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Seeds for Africa

Delivering to a buyer who hadnt paid!

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Seeds for Africa

Well, I think everyone reading this is going to say - "What an idiot!!!!". Yes well, this horse has bolted! After a long day with a heap of orders, I ended up mailing to a customer who hadnt paid! I After numerous unanswered sms, emails and calls, and a completed snc, still havent got my money out of the customer. Its not a big figure R 118 but there is a principal here. Has anyone got any inventive ideas of how I can get this nice person to pay? At least bidorbuy have kindly banned this buyer.

 

Appreciate some feedback.

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selabi

Small claims court lay a SAPS case of theft then off to the small claims court tell them you will also seek damages for the legal and time you have to put in to this matter BOB can help with the relevant information you need for the SAPS case

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Vinyl Lady Decals

Yes, I agree, I think that's your best course of action.

I also did this once, but at least she was an honest buyer and paid me.

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lilythepink

Try telling him/her that you are reporting him/her to the credit bureaux. That may get a response ...! If not, then resort to the Small Claims Court but it's quite a hassle if you can get payment some other way. Also, get hold of a good debt collector to do the necessary and claim their fee from your buyer!

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Seeds for Africa

Thanks guys. Yes, quite frustrating. Kicking myself! Its not an SAPS case as its simply a case of receiving goods without paying. How much hassle is the small claims court? Would a debt collector do this for such a small figure? Not a big figure but the principle. I also popped an email to his employer (he uses his work address to buy), who I am sure wont like the fact that a) he buys things without paying and b) That he spends business hours on the internet using his work email to buy. Just a complete skelm - picks the phone up and doesnt say anything.... I guess waits to hear who is on the phone before talking. Can I publish the buyes details here without getting into trouble? Not sure what the rules are?

 

Thanks again for all the advice.

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lilythepink

A debt collector shouldn't charge you a cent! Legally he should recoup his costs from the buyer but in the event the buyer can't be traced at the address you give to the debt collector, then you would be liable for payment of tracing fees - should you agree to the trace. Just check everything out with the debt collector first, before you instruct him.

 

And, yes, you do have a SAPS case against a buyer who is holding on to goods without paying for them! It is theft holding on to goods which are not legally yours! Get things moving - start by telling him that you will report him to the credit bureaux if no payment is forthcoming within 48 hours. Good luck!

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Seeds for Africa

Thanks for that. I will do the email now.

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SProducts
A debt collector shouldn't charge you a cent! Legally he should recoup his costs from the buyer but in the event the buyer can't be traced at the address you give to the debt collector, then you would be liable for payment of tracing fees - should you agree to the trace. Just check everything out with the debt collector first, before you instruct him.

 

And, yes, you do have a SAPS case against a buyer who is holding on to goods without paying for them! It is theft holding on to goods which are not legally yours! Get things moving - start by telling him that you will report him to the credit bureaux if no payment is forthcoming within 48 hours. Good luck!

 

Sorry to hijack your thread @Gamu Trading.

 

I am in a similar situation. A buyer bought a netbook which I dropship. My supplier made a mistake and sent 2 items instead and the other one was for a different buyer. I contacted the buyer and informed them that I will pay the extra customs and the postage to forward the item back to me and she said she will take both as she has 2 daughter. She agreed to pay when she received them. In early Decembe sh received and promised to pay and then nothing.

In January I contacted her and she told she was hijacked and will pay month end, nothing again and a week after I contacted her and she promised end of the week and nothing still. I know when I email she will come up with some new story, I dont have all the time to wait forever.

 

Its not their fault I understand, but she decided to buy the extra item and must pay for it.

 

Thanks for your advises to Gamu Trading and I think I will also take it and use it.

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Seeds for Africa

Hi S Products.

 

Yes, I guess why i have been reluctant to consider this as theft in my case, is because I did send it without the buyer paying. But i guess they placed the bids so that in itself is legally binding and a contract to buy. Have mailed him giving 48hrs before i report to the credit bureaus. Cant see that he will do anything, and will then lay a charge with SAPS. I guess I just want him to feel the nuisance value that he has caused me with this. I did also get some legal advice, and that is if someone buys something using a company email, that there can be no implications legally if the seller notifies the employer that this activity happenned on their domain and in there working hours. I did give him a couple days notice that i would contact the employer if he hadnt paid.

 

Just wwant to see the end of this!

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luckybird

Sorry I am a few days late on this one, I was reading the new Consumer protection Act, and my English is bad enough as it is but i am curious how these cases are dealt with and how sales are effected. A client has a cooling off period where they can choose not to buy an item i cant remember off hand how long as for delivery of goods you are the rightful owner but according to section 21(1) of the act the goods being sent are unsolicited goods if he the client accepts them ie goes to the post office to collect or signs for them on delivery, then the way i read it is you have 10 days to informs the client and 20 working days to reclaim the goods. after that point the client has rightful ownership.section 21 (2) section 21(2)b (2) seems to apply to Sproducts which talks about mis-delivered mislabeled items. You have 20 Business days to remedy the situation.

 

I guess my question applies and i am sorry also if i am hijacking this thread but it seems a valid question, What if the client does not want to proceed with a sale i understand Bid or buys position as it can lead to negative rating and negative SNC's but is that not contrary to the Act, ie the clients right to refuse products even if they have bought them , the right to examine goods first before accepting ownership, which itself has a cooling off period.

 

Im very confused how this new law will affect sellers and buyers. So in light of the new law im not sure how you will succeed in opening a theft case its only becomes illegal for them if they impede your right to recover the goods. section 21(3)

 

There seem to be exclusions to the standard sales rules ie Auctions vs clear sales but after reading the act about 10 times i have not got that far yet hehe.

