Should I Get My Money Back ? ? ?

[ZOO!PYTHON]

Afternoon all,

Right, sorry to create such an unhappy topic but it had to be done.

As some of you may remeber, a (long) while ago i purchased a front magura louise disk brake from Gavyn L (lawson). Payment was sent fine and i was notified that he had sent off the brake, after about a month he had come up with numerous reasons as to why i hadn't recieved it ( packaging was destroyed so they couldn't send it etc.. ) Then after another month we sort of guessed it had been lost in the post. Now, until today, we have been arguing about should i get my money back or not. Now he see's it as - if he pays me back, he will have effectivly lost £60, so he has refused to pay me back. Now i don't see why i should pay out £30 and then get nothing in return?!? Surley i should get my money back as i recieved nothing? Paypal won't do anything as its been way to long becasuse of someone (which at first he said he would pay me back but now is refusing) so other than making him see that he owes me my money back, theres not alot i can do

Please leave your thoughts on the situation...

Mat

[ogre]

can't you claim from the post office?

[Walleee]

If gav provides proof of posting, he owes you nothing. unless you came to an agreement that the payment included guaranteed delivery, in which case gav should be able to go to his post office and claim the item was lost.

I doubt you did this, and it was probobly sent 1st class (if at all) but he should still have got some proof of postage from paying at the post office, if he can't prove he's sent it, the worst that will happen is he will be blacklisted.

You should probobly pay him a vist or give him a phone call, anytime i've done that with faggot 15 yr olds who have tried to f**k me about they near shit themselves.

[RicH_87]

even if the item isn't insured you can claim up to £30 back for a lost item, as long as you have the receipt you get when you post it.

so either he proves he's posted it and gives you your money back and claims from the post office, or you go round and get your money back and he cries about what a cock sucker he is.

either way, you should get your money back, or a replacement item.

[Token]

Sorry to steal the topic, but I bought a expensive topeak pump. Used it no more than 10 times and my mate snapped it. I've lost the receipt for halfords so can I still get another from them? Topeak are based in the US so bumming them is out of the question.

[Gavyn.]

I certainatly did have the reciept but it has been ages so i'll have to find it, anyone know if i can get another one so i can definatly gwet this guys money back to him?

I sent it first class not recorded but i asked specifically for the reciept incase anything like this happened.

don't see why i should be blacklisted as i've done noumerous deals since then all of which have gone well!

also he never asked for any form of postal insurance and i didn't really feel the need to suggest it either because £30 isn't really alot to insure.

i clearly can't replace the item unless i sent him my bb7 which i'm not to keen on!

Edited February 24, 2007 by Gavyn L

[tank_rider]

This kiddies is why i always post everything insured to some extent. I really don't see why i should have to pay extra to insure what im sending, i mean if you pay for a service and it's not delivered then thats fraud in my opinion, anyway thats for another discussion.

For the extra small amount for insurance it's always worthwhile.

[RicH_87]

don't see why i should be blacklisted as i've done noumerous deals since then all of which have gone well!

at the end of the day though, it's you that owes him, be it money or the item.

if you bought something from a bike shop, and you paid in full, then they turned around and were like "sorry mate it's got lost in the post" then you're not going to be happy about it are you?

as the seller you are responsible for the customer, so you have to have the moral decency to either refund the cash, or sort him out in some other way.

you can't just be like "too bad it's got lost, i'm keeping your cash anyway."

[craigjames]

at the end of the day though, it's you that owes him, be it money or the item.

if you bought something from a bike shop, and you paid in full, then they turned around and were like "sorry mate it's got lost in the post" then you're not going to be happy about it are you?

as the seller you are responsible for the customer, so you have to have the moral decency to either refund the cash, or sort him out in some other way.

you can't just be like "too bad it's got lost, i'm keeping your cash anyway."

gotta say he's got it right. he gave you money for an item, he hasnt got he item so why shold he have his money back.

he is owed either the item or his money. simple really.

[JT!]

Every item i ever send i send recored delivery, so i know when it gets there. I also make sure that i get more money back for the item than it's worth if i gets lost.

All senders should do that, it only costs 30p for recored delivery, so i would expect a full refund from the guy.

[Walleee]

I certainatly did have the reciept but it has been ages so i'll have to find it, anyone know if i can get another one so i can definatly gwet this guys money back to him?

