No payment made after delivery

[landlor]

Hello Friends,

 

I made a sale to a person I found on internet. I had SMS and chat communication where we agreed on price. We first agreed on payment through Paypal and I sent the invoice but the receiver said she did not receive the invoice.

 

I was in hurry and as I had packed the item and booked a courier, I proposed that I send the item and receiver send the money direct to my bank account and she agreed to this on message. I made mistake of trusting the receiver and sending the parcel. I have had communication till last day wherein I gave her the courier tracking number. She Thanked me over SMS.

 

After that there has been complete silence. No SMS, no picking up phone and no reply to my chat communication.

 

What are my options to recover money? If I raise this with MCOL, will the judge decide on balance of probability? I have evidence to show delivery by courier service and her complete silence after the day of delivery and her active communication before day of delivery.

 

Please advise. I was naive to have believed her.

[BankFodder]

If you have a good paper trail relating to the sale, print out the SMS messages and you have confirmation from the courier that the item has been delivered, then this will form the good basis for a claim against her. On top of that, if you have evidence that you have been trying to contact her and that she hasn't been responding then I think that this will help to form in a judge's mind that he/she is dealing with somebody who is actually trying to avoid their contractual obligation to pay.

[ericsbrother]

you have the address so yo need to send a letter before action warning that you will take the matter to a civil claim if she doesnt pay you by whatever method she chooses within the next 7 days. make sure your paypal address is prominent. generally this will suffice as they then become acutely aware that you arent just giving up.

If you do sen this letter then you had better back it up with a court claim. Easy to do online, only particulars of claim require any real writing

[landlor]

Thanks All for the reply. I have sent a message through chat that I will go to court if I do not receive payment. I will SMS it as well. I want to send letter as well want to use second class stamps that I have with me. Will that be good enough?

 

I don't want to spend more money on registered post and also because the post office is far off and venturing out in cold will be an additional pain. I can buy first class stamp from a store if that will be better.

 

Please advise.

[BazzaS]

You don't have to send the letter before claim by a signed for service or by first class mail.

If you want to you can send it second class and not have any proof of posting.

 

However, if the item you sent was high value, you should consider recorded delivery (which isn't a guaranteed delivery service!) or special delivery (which is!), to get proof of delivery.

 

At a minimum (if you want to rely on the Interpretation Act to say "I sent the letter before claim, and can assume it was delivered X days after posting"), it would be wise to take it to the Post Office, to receive a (free) certificate of posting, notwithstanding the trip out into the cold. If you do this you can always pay the difference between 1st and 2nd class (9p?) to use with your 2nd class stamp to upgrade it to 1st class.......