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Join Date: Jan 2008
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Bounced cheque
21-01-2008, 01:47 AM
  #1  

I wonder if anyone knows what a small claims court might think of the following situation:

I bought an expensive electronic item from a private seller on Ebay. In posting, the item was severely damaged and the courier company returned it to the sender. The sender agreed to giving me a full refund and sent a cheque. The cheque bounced, it turns out the seller decided to stop it (though didn't bother telling me they'd do this!).

I discovered the seller is in a dispute with the courier company over how the item was packaged. They realised they may may not be compensated by the courier, so stopped my promised refund.

Can someone change their mind and stop a cheque legally in this situation?Can I sue them for this sum as they did effectively promise a full refund?
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Join Date: Oct 2007
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Re: Bounced cheque
21-01-2008, 11:59 PM
  #2  

If you have an email, or a letter, stating that the seller has agreed to refund the full purchase price as a result of the damage to the item, then they are obliged to do so. It sounds as though they agreed to the refund when they thought they could claim the amount back from the delivery company, but have subsequently found out that this may not be the case.

Whatever their situation, the refund should have been made and any complaint as regard packaging and delivery dealt with separately afterwards.
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