment it's a civil matter and guards won't be interested. If you want to pay the cost of a solicitor to recoup the money then fine. Most likely will end up paying the solicitor more in the long run anyway. They guy will just ignore the solicitor or inform him that he sent the money via post but didn't get a record of postage.

    Expensive lesson learned to not trust anyone to send you on money after they receive goods I hope. Money first or meet up and swap.


  • Registered Users, Registered Users 2 Posts: 887 ✭✭✭steirishrover


    Sold it from gumtree. I have his address and mobile number.

    Yeah he said he sent it as cash which was a ridiculous statement. No way did he.

    What about small claims court or any other ways about it?


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  • Registered Users, Registered Users 2 Posts: 2,090 ✭✭✭BengaLover


    You dont really have any comeback on this - you sent goods without getting payment first.


  • Banned (with Prison Access) Posts: 15 Cracker_Jack


    What you did was foolish. You never rely on someones honesty like that. You must always insist on payment before shipping an item! I hope I haven't offended you. I cannot understand why the payment upon delivery is an accepted method of payment when clearly its open to abuse like this.


  • Registered Users, Registered Users 2 Posts: 887 ✭✭✭steirishrover


    Looks like my only option is a knock on the door


  • Registered Users, Registered Users 2 Posts: 6,893 ✭✭✭allthedoyles


    What is the point in knocking on his door :
    • You have no proof that you sent the parcel
    • He has no proof that he sent the cash
    • You have no proof that he received the parcel
    • He has no proof that you received the cash


  • Registered Users, Registered Users 2 Posts: 887 ✭✭✭steirishrover


    What is the point in knocking on his door :
    • You have no proof that you sent the parcel
    • He has no proof that he sent the cash
    • You have no proof that he received the parcel
    • He has no proof that you received the cash


    I do have proof it was sent, I have delivery docket from courier company.

    Plus he signed for parcel


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  • Registered Users, Registered Users 2 Posts: 28,731 ✭✭✭✭drunkmonkey


    I do have proof it was sent, I have delivery docket from courier company.

    Plus he signed for parcel

    And he said he sent the cash in an envelope. Rover I feel sorry for you but I can tell you right now you may write that money off to experience. It's a sickener but there's nothing else you can do.
    Dropping down will do you nothing, he'll just tell you to get fupped as far as he's concerned he's sent the money and you can't prove any different.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    I do have proof it was sent, I have delivery docket from courier company.

    Plus he signed for parcel

    Going to his house could lead to you being arrested. You have nothing. Having proof of sending something to him is useless, as there's no proof he was ever going to pay you. Even if you did have that, this is a private sale, and as such there is nothing you can do.

    You gave your product away, it's as simple as that. If you're not going to consult a solicitor then there's nothing else you can do and you may as well give up.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    If you go knocking on his door then the guards can get involved. He simply rings them and tells them you are harassing him. Which you will be if you travel all the way down to knock on his door. You will have no excuse and could find yourself at best cautioned for it and at worst arrested for it.


  • Registered Users, Registered Users 2 Posts: 7,305 ✭✭✭CantGetNoSleep


    If this was me I would bug him so much that he has to change his mobile number.

    I would also send taxis/bags of coal/pizzas/whatever I can think of to his home address


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    when sending parcel, did you have to say what was in it and the value of item in it, i always do this also i insure it, did he tell at the post office that he had cash in envelope to the value of what he was sending you, as it is only right that ye insure the cash and have the regieseration documentation with you.
    if not, i think you are flogging a dead hrose here


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