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qball

There are exclusions to auctions, but I doubt the Act will be applicable to you as a foreign seller, as the SA Law does not have any jurisdiction in China.

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luckybird
There are exclusions to auctions, but I doubt the Act will be applicable to you as a foreign seller, as the SA Law does not have any jurisdiction in China.

 

Thanks Qball, lessons learned every day.

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Seeds for Africa

A bit of feedback on my case with the buyer who bought 2 dvds and didnt pay. I have contacted 2 debt collectors who have no interest in dealing with it. Went to SAPS this afternoon and they wouldnt let me open a case as they say it is not theft but a simple commercial transaction gone wrong. This is just not right. Why should this person have the goods that he has not paid for. Very frustrated !

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Lukeness

Send a lawyers letter of demand and then send the Sheriff. lol

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lilythepink

I find it absolutely unbelievable that debt collectors aren't interested in work. Perhaps in this economic climate they are becoming too complacent? Wait until the economy picks up and they'll be crying for work again.

 

If you hand the matter over to an attorney to collect for you, he'll try and collect his costs from the buyer. But in the event of the buyer being untraceable then you'll have to pay the costs - but it is worth looking into if you feel so strongly about it.

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Wild Olive Art

It's really not worth pursuing this matter. Time is money and all the time you are wasting trying to get a mere R 118 , could have been time you use to make up what you have lost.

The SAPS are correct , this is not a case of theft and debt collectors usually work on a percentage of the amount owing - so on an amount of R118, not even their basic costs would be met.

 

I had a similar experience in which I posted the buyer the wrong item to the value of R400 ! I then sent the correct item and in spite of repeated phone calls and emails to the buyer , as well as offering to cover all postage costs , the goods were never returned. My mistake , I have had to live with it !

 

Take it as school fees , learn from the experience and be more careful in the future.

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Seeds for Africa

Hi

 

To be honest, its just over R100. I am going to send him a mail and ask him to kindly donate the money to the spca when he gets a conscience one day! I live in hope!

 

Grant

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Seeds for Africa
It's really not worth pursuing this matter. Time is money and all the time you are wasting trying to get a mere R 118 , could have been time you use to make up what you have lost.

The SAPS are correct , this is not a case of theft and debt collectors usually work on a percentage of the amount owing - so on an amount of R118, not even their basic costs would be met.

 

I had a similar experience in which I posted the buyer the wrong item to the value of R400 ! I then sent the correct item and in spite of repeated phone calls and emails to the buyer , as well as offering to cover all postage costs , the goods were never returned. My mistake , I have had to live with it !

 

Take it as school fees , learn from the experience and be more careful in the future.

 

You are 100% correct. I have wasted sooo much more than that getting irritated over it and time to move on !

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Vegar

Why were the details of the buyer not made public?

 

Could Bidorbuy not blacklist the buyer until they honour their bid?

 

From where I see it - the buyer is obliged to pay for the item and the fact that the item was shipped before payment was received does not release the buyer from the auction contract.

 

Some people are only kept honest when there are consequences to their actions!

 

Oops! http://www.bidorbuy.co.za/jsp/userprofile/UserProfile.jsp?User_UserId=1735629

 

Buyer was blacklisted after receiving 11 negatives and 63.33% rating - VERY BAD !

Edited by Vegar
Found answer to questions.

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Seeds for Africa
Why were the details of the buyer not made public?

 

Could Bidorbuy not blacklist the buyer until they honour their bid?

 

From where I see it - the buyer is obliged to pay for the item and the fact that the item was shipped before payment was received does not release the buyer from the auction contract.

 

Some people are only kept honest when there are consequences to their actions!

 

Oops! All ratings received by Lourens Els on bidorbuy.co.za

 

Buyer was blacklisted after receiving 11 negatives and 63.33% rating - VERY BAD !

 

Bidorbuy have blacklisted him.

 

All ratings received by Lourens Els on bidorbuy.co.za

 

His name is Lourens Els from Lichtenburg

 

I have sent an email with this thread to him so that he can see his name in all its glory! It is one and the same person!

 

Email sent to himadvising him where to see his name in all its Glory!

 

Hello

I trust you are enjoying the DVD's that you did not pay for?

http://forum.bidorbuy.co.za/forum-community-watch/12824-delivering-buyer-who-hadnt-paid-2.html

Your name has been published on the bidorbuy forums. Follow that link and you will see it.

Disgusting!

 

I suspect he works for a company called NWK - thats who's email domain he uses. Wonder how impressed they will be to be associated with this!

Edited by Seeds for Africa

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JPBon

my research says he does work for them.

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Vegar

Name them and shame them!

 

I personally do not deal with anyone who has less than 98% - however painful I delete their bids. And I will not buy from anyone who is rude to buyers in their feedback. That way some natural selection occurs ...

 

You know, university is expensive, one pays for valuable lessons :smile:

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Vegar

I spoke to another experienced seller about this problem and he says that it is possible to stop a parcel from reaching destination by requesting it back within two days - for a fee of course ...

 

This is good to know for the future :cool:

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Seeds for Africa

Its cheap school fees. Imagine if I made that mistake on a big ticket item! I sent this nice fellow a link to his facebook page and said thats the next thing that happens - a link to his face book page on the forum! I have written it off. Hope he feels good about getting something for free!

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Vegar

I suggest you paint his face - as you imagine it (rotten teeth, skew nose, evil eyes etc.) on a punch back and have a go at him until you feel he is dead enough ... LOL

 

A person like that lives a dysfunctional life because he doesn't have a social conscience. He f..ks up his own life worse than he does to others and he is in denial about it. I assure you that he does not feel good about getting something for free - he knows he is undeserving. He has low self-esteem which he will boost with empty bravado. Shame is at the core of anti-social behaviour.

 

Yep. He suffers just being him.

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