Ebay Nightmare Buyer - What do you think?

[neonplanet40]

Ok well as long as it was a 1gb stick then the buyer is simply put just a bit of a noob and doesn't know too much about hardware..... I would just ignore him now from this point on. You've done what you can

[aeonf242]

He looks like another scammer.

I'm not too sure he's a scammer, I know he's annoyed. I think he's just being very over cautious, there is a small chance he'll try to punish me by breaking the RAM or not returning it if he got his money back.

[Domestic_Ginger]

Ok well as long as it was a 1gb stick then the buyer is simply put just a bit of a noob and doesn't know too much about hardware.

I would just ignore him now from this point on.

I don't think that is very fair. You could try and send him a link and explain teh problem; like you said if you think he is genuine it is in no way fair to leave him this state.

[neonplanet40]

But have you seen what he has already done? He has offered him everything! If it was me i'd now leave it to paypal and ebay to sort out.

[aeonf242]

I don't think that is very fair. You could try and send him a link and explain teh problem; like you said if you think he is genuine it is in no way fair to leave him this state.

This is an example of what i've written to him

Well we're both human please remember that! And I'm not playing with you!
You bought a generic piece of RAM from me which doesn't function correctly in you machine.
As soon as you post the RAM back to me in the stamped Jiffy bag I posted to you on Friday I'll give you a full refund. Please get a proof of posting in case it goes missing.
You will have all your money back and I'm sorry for all the stuff you'll have gone through.
I'll be about £4.00 down on postage and have to readvertise the item.
So I hope you understand that this is fair?
I would suggest for your piece of mind you open a Paypal/ebay dispute.

I'm not going to ignore him, but I have finished being insulted by him!
If he wants his money back (in full) then all he has to do is post the RAM back in the pre paid envelope I've sent him...nice and simple

[Domestic_Ginger]

Maybe I am a bit soft; just thought everyone could kiss and make up.

Get the ram off him; it is a business transaction afer all. I think your conditions are more than fair as you have feel you have done nothing wrong. You should be applaued for taking the moral highground and taking a loss.

[aeonf242]

Maybe I am a bit soft; just thought everyone could kiss and make up.

Get the ram off him; it is a business transaction afer all. I think your conditions are more than fair as you have feel you have done nothing. You should be applaued for taking the moral highground and taking a loss.

We've had a few stages to our relationship
1. Genuine regret and remorse, feeling I was to blame
2. Realisation that we both made mistakes and there was no way to keep it the way it was
3. Name calling, accusations
4. I wanted to get it over with quickly, he kept hanging on trying to blame me
5. Let the courts (ebay) settle it, I know I'm right...can't help feeling he's the one that's hurting more


Anyway, I don't think I'm doing anything other than normal. I sell about 200 items on ebay a year and therefore fall short of being a business but ebay tend to view me as more than a private seller.
And you have to keep ebay on your side if you want to play the game :-)

[aeonf242]

Well I've heard nothing from him, got a feeling he's got limited internet access. :-s

[finlay666]

Well I've heard nothing from him, got a feeling he's got limited internet access. :-s

Must be from the dodgy RAM

[aeonf242]

Must be from the dodgy RAM

I could certainly tell him where to insert it to get more use from it :-)

[finlay666]

I could certainly tell him where to insert it to get more use from it :-)

In a motherboard that supports high density ram?

Tell him you want a photo of the stick both sides, then you will know if he has the right ram from the sticker on it, then if he sends a different stick back you can show him the photo he sent you and say it's the wrong one....and the set you had on eBay clearly states 1G DDR400 on the sticker....I think it is pretty explanatory it is 1 Gil of DDR400

[TheAnimus]

Its funny but people are often very trickey to deal with, even when ebay simplifies the contract formation.

A college of mine engaged a design firm to do some branding, whilst that was under consideration they also engaged them to do a simple bitmap image, authorised the design and instructed them to send an invoice, they then tried to invoice for more than the agreed sum to the back office :jawdrop: thats surely either fraud or extorting money under false pretences! Then when we pay them for the agreed work, they don't release the files, demanding we pay them for work that hasn't been approved. Its dealing with people like that which just make your blood boil, i'm used to dealing with rather expensive contracts, and having someone swear at me over a grand when they've just broken the previous two agreements i've had, every time i've tried ot help them, they have shafted themselfs and behaved un-professionally. How do you just avoid dealing with people like that

[oolon]

When dealing with people who over invoice, send a cheque, for the original amount or in fact less. Attach it to a letter which states this is full and final payment for BAH! If the cheque is then cashed. They have accepted your offer legally. You can even write this on the back of the cheque so there is no chance of it being "lost".

