TradeMe - no legal advice forthcoming

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#1341638 12-Jul-2015 16:30

geekIT: Recently (14th June), I sold an item on TradeMe. The buyer seemed way keen and opted to come the next day to pick up. He overnight pays $180 via Internet banking, but next day says road conditions are 'too dangerous' to drive the 180k. 'Maybe next weekend', he says.

Nearly 4 weeks later he hasn't shown up, despite me sending him 3 emails.

So I ask TradeMe WTF? What will they do about this? 'Squat', is their translated reply.

So I ask, 'Ok, I'm happy to resell the item (for a second time, bearing in mind I've already been paid), but what is my legal standing? If I resell, has the buyer any comeback? What does your legal team say about this?'

TradeMe's response: 'Ask the Citizen's Advice Bureau'.

Say friggin' what? This company (Fairfax) that operates as middleman in billions of dollars of internet sales can't tell me about my legal obligations?!!

What do you guys think about this?

Was the payment was by direct credit to your bank account?

If so, contact your bank and ask for the payers bank account number.
Send the payer a final email saying if the item isn't picked up within x number of days, their money will be refunded, and the sale cancelled.

If they dont pick it up within the stated time, get your bank to send the money back to the payers account, or do it yourself by your bank's bill payment service.

BTW, not legal advice.

mattwnz

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#1341639 12-Jul-2015 16:31

MaxLV:
geekIT: Recently (14th June), I sold an item on TradeMe. The buyer seemed way keen and opted to come the next day to pick up. He overnight pays $180 via Internet banking, but next day says road conditions are 'too dangerous' to drive the 180k. 'Maybe next weekend', he says.

Nearly 4 weeks later he hasn't shown up, despite me sending him 3 emails.

So I ask TradeMe WTF? What will they do about this? 'Squat', is their translated reply.

So I ask, 'Ok, I'm happy to resell the item (for a second time, bearing in mind I've already been paid), but what is my legal standing? If I resell, has the buyer any comeback? What does your legal team say about this?'

TradeMe's response: 'Ask the Citizen's Advice Bureau'.

Say friggin' what? This company (Fairfax) that operates as middleman in billions of dollars of internet sales can't tell me about my legal obligations?!!

What do you guys think about this?

Was the payment was by direct credit to your bank account?

If so, contact your bank and ask for the payers bank account number.
Send the payer a final email saying if the item isn't picked up within x number of days, their money will be refunded, and the sale cancelled.

If they dont pick it up within the stated time, get your bank to send the money back to the payers account, or do it yourself by your bank's bill payment service.

BTW, not legal advice.

I don't think banks will give that information will they?

Less trademe fees, as it will likely be too late to claim a refund now from Trademe. Although they do tend to be fairly good about issuing refunds for sales that don't go through..

Batman

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#1341659 12-Jul-2015 16:40

Never too late to get a refund, if within 45 days

MaxLV

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Ultimate Geek
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#1341703 12-Jul-2015 17:55

mattwnz:
MaxLV:
geekIT: Recently (14th June), I sold an item on TradeMe. The buyer seemed way keen and opted to come the next day to pick up. He overnight pays $180 via Internet banking, but next day says road conditions are 'too dangerous' to drive the 180k. 'Maybe next weekend', he says.

Nearly 4 weeks later he hasn't shown up, despite me sending him 3 emails.

So I ask TradeMe WTF? What will they do about this? 'Squat', is their translated reply.

So I ask, 'Ok, I'm happy to resell the item (for a second time, bearing in mind I've already been paid), but what is my legal standing? If I resell, has the buyer any comeback? What does your legal team say about this?'

TradeMe's response: 'Ask the Citizen's Advice Bureau'.

Say friggin' what? This company (Fairfax) that operates as middleman in billions of dollars of internet sales can't tell me about my legal obligations?!!

What do you guys think about this?

Was the payment was by direct credit to your bank account?

If so, contact your bank and ask for the payers bank account number.
Send the payer a final email saying if the item isn't picked up within x number of days, their money will be refunded, and the sale cancelled.

If they dont pick it up within the stated time, get your bank to send the money back to the payers account, or do it yourself by your bank's bill payment service.

BTW, not legal advice.

I don't think banks will give that information will they?

Less trademe fees, as it will likely be too late to claim a refund now from Trademe. Although they do tend to be fairly good about issuing refunds for sales that don't go through..

Not if the payment goes through the Trade Me bank accounts. If it was direct from the payer's account to the OP's bank account they may provide it, or more likely arrange to reverse the payment back to the sending bank.

richms

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#1341705 12-Jul-2015 17:59

If its gone thru trademe you can just do a pay now refund quick and easy.

