Suzyq
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posted on June 27, 2002 09:13:07 PM new
I need some advise - help. I received a check in payment for an item I sold, and sent the item before the check cleared - I know ---- anyways, the check bounced and my bank charges 20.00 for NSF checks, so I am out the 17.50 for the item, the 20.00 for the bad check fee and also the item which was a real bargain for the auction price. The buyer refuses to answer any of my emails, refuses to send back the item, and is now a "non-registered user" with ebay. Is there any other recourse for getting the seller to make good on the check and my bank fee? Thanks for any help you can offer me. Suzy
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mannyl08753
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posted on June 27, 2002 09:44:51 PM new
You have an address for the buyer. Send him a bill for the auction amount, as well as the fees your bank charged (if you said you would do so in your TOS) otherwise send the buyer a bill for the item. Send it with signature confirmation. Require the bill to be paid with a money order or certified check, do not accept a personal check. If the buyer does not pay you, then you can send it to a collections agency.
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bidsbids
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posted on June 27, 2002 11:37:12 PM new
Why waste the time of sending a certified letter with a bill? Just send it to the collection agency.
Here's my recent expierence with an online collection agency ...
http://www.auctionwatch.com/mesg/read.html?num=33&thread=25165
http://www.madagency.com/
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stopwhining
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posted on June 28, 2002 03:31:18 AM new
dont waste your time with collection agency.
call him and tell him you are contacting usps fraud and the local police.
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thchaser200
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posted on June 28, 2002 06:31:39 AM new
I would follow Stopwhinning's advice, you may not have to follow through on it, but be prepared to.
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bennybbb
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posted on June 28, 2002 06:50:26 AM new
Hi Suzyq:
Here is a little trick that works more often than not.
Write a note to the buyer telling him your sisters family (not brother, he might look) lives in XXXX (any town within 10 miles of buyer) and that you visit her several times a year, your next trip is in mid-July.
Explain to him the due $37.50 and try and make your note appear non-threatening. Do explain that you would like to have this matter cleared up before your vacation.
It usually works, even with deadbeats. Bad checks are illegal and prosecuting them is as simple as taking the original check to the local authorities. No charge. Most successful cons will only use this ploy at long distances and for amounts not worth persuing, which seems to be the case here. They are also very aware of the legal ramifications. If he believes you he will pay. Be nice and make him believe!
Good luck.
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sanmar
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posted on June 28, 2002 07:08:27 AM new
My only comment is for everybody: #1; Don't take personal checks. Or #2; Make sure they clear before shipping. Just think SuzyQ how much trouble you would have saved yourself. This is a lesson for all of us.
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bidsbids
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posted on June 28, 2002 07:20:34 AM new
Here's a true story about how helpful local authorities are to citizens on items regarding illegal activites.
My brother sells at fleamarkets and his friend and fellow flea market seller told him this story a year or two ago. The friend lives in Oakland and sells at the Oakland Colesium Flea Market on the north side of the Oakland Colesium. On a Thursday night his pickup truck was stolen from his driveway and he did all the things you do when you're vehicle gets stolen with the police department. Needing money, he borrowed his neighbor's truck for his usual Saturday flea market selling stint. The Oakland Colesium Flea Market is in a drive-in movie theater and he showed up bright and early to sell his stuff. Much to his surprise, some sellers pulled into the selling stall next to him in his stolen truck and unloaded a bunch of stuff to sell. Off to the snackbar to call the police and tell them the great news and lucky conincidence. What did he get as a response on the phone? Sorry, auto theft is a low priority and an officer would only come whenever the other higher priorites were taken care of first. The guy waited all day while a pair of car thieves sold next to him and then packed up what hadn't sold and drove off in the early afternoon. Finally an officer showed up and said he was sorry he took so long to arrive. A week later he got a phone call from the police telling him his stolen truck had be found the previous night and to bring $130 for towing and impound fees to retrieve his truck.
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sanmar
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posted on June 28, 2002 09:03:54 AM new
bidsbids; He should have waited about 10 minutes, called back & said "I just shot the SOB that stole my truck" The police would have been there in 2 minutes.
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bidsbids
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posted on June 28, 2002 09:20:02 AM new
 The guy's nickname is Tiny and he weighs 400+ so he might have tried confronting them and they may have ran off. Would have saved him $130 anyway.
Oakland is really a pathetic city no matter what mayor Jerry "moonbeam" Brown says. The city until very recently allowed hundreds of young motorists to take over large intersections late at night for weekend "sideshows" where some cars burn rubber and spin their cars in circles for hours late into the night and early morning hours. Calls to the police would get a response of there are too many of the violators and we can not risk harm to officers due to an insufficient number of officers available.
[ edited by bidsbids on Jun 28, 2002 09:20 AM ]
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Suzyq
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posted on June 29, 2002 10:32:48 PM new
Thanks everyone for your great ideas. I appreciate your helpful comments. I will try a couple of these and if I get lucky, I will let you all know.
Over and out
SuzyQ
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Libra63
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posted on June 29, 2002 11:42:32 PM new
Call his bank. Maybe you can find out when he will deposit his money and then cash his check.
When I send out my TOS I state -I accept Personal Checks, which I do not hold. When I write that I expect the money to be in their bank when I cash my check. I do not do lay-a-ways and holding that check is a form of that in my estimation. I have been excepting personal checks for many years. 30 to be exact and I have had only 1 bad check and the buyer wrote and told me before it happened and paid all my fees. I hope this streak continues. Most of my buyers pay by PayPal anyway. I like that better. It is hassel free.
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