posted on September 21, 2000 05:55:18 PM
Once again I am asking a curious question, not to insult or attack anyone living or dead...but in regards to a previously locked thread- if a person pays you for merchandise (even if it is not the way you want it paid - and that canbe aggravating, I agree...) if you don't send the merchandise and don't return the check couldn't they claim fraud?
Curious George...I mean,
Teresa [email protected]
posted on September 21, 2000 06:02:36 PM
Good question. I'm assuming you mean just keeping the check -- not cashing it -- in order to avoid the cost and hassle of sending it back.
And in this case, the seller specifically said she does not accept checks. I would think that the buyer would at least be responsible for sending her a self-addressed stamped envelope, since she specifically said she doesn't take checks.
I presume that someone in a business transaction would be understood to have the business acumen and financial wherewithall to spend 32 cents for a stamp, and return it.
In so far as the legality of NOT returning the check, I'd check with your attorney, or maybe even http://www.ftc.gov
I do NOT think it is wise to hold on to the check; when similarly in a situation where I had to return payment, I would VOID the check, made a xerox copy, and return the document via certified mail.
posted on September 21, 2000 06:36:41 PM
I once sent a check to a "newbie" seller.
They e mailed about a week later and said they couldn't cash it because it was out of state.
(They didn't think to say "no checks" in their TOS)
Worse, he said he tore it up because he was so frustrated.
Being to stop payment on the check would have been almost as much as the check was written for, I decided to just send him a Money Order.
So strang ethings happen that you can't predict.
Depending upon the amount of the check, if a buyer said they would give me a MO when I mailed the check back I would just mail the thing back.
I would probably mail it back regardless of the amount.
Writing "void" and a return receipt is a very good idea too.
I would think it would be fraud if the seller admitted they received your check but didn't send the item or the check back.
It would be worth the 33 cents for me not to find out, that's for sure.
lets concider this you write a $100 or $500 check to someone for something and sent it to them but they didnt want to accept your check and wont send goods you are paying for.
and they dont send this check back heck why waist the .34 for a stamp. well this check is signed made out to them they could cash it anytime they want.
forceing you to go or call the bank and cancel this check the bank will charge you a fee to cancel it pluss the time it takes.
this is more then just fraud to ask for another form of payment and not send back a valid check its theft and if its for $1000 or more it grand larceny.
as long as funds are in a bank once a check is made out and signed it is as good as cash there is no 72 hour waiting period if you take this check to the bank it drawn on they give you cash for it.
if this check should some how get lost or if you just tossed it and it some how got cashed even if you didnt do it.
also have to ask your self how it would make you feel if you were the buyer and the check was yours
in my opion there is no such thing as aggravating money be it credit card payment or check.
everything in this business or any other is not about mkaeing the seller happy.
lets get this straight business is where the costumer pays you its about makeing him or her happy burdon is on you the auction host to make there deal the best you can.weather by check, money order or credit card or cash.
and the whole thing is about trust the frist person who trusted was the buyer they bid on your item they dont know you at all then they trust you again and send you cash with out goods trusting you to send it.
trust them back no matter how they pay and ship there item. all you are really stateing in a auction listing is you have this Item to sell. buyers bid trusting there money is green to you no matter how they can get it to you.
yes people do write checks that bounce but most of the time they dont and wont cause the charges on them for bounceing these check is high my bank charges me $20 for each check I bounce and normally the person who it bounced on charges me $20 and up as well. so if I sent out a $20 or more check that bounced this adds up big time one bad $20 check will cost me $60 and more then likely put me on the do not accept checks from list.
posted on September 21, 2000 07:23:06 PMif you don't send the merchandise and don't return the check couldn't they claim fraud?
Looking at http://www.ftc.gov/bcp/conline/pubs/buspubs/mailordr/howto.htm on the FTC's website, it is clear that receipt of a check only obligates you to fulfill a customer's order if you accept personal checks: "The 'clock' on your obligation to ship or take other action under the Rule begins as soon as you receive a 'properly completed' order. An order is properly completed when you receive the correct full or partial (in whatever form you accept) payment, accompanied by all the information you need to fill the order. emphasis added.
If the eBay auction listing specified the forms of payment accepted, and checks were not listed or otherwise stated as being accepted, then the FTC's rule wouldn't apply. There is nothing in the rule that says the uncashed check must be returned (there may be other State or Federal laws that impose that requirement, although I'd be surprised since that would impose a financial burden (albeit slight) on the seller).
If the eBay auction listing did say checks were an accepted form of payment, then the FTC rule on shipping merchandise applies. However, it would be easy for a seller who didn't cash the check to simply claim that they'd never received it, and in the absence of any proof to the contrary the seller would not be legally obligated to ship the merchandise.