At least with westpac we go the number that the payment came from in internet banking, so I assume that other banks that dont show it would at least have it available to them.

I would start emailing invoices for storage costs at a minimum.

Richard rich.ms

andrewNZ

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#1341706 12-Jul-2015 17:59

My internet banking displays the account number a transfer came from.

Edit: beaten by richms

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mattwnz

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#1341722 12-Jul-2015 19:00

richms: If its gone thru trademe you can just do a pay now refund quick and easy.

At least with westpac we go the number that the payment came from in internet banking, so I assume that other banks that dont show it would at least have it available to them.

I would start emailing invoices for storage costs at a minimum.

It is only 3-4 weeks isn't it. I would be more worried if it was over 2 months. Some people are just slack at picking things up, and somtimes people will ask if you can hold onto it for a few weeks or even up to a month. Depends ont eh size of teh item though, and also whether the seller really needs to get rid of it because it is using up space, or they need to move themselves.

SepticSceptic

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#1342361 13-Jul-2015 16:27

Has the buyer been involved in other, more recent TM transactions ?

geekIT

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#1342976 14-Jul-2015 13:05

OK, heads up:
The 'buyer' (or someone using their account) has been logged on to TradeMe since the transaction. Which possibles precludes a family disaster.

I emailed the buyer a fourth time on the 12th July. Still no response.

I've since spoken to a solicitor. His advice was that I would be within my rights to inform the purchaser that if the goods aren't picked up in a month, they will be resold.

So that's what I'll do.

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jonathan18

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#1343033 14-Jul-2015 14:14

geekIT: I've since spoken to a solicitor. His advice was that I would be within my rights to inform the purchaser that if the goods aren't picked up in a month, they will be resold.

So that's what I'll do.

... and that the funds paid by the purchaser for the goods will be returned (less any storage costs, if they've been advised of these) to the purchaser upon them contacting you?

I'm assuming that you're not planning on keeping the funds if you go down this route?

Geektastic

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#1343035 14-Jul-2015 14:15

jonathan18:
geekIT: I've since spoken to a solicitor. His advice was that I would be within my rights to inform the purchaser that if the goods aren't picked up in a month, they will be resold.

So that's what I'll do.

... and that the funds paid by the purchaser for the goods will be returned (less any storage costs, if they've been advised of these) to the purchaser upon them contacting you?

I'm assuming that you're not planning on keeping the funds if you go down this route?

I would - and then invite them to sue me if they wanted them back.

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jonathan18

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#1343042 14-Jul-2015 14:21

Geektastic:
jonathan18:
geekIT: I've since spoken to a solicitor. His advice was that I would be within my rights to inform the purchaser that if the goods aren't picked up in a month, they will be resold.

So that's what I'll do.

... and that the funds paid by the purchaser for the goods will be returned (less any storage costs, if they've been advised of these) to the purchaser upon them contacting you?

I'm assuming that you're not planning on keeping the funds if you go down this route?

I would - and then invite them to sue me if they wanted them back.

... and that's exactly what I'd expect you to say, you warm and cuddly chap!

geekIT

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#1344683 15-Jul-2015 13:49

Shucks, I'm warm and cuddly too, and have NO intention of refunding the guy. But I will have to speak to the legal eagle to see if he intended that.

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mattwnz

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#1344692 15-Jul-2015 14:00

I would get the advice in writing. You may also end up with bad feedback if you did decide to keep all the money. You don't know the full story as to why the haven't picked it up. You could give them neutral feedback with a message to ask why they haven't picked it up, that way you know they will get the message. Emails are not 100% reliable, so they could always claim they didn't get it. But feedback is on their profile which they also get emails, so they will see that. But it does also highlight a major problem with trademe, in that there is no in system messaging system.

Geektastic

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#1344868 15-Jul-2015 16:41

jonathan18:
Geektastic:
jonathan18:
geekIT: I've since spoken to a solicitor. His advice was that I would be within my rights to inform the purchaser that if the goods aren't picked up in a month, they will be resold.

So that's what I'll do.

... and that the funds paid by the purchaser for the goods will be returned (less any storage costs, if they've been advised of these) to the purchaser upon them contacting you?

I'm assuming that you're not planning on keeping the funds if you go down this route?

I would - and then invite them to sue me if they wanted them back.

... and that's exactly what I'd expect you to say, you warm and cuddly chap!

No reason to refund - the buyer has ample opportunity to collect or arrange shipping. If they choose not to, why should they get a refund for being a d**k?

Give it to charity if you must, but I see no need to refund a lazy buyer just for being lazy...!

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