I sent it first class not recorded but i asked specifically for the reciept incase anything like this happened.

don't see why i should be blacklisted as i've done noumerous deals since then all of which have gone well!

also he never asked for any form of postal insurance and i didn't really feel the need to suggest it either because £30 isn't really alot to insure.

i clearly can't replace the item unless i sent him my bb7 which i'm not to keen on!

I didn't mean to say you should be black listed, just saying that's the worst that can be done, Personally i'd say you've done your bit in sending it and it's just bad luck this time.

at the end of the day though, it's you that owes him, be it money or the item.

if you bought something from a bike shop, and you paid in full, then they turned around and were like "sorry mate it's got lost in the post" then you're not going to be happy about it are you?

as the seller you are responsible for the customer, so you have to have the moral decency to either refund the cash, or sort him out in some other way.

you can't just be like "too bad it's got lost, i'm keeping your cash anyway."

Shops have a responsibility under the sle of goods act do they not? private sellers don't have to worry about that or something, this is legally speaking of course, rather than morally in which case i agree with you to a degree.

[Gavyn.]

i'm not shop so stop comparing me to one.

i want this guy to get his money back as much as everyone else but, would you want to give your front brake to someone for nothing that is what i'll be doing if i give him his money back, i'll be more than happy to try and get royal mail to pay the money but i will not be so happy if it turns out i have to pay the money back myself and give my brake away

considering i've fallen out with my dad and have to leave my house as soon as i get a job/ leave school i'm in no financial state to lose any money regardless of how small, but i'll try my best to get it through royal mail if not it looks like i'll be out of money for a while.

sorry Gavyn

[SCOTTY___]

i'm not shop so stop comparing me to one.

i want this guy to get his money back as much as everyone else but, would you want to give your front brake to someone for nothing that is what i'll be doing if i give him his money back, i'll be more than happy to try and get royal mail to pay the money but i will not be so happy if it turns out i have to pay the money back myself and give my brake away

considering i've fallen out with my dad and have to leave my house as soon as i get a job/ leave school i'm in no financial state to lose any money regardless of how small, but i'll try my best to get it through royal mail if not it looks like i'll be out of money for a while.

sorry Gavyn

There's always a family issue or something wrong with money now days. Prime EXAMPLE OF AN EXCUSE!

[Nick Harding]

you shouldn`t really say that he is using that an excuse if he has family problems who are you to tell him thats a bad excuse?

If you dont send things insured then thats kinda tuff shit if it gets lost i know its hard but at the end of the day the reason they want you to insure things is so when things like this happen it can get sorted, if you cant get it sorted you`ll have to come to a compremise. you kinda have to look at it from both angles.

[Krisboats]

i'm not shop so stop comparing me to one.

i want this guy to get his money back as much as everyone else but, would you want to give your front brake to someone for nothing that is what i'll be doing if i give him his money back, i'll be more than happy to try and get royal mail to pay the money but i will not be so happy if it turns out i have to pay the money back myself and give my brake away

considering i've fallen out with my dad and have to leave my house as soon as i get a job/ leave school i'm in no financial state to lose any money regardless of how small, but i'll try my best to get it through royal mail if not it looks like i'll be out of money for a while.

sorry Gavyn

As far as i'm aware, its your responsibility as a seller to make sure it gets to him. If he were to take it to a small claims court he'd win hands down. If you didn't want this situation you'd have sent it with an insured delivery, it only costs a little bit more and the likelyhood of the royal mail paying you £30 for an uninsured item is slim, to put it mildly.

The only thing you can do really is give him his money back, then claim for the money for your lost item. But claims can take up to 3 months.

[Gavyn.]

Three months thats pretty rediculus.

if he took me to a small claims court there's a good chance he'll end up spending more on legal costs, even a silicitors letter would cost more than the 30 quid

I need to know though do I, or do i not have a legal obligation to get the item to his door, i'm being told so many different things now i just need hard facts, if so he'll get his money back and i'll try and make some sort of claim, but if not then surely i'm not responsible so therefore owe him nothing.

i'm pretty sure shops will have to sign something which says this but i haven't done anything like that unless signing up to trials forum involves that.

