posted on August 23, 2001 08:53:45 PM new
I sold an expensive item almost 3 weeks ago. The total amount including shipping is a little over $400.00. It took him 18 days to get payment to us (we got it today, personal check) but it's $200.00 short.
After waiting this long and now this, I'm very tempted to send the check back and cancel this deal. However, I did get a good price out of this auction. Who knows if I could duplicate it if I ran it a second time.
He was nonchalant to begin with, saying he was going out of town and would mail the payment "next week" but it took him quite a bit longer than that. And how nonchalant can you get when the payment is $200.00 short?
I could tell him that I'm sending the check back, please send money order ASAP by such and such a date or the deal is canceled but that is changing the terms of sale a bit, since I said I would accept a personal check.
Or, I could deposit the wrong amount check (and wait for the rest), but that doesn't seem right. I don't think I should accept it since it is in the wrong amount.
posted on August 23, 2001 09:04:24 PM new
Hey LC.... sorry to hear about your dilema. Sounds to me like he's either [b]real[/] nonchalant or maybe just a few fries short of a happy meal. Maybe to some people $200 ain't much, but to a working class stiff with four kids, that's a bigggggggg chunk of change.
JMHO, but if you don't want to send it back and maybe re-list (I can understand that) maybe send him a notice that you got the first part of the payment and give him a firm deadline for the remainder to arrive. Also that since he violated ( i'm guessing here) your TOS that the merchandise will be held thirty days until the check clears.
Under NO circumstances would I deposit or cash the check yet. Put it in a safe place and just stare at it every day..
Hope you get it worked out. Don't ya just hate when you get a really cool high bid for something, and it turns out to be a buyer from another solar system...
Tim
honaker5 on ebay and elsewhere (in this solar system )
PS: what's his FB? Just curious......
[ edited by honaker5 on Aug 23, 2001 09:05 PM ]
edited again for UBB-DUH
[ edited by honaker5 on Aug 23, 2001 09:06 PM ]
posted on August 23, 2001 09:16:23 PM new
Of course you would need to check with an attorney to determine the applying statutes, etc. That said, I believe I recall there's a principle in some states at least that pretty much requires the merchant or seller, on accepting a payment even if only part of the expected total, to deliver the item to the customer and worry about the balance later.
Of course, there's lay-away with a deposit and such transactions, but in general I think you give up significant rights if you accept and deposit a check that's not the full payment if it's not agreed as a deposit... I recall that was quite relevant one time I had a B&M bounced check for $200 or so and the deadbeat tried to get me to take a $20 cash initial payback. If I'd accepted, I'd've lost all rights to prosecute for the bad check and been left with only small claims court for recourse.
I guess you might hold the check undeposited waiting for the full amount, but you'd be safer to return it and set an ultimatum for the time frame to receive the full $400. It sounds like you hear a little voice saying "Be careful. Demand a MO. Lose the sale if you must." Maybe you should listen to it?
posted on August 23, 2001 09:21:30 PM new
That's another screwy part of this deal. He has perfect feedback in the 300's. Looks like for mostly buying but I'm not going to look at it in depth. He has no bad marks.
But he hasn't lived up to that performance with me.
Just curious as to why it's definitely the wrong thing to do to deposit this "wrong" check?
Edited to add: pythOOn answered my question. Thank you.
[ edited by loosecannon on Aug 23, 2001 09:28 PM ]
posted on August 23, 2001 09:23:12 PM new
Dear Buyer,
I received your payment today for XYZ auction. Unfortunately, you inadvertently wrote your check for $200, rather than the $400 total amount due.
I can hold the item for you for another 10 days until Y date so you can get another check to me for the remaining $200.
If you would like to expedite the shipping of your item, you can also choose to use one of the on-line payment options I offer, such as PayPal, BillPoint or BidPay (LC, I included this not knowing what you might take or if you even take them!).
Sincerely,
LC
I would keep it like you feel he just quickly wrote out the check for the wrong amount but putting a deadline in there so he knows the clock is still ticking.
posted on August 23, 2001 09:30:26 PM newEventer Very well put. Good letter.
LC... I'm no lawyer, but I agree with pyth00n said about maybe losing your rights to demand full payment before shipping IF you cashed or deposited the check.
Maybe I'm just a little gun shy, but I don't think I would.... JMHO
posted on August 23, 2001 10:25:48 PM new
Eventer,
I agree with Honaker5 that that is a very good letter.
But since I'm a loosecannon I composed my own. It's not snotty or angry sounding, just firm. Since we need the money I gave him 7 more days instead of 10 to get this wrapped up. Here's what I sent:
Hello xxxxx,
I received your payment for the xxxxx but your check was in the amount of $212.00 rather than the $412.00 owed.
I can't deposit a partial payment.
I can hold the xxxxx for another 7 days only (until 8-31-2001) while I wait for the remaining $200.00.
But, since this transaction is now nearly 3 weeks old and not yet resolved, would you consider paying by credit card for the xxxxx? You can possibly use www.bidpay.com. Or, possibly overnite a money order? I really would appreciate a money order over a personal check. We did advertise that we would accept a personal check, but also said that it may require clearance time before shipment. Bidpay or a money order would get immediate shipment.
If you pay the full amount by credit card or money order I will of course either send your check back or tear it up. Your choice.
I'm hoping that you get this email quickly so we can get this resolved.
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