Advice - any other steps I can take? (Legal Issues)

[Gaffa]

Hi guys... Need some advice here. Already got things planned out in my head, but want to see what you guys say as I'm sure there's some that have been through this before.

Paid for a broken Dboys Scar Light from "Goudie" - note, a somewhat reputable seller, and money went out of my account on the 28/4. Since then, Goudie's online time has been very limited (once a few days ago) and payment was made via Bank Transfer - the only option he was willing to accept.

It was only £75, but that's still something.

Since the money went there was no contact... I sent a PM just over a week ago (I think) and 5 days ago, I got this back...

hi mate,

im not sure whats happened here as my ex wife, (only split a day after you brought the gun) posted it, now i have had little contact with her in the last few weeks, but she had shown me a proof of postage. hence why i have not been on here at all. Now she has told me the gun was returned to her address as a return to sender or something like that, i cant vouch for her as she has filled me with alot of shit ect, but she says it according to the post office it had been attempted to be delivered 3 times before it was returned to sender??? not sure what to say? any way i will be at hers tonight and i will fetch the gun, can i please have a confirmation of or address and post code and i will send it out asap, but it was sent i have personally seen the proof of postage.

im so sorry this mix up has happened, i have had little to no control over it tho,


, dave

Now as far as I'm concerned, here's a few points I'd like to make.
1) I dealt with you, not your ex-wife. It is your responsibility, not hers.
2) I was not shown proof of postage, and I'm the party which matters.
3) Why was proof of postage the reason you haven't been online?
4) Why would the post office say that attempted deliveries have been made? Isn't that RM's responsibility?
5) No delivery attempts were made, as I have received various packages over this timescale and none was the Scar.

I have given my postal address (note - again!) and await the package... but things don't look hopeful.

Anyhow, I've been in touch with Barclays, through the various divisions, been on hold many times, had trouble understanding several accents, to be told that Barclays can't really dispute the transaction. Great stuff.

I'll be heading into a local branch to see what can be done. (Should I - or more waste of time?)

Now here's where I'm asking for advice. Many people on here have dealt with me; I have 170 successful deals and that's from 149 separate, individual people (so dealt with same people more than once to make the extra 31). Should I-
1) Get in touch with Citizens Advice and see what they offer? It's free, so why not?
2) Print off the sales thread. (Good job I can still see it, as a moderator!)
3) Print off as much unedited proof as possible.
4) Send this to Merseyside and Cambridgeshire Police asking them to advise me.
5) Following this, head to small claims court?

I really can't think of anything more, but in a time where funds have been desperate, things have been quite bad to be honest.

[N_Scooby]

Re: Advice - any other steps I can take? (Legal Issues)

I don't think it is a Police matter. They would say it is dispute between buyer & seller so is a civil matter.

Barclays can't do anything as you authorised the payment. They would step in if it was fraudulent or un-authorised.

The CAB with all the evidence printed off should be your next step. You would have to pursue it through the small claims court - not such a big deal to do, that is what it is there for (never done it myself yet). The CAB advisors should be able to talk you through all the stages. You will need his full name and address though so the court has somewhere to send the summons.

[LukeMauger]

To be honest, its only been 5 days since he said he'd repost it. I assume you have contacted him since to find out if he did actually post it? Has he been online to reply?

It may be worth listing him in lost souls and try to get a phone number. Give him a call and see what's going on.

Otherwise civil advice may be a good start since its free!

Luke

[Gaffa]

Re: Advice - any other steps I can take? (Legal Issues)

Hi Luke, I have made several attempt to contact a phone number I was given by another member on here. I also have an address for him too. Perhaps I should've stated that in the first post, and thought a little more about what I was going to do (write a letter to him, at the address I have).

Thanks Scooby, realised that one now. Thanks man.

[kurt458]

Re: Advice - any other steps I can take? (Legal Issues)

the police can deal with it as theft as the item has not been giving resulting in theft.

supply them with all the infomation about the tread PM's and messages and so on they will go to his house andsort it out

[LukeMauger]

Oh ok. Apart from paying him a visit, not a lot more you can do there!

In that case, as mentioned its a civil case so police can't help.

You seem to have enough evidence to help your case.

Take it all to the cab and you should get it back through court. It won't be a speedy process though unfortunately!

Luke

[MAJIK]

Re: Advice - any other steps I can take? (Legal Issues)

At the end of the day Gaffa do you really want to go to court with him for £70?

Id pay him a visit and get the £70 quid back (obviously it wont be the same £70 but you can still get it back).

Thats what id do.

Dom

[kurt458]

Re: Advice - any other steps I can take? (Legal Issues)

but a smalls claims coourt will be easier

[kurt458]

Re: Advice - any other steps I can take? (Legal Issues)

he will have 2 options ethier return your money before court dates and that or he will have to pay for court fees 2

[LukeMauger]

The issue with paying him a visit is neither of you know the other!

And if he just says no, you waste a trip

[N_Scooby]

Re: Advice - any other steps I can take? (Legal Issues)

You are welcome Gaffa. It is not right that this has been done to you but as Luke has said this would seem to be out of character for Goudie so maybe a letter stating the facts that you understand that he may be having a bad time but you would either like your money back or the Scar delivered.

Hopefully one of his friends may see this thread and give him a kick up the arse that he needs. I was lucky when I had a dispute over non-delivery and the seller mucked me around (he admitted in the end he never posted the pistol) I contacted one of his friends from his profile page and they gave him the gee up that was needed - I got my refund.

Good Luck.

[N_Scooby]

Re: Advice - any other steps I can take? (Legal Issues)

the police can deal with it as theft as the item has not been giving resulting in theft.

supply them with all the infomation about the tread PM's and messages and so on they will go to his house andsort it out

Only in an ideal world. The Police really don't have time to do this. The small claims court is designed to sort problems like this out. If he had done this to many people then possibly the Police may get involved.

[caffin999]

Re: Advice - any other steps I can take? (Legal Issues)

print off all the info you can find. give him a few more days but pm him telling him how you feel like you are being scammed.

Then if it doesn't show up get the police involved if you can?

if not small claims court would be the best option. Hassle but if you can prove it you will get everything back including fees etc

[Gaffa]

Re: Advice - any other steps I can take? (Legal Issues)

Yeah, I don't think I can LOSE anything by contacting the police and informing them of the situation.

As far as I'm concerned, by the way, if you know that you're soon to be going through a difficult time with a divorce etc, then you should not commit to such deals. Furthermore, it doesn't take much for one to say "By the way, before you pay, can you please understand I'm having a difficult time with my missus' so if there are any delays, that's why".

[-=256=-Swerve]

Re: Advice - any other steps I can take? (Legal Issues)

I'm not sure what the police would do other than advise you to follow all legal means to either recover the goods or get a refund, as it stands it is still a dispute over a sale.

If you can demonstrate to them that deception and theft has occured, then they can raise a crime number and follow up on it. I'm not an expert but as far as I know, you need a crime number for them to follow up on.