[Caleb]

havent read the whole thread but imo

gavyn has proof of posting then he should get the £30 compo from post office assuming it was sent first class

if he doesnt or was sent second class, mat should be refunded at least half to split costs , and just call it a day.

sounds to be no ones fault but if theres proof of posting then the problem is solved

[anzo]

If he took me to a small claims court there's a good chance he'll end up spending more on legal costs, even a silicitors letter would cost more than the 30 quid

Wrong, it wouldnt cost him anything to take you to court, as he can easily transfer the court costs to yours truely.

Seriously though, quit the f**king bullshit excuses and send the guy the BB7 which you have or come up with some evidence of sending the part, no one will believe 'I lost the receipt'. I keep ALL reciepts from everything I've ever sent simple because its a fail safe incase anyone tries it on with me.

About the 'stop comparing me to a shop'. Why shouldn't we? Its the exact same transaction. Put yourself in the other guys position, what would you expect from this? Just sit back and forget about it all? Not f**king likely.

If I were him I'd be knocking on your door about now, or be on the phone to mummy and daddy at home telling them that their son is a scamming fraud.

Send the stuff!

[Gavyn.]

er i think you got it wrong

he gave me 30 quid for a magura julie which i sent and has got lost in the post

he's not getting my front brake

i try to keep my receipts an stuff but it's quite easy to mix up a standard post office recipt with one you get at spar when you buy a bottle of juice so thats most likely whats happend

if i can find it or get another one which i might be able to i'll make a claim and he'll get his money back

i'd be happy to pay half and call quits as therefore we'd be losing equally

i'm going to ask my uncle tonight he's a lawyer so should be able to help me.

[Simpson]

therefore we'd be losing equally

I think thats everyones point...... your at fault.... so why should he lose his cash because you dont have the sence to post values un-insured and dont keep the recepit .....

[Gavyn.]

I think thats everyones point...... your at fault.... so why should he lose his cash because you dont have the sence to post values un-insured and dont keep the recepit .....

not everyones

i need to look and see if i still have the original convo because as far as i could tell i was being told to pay for the cheapest postage possible really

i may still have the reciept i haven't looked everywhere yet

thing is I never paid for recorded, i just asked for a recipt for what i had paid for.

Edited February 25, 2007 by Gavyn L

[Krisboats]

not everyones

i need to look and see if i still have the original convo because as far as i could tell i was being told to pay for the cheapest postage possible really

i may still have the reciept i haven't looked everywhere yet

thing is I never paid for recorded, i just asked for a recipt for what i had paid for.

Everyones apart from jakes

If you can't find the receipt for the postage, and he hasn't got his item, then he would certainly win at a small claims court. Because what you've done has amounted to little more than theft. Theres no proof of you having posted it and your refusing to give him his money back, at least, thats how it would be looked at by the court.

As for the msn convo... i don't really know whether a record of that can be used as evidence, as its too easily doctored. Just open them in notepad and you casn add words where you want. And as for saying get the cheapest possible postage... unless he specifically said "don't bother insuring it" then you don't have a case and you should refund his money, and then claim your losses back through the post office. If he did tell you not to insure it.... well then thats a different matter entirely and he's not got anyone to blame but himself.

But like i said, i don't know whether a recorded msn convo could be classed as evidence.

[Gavyn.]

ok i should have money in my paypal account tonight so i'll pay him back in full tonight then try to claim back the money if it's possible

seems like the most sensible option just now but i don't hold out much hope for getting my money back from rm

also advice for the future, if i say that i'm not responsible for any postage problems first off like what people do on ebay

will i have this problem providing i have proof

note to self, ensure i keep all the recorded delivery slips*

Edited February 25, 2007 by Gavyn L

[Krisboats]

ok i should have money in my paypal account tonight so i'll pay him back in full tonight then try to claim back the money if it's possible

seems like the most sensible option just now but i don't hold out much hope for getting my money back from rm

also advice for the future, if i say that i'm not responsible for any postage problems first off like what people do on ebay

will i have this problem providing i have proof

note to self, ensure i keep all the recorded delivery slips*

If you send it via recorded delivery, its very VERY rare that it will get lost at all

Edited February 25, 2007 by Krisboats

[Walleee]

There's always a family issue or something wrong with money now days. Prime EXAMPLE OF AN EXCUSE!

Aye as if you've never f**ked anyone about on a deal before!