Sold as new, wasn't new, was ex two tone

[Trouble]

The previous threads were deleted because somebody said something they were not ment to to the moderators (along the lines of 'you're not doing a good job of moderating'.)

But the result of it all is, if anybody is still interested... The seller stopped responding to me and paypal. Paypal gave me a full refund and I am sat here with an ex two-tone TM MP5k that is of no use to me.

[colinjallen]

Re: Sold as new, wasn't new, was ex two tone

Put it up for sale.

[Muzlie]

Re: Sold as new, wasn't new, was ex two tone

Be the bigger man an offer to post it back to him (at his expense)


Sent from my iPhone using Tapatalk
Excuse my spelling

[tackle]

Re: Sold as new, wasn't new, was ex two tone

Surely, in view of your total refund, you should be returning the mp5 to its previous owner ?, at his expense obviously.

[Trouble]

Re: Sold as new, wasn't new, was ex two tone

He won't reply to emails. He wouldn't give me his address.

I'm undecided at the moment. He will then do what? Stick it up on Facebook (or on here as the moderators will not stop him) and try the same trick?

Nah, I don't think he should have it back it's not fair on whoever will fall for it being listed as new again.

I'll probably end up taking Ł60 all in for it, it fires fine, it's a Marui, it's just an ex two tone that's been very well resprayed...

[Boo-Sabum Ben]

Re: Sold as new, wasn't new, was ex two tone

At the end of the day, you now have property you haven't paid for. What you should do is leave it in the corner, wait 90 days for the guy to calm down and come to his senses, and then send it back if he still wants it

[Trouble]

Re: Sold as new, wasn't new, was ex two tone

At the end of the day, you now have property you haven't paid for. What you should do is leave it in the corner, wait 90 days for the guy to calm down and come to his senses, and then send it back if he still wants it

I'm not sure on the legalities. Or whether Paypal have taken money from him. He has stopped communications, he may not have money in his account in which case paypal have refunded me, not taken from him.

It's no use to me, and if it is sent back he may well then have the money from the sale AND his gun back. Nah, can't do that. In this case paypal will hold negative balance in his account that he will not be able to use unless it is paid back.

I'm undecided. He ceased coms two weeks ago, so...

[colinjallen]

Re: Sold as new, wasn't new, was ex two tone

Given the way that PayPal works, it is possible that the seller still has the money. If the seller is refunding the money, they usually require the buyer to return the item unless it is counterfeit.

Unless PayPal have required you to return it, you probably do not need to.

[Chewybacka]

Re: Sold as new, wasn't new, was ex two tone

My humble opinion, talk to police, might be classed as lost. Then should no one claim, you get it, then perhaps sell and give money to charity.

[tackle]

Re: Sold as new, wasn't new, was ex two tone

He won't reply to emails. He wouldn't give me his address.

I'm undecided at the moment. He will then do what? Stick it up on Facebook (or on here as the moderators will not stop him) and try the same trick?

Nah, I don't think he should have it back it's not fair,
I'll probably end up taking Ł60 all in for it, it fires fine, it's a Marui, it's just an ex two tone that's been very well resprayed...

Be very careful, you may be breaking the law by selling it on, yes we know what he did was underhand, & possibly broke some obscure laws related to the vcra, but its likely that if you sold it on you would break clearly defined laws regarding ownership & permissions, meaning he could then make criminal allegations against you......its a big risk to take, even if you are feeling like the wronged party.
As bsb said, send some clearly defined calm messages via here, email, & maybe even FB, stating that you will send back at his expense, but if you receive no response, you will dispose of it how you see fit in 90 days, best to cya.

[Trouble]

Re: Sold as new, wasn't new, was ex two tone

I have spoken to PayPal resolution center who have said that they do not require me to return the item and I am under no obligation to do so as they received no correspondence from the seller during the dispute period.

Also looking on ebay message boards it seems to happen a lot, as many examples can be found from users saying "If the seller did not respond to the case then ebay award the refund and normally the seller loses their item too.
If you want to return it, then ask them to send the postage to do so. now you have been refunded, ebay will not force you to return the item."

It's seems to be common that paypal often reward "a courtesy refund, in which case the seller still has your money, so has been paid for the item so you certainly don't need to consider returning it."

So meh, he had his chance, I attempted to get his address to return it at least 4 times. He tried to pull a fast one, and he probably still has the money anyway.

TM MP5k for Ł60 anyone?

[Boo-Sabum Ben]

Re: Sold as new, wasn't new, was ex two tone

So, after asking everyone, you're just gonna go with what you wanted to do in the first place? Was there really another need for yet another thread on this issue?

[Trouble]

Re: Sold as new, wasn't new, was ex two tone

So, after asking everyone, you're just gonna go with what you wanted to do in the first place? Was there really another need for yet another thread on this issue?

This discussion forum is a weird place.

Seller rips off buyer. Buyer shares with forum. Moderators don't like. Thread deleted.

Buyer gets refund from paypal, shares with the forum as some were interested and the knowledge may be useful for the community in the future.

Some exchange opinions (keep it/sell it/send it back (if seller (conman) will even reply)).

Buyer decides to contact paypal and research on internet, shares findings and what paypal told him.

Someone who makes 4+ posts a day for 5 years says the whole thing is a waste of his time.

This shit is good, I'm off to bed. Good night all, play nicely.

[Chewybacka]

Re: Sold as new, wasn't new, was ex two tone

Long live the revolutuion

[Comicbook Hero]

Re: Sold as new, wasn't new, was ex two tone

I have some experience in this area.
Disclaimer! This isn't legal advice just some advice based on experience.

First off any legal arguments are likely to be civil and not criminal. If he was to report the matter of you keeping the gun in the circumstances you describe, to the Police, he would be told it is not a criminal matter and to seek civil redress.

Civil law is a lot more flexible than criminal law with the burden of proof being lower and most things being based on reasonableness.

In your circumstances, if it were me I'd do something like this:-

1: email him stating that you are willing to return the item if he sends you the postage. Detail in the email that you will wait 28 days for a response and if you have heard nothing by then he has indicated he has ceased all legal rights of ownership of the item.

2: after 14 days resend the email as a reminder if you haven't heard anything.

3: after 7 days resend the email and confirm that he has 7 days to claim the item.
At the conclusion of the 28 days send a last email documenting that nothing has been heard from him and you take from his silence that he has given up his rights as the owner of the item.

After that you can dispose the item as you see fit.

If, at a later date, he decides to take action against you, you can prove a reasonable course of conduct to return the item. Like I said, civil law is generally about being reasonable.

And lastly a reminder of my disclaimer. This isn't legal advice from a professional, just advice for my experience.