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Its a tough break, but as far as I'm concerned Ti should swallow & admit he is wrong, not easy to do, but it needs to be done, its only a few quid FFS.
Ti person can you actually produce a receipt?
I have some sympathy for you as it is not your fault really but I always get a receipt from post office - I dont ask they all do this
I assume you have kept that - refund his money and claim.
I do sepcify recorded/signed for if it is a high value item so I think you have a point in that but with receipt = money back even if buyer is lying you will get them money back. You have nothing to loose if you sent them and kept the receipt..if you did not send or keep the receipt then THAT is your fault.
What a bellend, the guy hasnt got his CD's so you give him his money back, not difficult.
The fact you didnt get a receipt from the post office is your fault, not his.
What did you want, him phoning you when you were at the post office, reminding you to get a receipt?
From experience, I send most first class recorded. one guy after 12 days still hadnt received his battery and without hesitation (ok I did give it 12 days) I built up and posted a replacement. He was more than happy and spread my word further 😉 good karma is priceless
Your responsible for posting them and should account for the postage, he paid for good and received nothing. You have his cash.
This is very simple. In law the seller is responsible.
This type of thing has been through the small claims court hundreds of times, and is always resolved in favour of the buyer. In view of this guy's smug attitude alone I would go that route, just to teach the **** a lesson.
As pretty much everyone else has said Ti - you are in the wrong here legally & morally.
Do the decent thing & give the guy his money back
If the guy had posted you a cheque for the CDs & it never turned up, would you expect that to be your problem?
It always annoys me when eBay sellers/classified sellers 'offer' insurance as an option!
The insurance really isn't for the buyer - it's for the seller's protection!
As a seller, you [b]have to get the item to the buyer[/b] - fair enough include insurance in the P+P price, but don't pretend it's their responsibility to ask for it - it's the equivalent of them asking you not to set fire to the item before posting.......
You sold it, you posted it, it's yours still until the buyer has it in their hands.
DrP
wot DrP said.
Common decency & manners from a seller would suggest a refund.
I sold a singulator on here a few years ago under an old log-in, and I had bought it from someone on e-bay as a surly singulator, which is what I then advertised it as on here. When the buyer got it he instantly identified it as not being a Surly device (what a geek) and said he wouldn't have paid what I'd asked. Solution: offered him a half refund, which he agreed to, as when I looked on the Surly website it clearly wasn't a branded chain tensioner, but a generic, cheaper device.
Depends on the wording. If the seller says "£20 posted". Then to me the onus is firmly on the seller to ensure the item arrives in the buyers hands. i.e. the risk is the sellers (plus to cover himself).
If the seller says £20+post. Then its down to the buyer to ask the seller if its recorded/signed for with part-responsibility for the seller offer this as well.
If the seller says £20+post. Then its down to the buyer to ask the seller if its recorded/signed for with part-responsibility for the seller offer this as well.
No
It's the buyers responsibility to take what ever actions are necessary to get the money safely to the seller.
It's the sellers responsibility to deliver the goods to the buyer
There's no shared or cross-over of responsibility here
What uplink said - business or personal, it's up to the seller to get the items to the buyer safely. it's gone through courts so so many times, I can't believe any one thinks differently.
I ALWAYS send out stuff signed for (you can apply this to first or second class post), and it only adds something like 70p.
this kind of thing pisses me off. The classifieds exist mainly on trust and people like ti pin man undermine this.
suggest you go sell your tat someplace else from now on
Hora that's not correct at all and has been proven on many occasions in law
Two sides to the trade.
1. buyer agrees to give seller money for goods - this seems complete in this case
2. seller agrees to give buyer goods in exchange for the money. Ideally thsi would be a physical handover, but in this case the seller has opted to engage a third party to complete HIS side of the trade. It is the seller's and only the sellers responsibility to get the goods to the buyer
I too get pee'd of with all those tools on ebay insisting you opt for postal insurance. These people need to be banned from ebay
Ok, so what if the seller says '£20?. Say £3 by first class post?"
Buyer agrees. Then by agreeing its a shared risk? Remember. The seller isnt a trade seller. If CRC's item didnt reach me by first class post (that I'd agreed/clicked on)- I'd expect another or refund. Private seller though- if you AGREE to first class post only- then you surely lose some rights?!!!
hora you are STILL WRONG
Another one in agreement with it being the sellers responsibility to get the goods there, nothing to do with what postage the buyer requests!
Doesn't all these opinions going against yours tell you something ti_pin_man, like on this occasion you may be in the wrong?
Buyer agrees. Then by agreeing its a shared risk?
No, because as pointed out many times, as long as you get a postage receipt, the sender can still claim the money back from RM, and thus refund the buyer. 🙄
Gonna stick my neck out here...
How do we know that the buyer DIDN'T receive the goods...? He could be pulling a fast one.
Ok, probably not, he seems pretty genuine but to guarantee that a buyer can't stiff me I always post by at least Recorded/Signed For. It's aroundabout 60p more or whatever, but I know when it's arrived.
No I dont agree with that Hora, as Id only agree to that if the item was worth under £40, and then a free postage receipt would be sufficient to get a refund for the seller in the event of it going missing.
Something so simple to understand is being made complex IMO.
nevermind what Ti_ does or doesn't do for this seller, could I have a show of hand of who would be buying from him in the future?