This is also a trick people will try to pull on you, if you let them make interim payments, they will enclose a payment for what looks like the interim amount however state this is full and final payment.

[Saracen]

When dealing with people who over invoice, send a cheque, for the original amount or in fact less. Attach it to a letter which states this is full and final payment for BAH! If the cheque is then cashed. They have accepted your offer legally. You can even write this on the back of the cheque so there is no chance of it being "lost".

This is also a trick people will try to pull on you, if you let them make interim payments, they will enclose a payment for what looks like the interim amount however state this is full and final payment.

Sorry, but that's a myth .... at least, as far as England and Wales are concerned it is. There's a substantial body of case law in the UK, up to and including the Appeal Court, that dismisses that.

If you made an offer of a figure in full and final settlement, and they accepted, and then you sent the cheque and they banked it, then yes, it'd almost certainly be binding. But courts here have held that each such case is judged on it's merits, and that in the absence of other factors, such a cheque will be deemed payment on account, regardless of "full and final settlement".

The logic is roughly this. For an offer to be accepted, there has to be "accord and satisfaction". The person receiving the cheque has to intend to be bound by the offer, and the intent of the debtor in sending it doesn't bind the creditor. This was asserted by the jury is Miller v Davies, and re-affirmed on appeal. You can't unilaterally impose the agreement, banking the cheque is not sufficient to indicate acceptance if, at that time, the intent was clearly not to.

However, an offer has been made. If nothing more was said for a substantial time, then later, a court would most likely regard that as evidence that the offer was accepted and that it would then be binding. So, if you send me a "full and final settlement" cheque to settle an debt, what will happen is that I'll bank it and immediately write to you you rejecting the settlement offer and requesting the remainder of the debt to be paid. The courts have endorsed this approach ... for instance, Stour Valley Builders v Stuart.

If a lengthy delay takes place after banking the cheque and before chasing for the rest, though, then the full and final would be binding ... see Bracken v Billinghurst 2003.

The same sort of logic applies to the original debt though. If they over-invoice. it could well be unenforceable if it wasn't agreed to. Whether it is enforceable or not may well depend on whether the original agreement was by estimate or quote, and what the terms were.

[Dareos]

Oolon, you just got Saracened!

As for the original post, the concern that I have is that someone of such limited brain power is actually allowed to use the internet, much less make financial transactions over it. I am not referring to his mistake about the type of RAM purchased, as I had no previous knowledge of High Density RAM myself, but of his inability to use anything like sentence structure or even reasonable terminology pertaining to the subject at hand.

Now, this being the age of technology and all, perhaps the buyers first language isn't English, and maybe I am being overly critical and judgmental, but to use language like that in a business transaction is disgraceful.

If he does contact Ebay or Paypal, he is going to come across badly. I just hope that the negative feedback left can be read by others, and isn't just a rating system (I don't use Ebay or Paypal), so that prospective customers will be able to judge for themselves.

[aeonf242]

My buyer finally logged a complaint through ebay but still hasn't sent it back.

luckily ebay help pages state that I'm correct

Refund the buyer. Buyers are required to return the original item first.

Hello ******* (****@****.**.**),

that buyer has let us know the item *********** memory module they bought from you on 16/08/2009 is not as described in the listing.

As part of our new resolution process, we've told them that you'll be in contact within the next ten days to work out a solution. Depending on the circumstances, you may need to send a replacement item, or offer a refund (full or partial).

If you send a replacement, please give your buyer an estimated delivery date, as well as a tracking number if you have one. Alternatively, issuing a refund is simple. Here's how:

1. Log in to your account at https://www.paypal.co.uk/
2. Click the 'History' subtab.
3. Locate the transaction to be refunded and click 'Details'. Only payments with a status of completed, pending, uncleared or cleared can be refunded.
4. Click 'Refund Payment' at the bottom of the page.
5. Make a refund offer and click 'Submit' on the Refund Offer page.
6. Confirm the details of the refund offer and click 'Process Refund' to transfer funds to the buyer.
It's important to us that buyers are happy whenever they make a purchase on eBay. With your help, this can be sorted out quickly, and to everyone's satisfaction.
It's important that you contact the buyer and reach an agreement within ten days from the date of this email - otherwise eBay may issue a refund directly and then recover the amount from you.

If you've any questions about this, please get in touch.

You can find out more about eBay Resolutions by copying this link into a new browser window:

http://pages.ebay.co.uk/sell/selleru...solutions.html

Regards,

eBay Customer Support
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