Need help in a sales situation

[Pyromaster]

Basically, I sold a pistol to someone, got the money and sent the item. The item never arrived, and wasn't posted insured.

 

I didn't get much money for christmas (just £5 short of a full refund), am skint anyway, am saving up for quite a few different things; so I really want to know if I legally have to pay. I can't really give away all on my chrimbo moneyz

 

All I really want to know is my, and his rights:

. Do I have to refund the money?

. Does the refund have to be the full amount?

. What **** can I get into if I don't pay a refund?

 

:(:(:(:(

 

+1s to all that are really helpful,

 

thanks,

Nick

[darkchild130]

if you warned the buyer beforehand that the item wasnt post insured and he agreed to take it anyway then you dont have to pay.

 

Its just bad luck.

If you didnt tell him, then you still dont have to refund him but its pretty out of order if you dont.

 

I dont know the legal ramifications but it seems pretty simple to me.

As long as you didnt lie then nothing is your fault really. (in this situation at least)

 

Darkchild

[hardboiledcop]

Parcels get lost in the post, it happens.

 

However, I ALWAYS request SD (special delivery) or at least 1st class recorded, I would NEVER let someone post me a gun with anything less.

 

If he thought it was being posted with some form of insurance, its your fault,

 

if he never requested and didnt think the parcel was going with insurance, and didnt mind that, then its his fault.

 

hbc.

[InetUID]

You got proof of postage (different from recorded etc) to prove it was sent? If not, I suspect that a small claims effort on the part of the buyer will seperate you from the cash paid.

[tangman]

You should have sent it via recorded delivery of some sort, that way your covered should anything happen.

 

I would refund the money if I was you, take it as a *beep* lesson learnt

 

Royal Mail, if you dont send via recorded delivery dont expect it to arrive.

[MP5SD5]

This happened to me, when I sold some warhammer. The package was sent SP with £100 insurance and a proof of posting.

 

Head over to your local post office, ideally where it was sent from, and ask the teller for a "Lost in Post Claim form" and Fill it in. I got a full return of the value of the goods even though my mum addressed it to house 7 instead of 17!

 

If you dont have a POP then your absolutely screwed. If you cannot prove the package was sent (hence the need for a POP) so the law requires you to give the buyer a refund of the sale amount, but in order to be in the right they must also prove that the package NEVER arrived, and should head down to their local post office to see if they are holding it there.

 

May I also ask which country the buyer was in, and the reputation they had?

 

Regards, 'D5

[McMadkat]

No recorded of PoP? You will have to give him a refund.

 

I learnt years ago it is worth paying £7-40 for special delivery as it WILL get there.

[hardboiledcop]

Pyromaster, it would help if you put some sort of input into your own thread

[Onechance]

He's probably in jail by now.

Whats a POP?

And "sent SP"??

enlighten me please

[hardboiledcop]

Proof of Postage

Standard Postage

[Aitch]

You are 100% responsible for the loss of the item unless as stated the buyer accepted it being posted non recorded, although he has a very good chance of recovering his funds if he acts against you, it is the sellers responsibility to ensure the goods get to where they are goiong, for the sake of an extra £2 it's really not worth the risk,

I think you are going to end up being totally skint this Christmas lesson learned either way.

(also if you sold the pistol, you should never spend the funds before it is received at the other end if you have no means of refunding the buyer if the unspeakable happens)

[sniper_boi]

Dont forget that the post office has got alot of package's to deliver, so it may just be that there busy tied up with other packages atm..

 

But it was a good idea to insure it and send it via special delivery if you could afford the costs.

[MP5SD5]

You dont need to insure it if the value is -£30 because the POP covers that, but WHY?? didnt you pay 64p for recorded?

 

Regards, 'D5

[Pyromaster]

damn.......

 

I have no PoP, so I'm completely screwed......

 

the *beep* thing is, I have just got enough to pay him back with all my chrimbo money.....leaving none for me.....

 

next time I'll post recorded

 

damn...refund it is....

[Noodle_2000]

Don't feel bad, Lighten up a bit. Maybe later you'll feel better... inside.

 

Gary B.

[Pyromaster]

????

 

how am I supposed to feel better :(:(:(:(

 

 

 

edit: wtf?

[hardboiledcop]

You posted the item, and you don't have a reciept? Post offices always give reciepts, did you just bin it? If so, unlucky, but it's your fault.

 

hbc.

[Blackwire]

Always send recorded or insured.

 

If not, then said purchaser may lie and say item did not turn up and request refund along with having the purchase in possesion..

 

I was burnt on ebay with my very first sale.. and I learnt my lesson!

[Pyromaster]

yeah, my dad got a cash reciept, but that's not PoP.

[Carrion]

as the buyer has nto recived the goods or a FULL refund (inc any paypal fees) you MUST refund them.

 

i know it sucks but i hada gun lost earlier so i refunded the money streait away.

 

soudns stupid but i ALWAYS send guns via courier, its cheeper and has a higfher rate of isnurance.

 

anything else gers send recoreded/signed for so there is ALWAYS a POP, and also proof of recipt.

 

pyromaster. like i said harsh but payup, i had to borrow the money to payback my missing sale as i sold it top buy FOOD. you say your saving for somthing else. just save harder

[Noodle_2000]

One quick question... How do you know the person you sold your gun to didn't get the gun? You never can take someone's word... unless you have tracking.

 

Gary B.

[hardboiledcop]

that is inconsequential. He paid, you didn't cover your *albartroth*. I'm sorry but it's true.

 

cheers, hbc.

[interpolgunit]

who knows the gun could get stuck in the mail during the holidays, especially because postmen take breaks too.

 

but I think it would be a ###### move to sell a gun and the other person doesn't actually get the gun. It's technically the post office's fault, but think about the costs/benefits. You lose an old gun that you don't really care for, but they lose money for absolutely nothing.

[Pyromaster]

Thanks all, I have learnt my lesson, and the buyer will be refunded

 

+1s to all that helped

[Dominion28]

I'd hang on a wee bit and see if it gets through. Like others have said the PO has been mobbed for the last few weeks. ?It's probably lying in a sorting office somewhere.

 

Dom