On reflection. Your right. If Im selling something unless I know the person (i.e. trust them to say they'd received it)- I'd only send anything by recorded delivery as I know I'd have to stump up the cash if the item went astray.
nevermind what Ti_ does or doesn't do for this seller, could I have a show of hand of who would be buying from him in the future?
not me, there are so many decent people on here you can afford to avoid the knobs
Recorded post isn't tracked as a DHL parcel is for example- its recorded at the postage stage, and when its signed for. It doesn't cover any more compensation over normal first or second class post.
If the seller uses Royal Mail, they get free proof of posting and therfore they are entitled to the compensation offered under the service. It is not up to the buyer to ensure they a. get this proof of posting b. keep this and c. use it to claim.
How do we know that the buyer DIDN'T receive the goods...? He could be pulling a fast one.
Could be but the seller apparently has no proof of postage. IMO he would still be being unreasonable if he had proof of postage, but without it he really doesn't have a leg to stand on.
The thing with demanding on 'signed for delivery' is you still dont know for sure if they have had it. A neighbour or flatmate could have signed for it and then say they havent, making their signature nothing more than a scribble, or a couple of times I have had the delivery man say I have signed for something that has apparently been left on the doorstep or they have nicked it, and when queried the signature is ineligible.
That is why you always make sure you are covered when posting something, as these things can happen and you will end up out of pocket.
[i]Ok, probably not, he seems pretty genuine but to guarantee that a buyer can't stiff me I always post by at least Recorded/Signed For. It's aroundabout 60p more or whatever, but I know when it's arrived. [/i]
Another reason for the seller to post as recorded.
rockthreegozy - you're right, adding signed for only really works for items up to 39 quid or whatever it is. I don't want to track, just know whether someone and who signed for it. Above that you want to go recorded and if over £500 (?) pay extra insurance.
or take the risk and refund the buyer if it goes tits.
It doesn't actually really matter (to the seller) if the buyer actually received the item or not. If the buyer claims not to have received it then the seller is covered by RM for £39 (or more if they insured it as they should if it's worth more than £39) which he can refund to the buyer and no one's out of pocket (except RM). If the buyer is lying then that's RM's issue to chase through the normal legal process, not the seller's.
Besides, in this case, if the seller doesn't have proof of posting, the buyer could just as easily question whether the seller is lying.
Once again, Ti_pin, do the decent thing and admit you're wrong. I certainly won't ever be buying anything off you unless you do.
On classifieds. You know, if I ever sold something and the buyer wasnt happy with the item or changed his mind within the day. I'd take it back you know. No problemo. Its happened once for me where Ive sent back something. I'd do the same. Some people on STW see it as 'buyer beware/private sale/tough' though.
^^^
Can we remind everyone of the old Chocolatefoot forum rule about buying or selling from Hora at this point? 🙂
Ti-Pin Man, how about you put a claim into RM for compensation and refund your buyer if it succeeds? You won't be out of pocket, even if the guy is skanking you.
LOL I've probably owned and sold about 5sets of forks this year 😯Can we remind everyone of the old Chocolatefoot forum rule about buying or selling from Hora at this point?
I have bought from Hora he is as good as his word - sold the item cheaper as Bingo had chewed the lever which I would never have noticed anyway - not an issue dealing with Hora in my experience
We don't know that the buyer isn't pulling a fast one, but the seller's attitude still stinks.
It's funny ..Ti Pin Man name rang a bell straight away .I remember him trying to sell a load of crappy shop vouchers ages ago and had knocked a massive 10% (was it) off the full cost value and was talking as though they were a bargain. tells you how tight he is.
Can anyone copy the CD's for the buyer and Ban the Trotter sales Scum
how much is the op out of pocket?
So Ti-pin man has got the buyer's cash and probably copies of the CDs. He's not bothered to get a free certificate of posting which would have insured him for £40. He won't refund the money (or even half the money) despite almost all posters siding against him. He's so sure of himself inspite of all this - he's not Gordon Brown is he?
Same situation happened with me (just with a wheel) after much discussion it was agreed he would pay me half my money back, not ideal and I agree that its the sellers responsibility but sometimes you just have to take a hit.
I know Ti_pin_man and can vouch for his good character - he's been messed about a lot himself in the past - there's always 2 sides....
Good karma to all 🙂
So has he decided to mess others about now?
More I think about it the more it pisses me off that he cannot understand the rights and wrongs of his actions
So I have no CD's, no cash and he still doesn't give a shit despite the overwhelming condemnation of his peers
Its not the money, never has been, but I hate being turned over and to think he mentioned me pulling the wool over his eyes
This coming from the person who doesn't even have a free receipt proving he ever sent the goods
My advice is avoid this bloke when it comes to trading for obvious reasons
Tijuana Taxi what cd's were they, once we know, maybe the STW massive can help out..
Apologies if this is stated somewhere in amongst this and missed it.
Tijuna Taxi. take it to court. i guarantee you will win.
it won't cost you anything, Ti-con-man will have to pay the costs. Google small claims track
I've got a small pile of duplicate cds. Maybe not your taste, but I've got:
Joy Division - Closer
Leftfield - Leftism
Primal Scream - Screamadelica
Underworld - Second toughest in the infants
Air - Moon Safari
Orbital - Green Album
Underworld - Beaucoup Fish
Mercury Rev - Yerself Is Steam
I'll stick a couple in the post to you if you email me what you want. That way the karmic balance of the universe can be restored 🙂