I sold a 5 year old laptop for 60 euro a month ago. Buyer now indicated me, claiming he did not receive laptop. Of course he has proof of payment. Unfortunately, I have no proof of how I sent my parcel because I recently threw away the tracking ID slip (my mistake)
I have no desire for unnecessary stress and since I have missed it myself, I have seen it directly and the buyer refunded the 60 euro back. He has passed this on to the police, but he refuses to withdraw the complaint and insists that it be clarified with the authorities.
What can happen to me now after I have refunded the money to the buyer? I have no criminal record
It was definitely a life lesson for me
You will probably not hurt. Here is statement against statement, you mean you've sent the thing away and there may have witnesses for it, he has paid, you have seen your mistake and refunded, so you have the damage made good again.
By civil law you are pretty much off the hook (apart from him, great financial losses would have arisen which probably is not). Criminal law… What does he want to show you? Scam? I think there's a bit of a lack of the foundation, especially since you did not get any financial benefits (he got the money back)
That was my thought too. It was good to read / hear from another person again. I think I was really rash. I do not have much experience with the police, so the emotions came over me. Besides, I have no criminal record
It's normal for you to be scared. If necessary, you can also go to the lawyer and inform you, but I think that is not necessary here.
Just tell the police what happened, maybe try to get the tracking ID or the receipt from the package or something, but I doubt you have any great consequences for the case
Alright!
He can't withdraw the report anyway, because fraud is not a filing offense, where the injured party can file a criminal complaint, but an official offense, where it is determined by an official.
But this is a known scam in classifieds, where subsequently a mail order business comes to pass. The buyers speculate that the seller eventually discards his notes when a certain period has passed. What many people do not know, according to BGB § 447, the shipping risk for private sales after delivery of the goods by the seller to the sender on the buyer. Your offer in all honor, that came a bit premature.
That means nothing can happen to me, but the money I have unnecessarily sent him?
Yes, actually, you could turn the tables now. Simply, when the letter to the accused with the police einschlag, go there (you do not have as a criminal prosecutor), explain the facts of how this has happened, submit the proof of repayment and of course the documentation of contact and inquiries, where the package stays, print and take away.
I suspect, the buyer has not reported in between?
He has. However, I have failed due to my move. Was totally in the private stress and only got to know, when letter from the detective was in the house. That's why I accept my guilt
How did you manage to properly ship a 5 year old laptop as a package - and by whom?
A lawsuit is actually preceded by shipping requests and the threat of an ad. Was that different in your case?
Good to know:
Although DHL does not offer its customers a tracking number and a liability of up to EUR 500 (parcels only) for sending parcels, parcels are not treated differently from parcels on delivery.
Thus, the way of Päckchen can be traced back! There's just no liability, if the shipment does not reappear.
Parcels are delivered according to DHL-AGB as delivered - even if they are e.g. When left to the neighbors or stored in the stairwell.
In any case, it is documented when the consignment was loaded into which vehicle and which consignor delivered it to whom.
Make a search request:
Would not it have been obvious if you turned to the one with whom a supply contract was concluded - ie the parcel service?
Why did not you do a research job? It may take some time, but even after a month can be determined what - when - and how was delivered.
Regardless of proof of delivery and liability, this is primarily about the fulfillment of a delivery contract.
And, of course, the delivery costs agreed in this contract were also booked somewhere.
What seems hopeless at first glance, is without question associated with effort, but ultimately not impossible
Even if the actual recipient can't be determined, it can be proved correctly whether this shipment has been given.
On the basis of the recipient data and the approximate delivery date, the delivery Rasius can be determined. Then the search is reduced to the relevant street. You can keep track of this until you know exactly which shipments were delivered to the recipient's house during the specified period.
Conclusion:
On the possibility that any statement could stand against statement and you can ignore the summons of the police, you should only partially rely.
The summons will give you the opportunity to describe your version. But you are not obligated to do so. In a criminal case, the accused without a lawyer might even prefer to give up this "help"!
If you do not show up, the police investigation will be closed and the result will go to the prosecutor. The decides then what happens next.
It seems unlikely that she will be stopped because she has someone to accuse.
Moreover, fraud is a crime of public interest.
I think it is more likely that I'm punished by the facts. Thus, the prosecutor offers to stop the proceedings against hiring a set amount of money.
In this way, courts are to be relieved and costs saved.
The purchase price refund:
In relation to the purchase price refund 2 questions are decisive.
Did you know before the ad that the buyer did not receive the item and if so, did you offer the buyer the purchase price refund immediately?
Or did you only refund the money when the summons was in the mailbox?
For me incomprehensible is the following:
Reading between the lines gives me the impression that you are not concerned with proving that the allegations against you are wholly unfounded, but solely with suspicion of refunding the money.
If someone accuses me of fraud, and I know that I did not violate any legal provisions, I would defend myself against it, rather than throwing my money at someone who calls me a cheater.
You would like to know:
What can happen to me now after I have refunded the money to the buyer?
Conclusion:
Obviously, you are not convinced of your innocence yourself. You want to know something about a possible sentence and at the same time also mitigate criminal mitigating circumstances. (I'm not convicted).
Just because someone claims not to receive something, you humbly take your punishment on you?
The fact that you kept the proof of receipt all the time and just when the ad was in the house, the only slip away
Thank you for the reply! So I sell maybe 1-2 times a year, so I did not know what is possible at the post office (so no research, because I NEVER had such a problem) At some point is always the first time and in hindsight you are now smarter.
I know it sounds weird. I first learned that he did not get the laptop when the letter arrived. Before that, I did not really care to hear that. Was sloppy of me, I know (health and private stress have burdened me even more)
When I read the letter, I made myself smart and learned that I draw the short straw without a slip. So do not hesitate, see my guilt and refund money
PS: The receipt was not just before the letter away, but about a week before it, NOTHING is abnormal. And it was a normal package with tracking ID - do you have to put every word on the gold scale?
Life-experienced design. To his luck, you are not the judge; -)
Amen xD
You have to express yourself better - this can be incredibly important - as you will see now.
But first, of course, another unnecessary demand:
If you're talking about the letter from the letter, is not it?
Important for you would be the following facts:
You bought the calculator about a month ago?
Without contacting you first, has the buyer indicated you suspected fraud by the police?
Since you can't prove the shipment and for fear of criminal consequences, did you prefer to refund the purchase price?
The final question:
Did the buyer explicitly require a shipping method with proof of shipment or were no definite shipping agreements made?
In this case, the legal situation looks quite different for you.
The buyer should have informed you and must first grant you a reasonable period for subsequent delivery. This is what the legislature intends and the seller has a right to do so.
It is also stipulated by law that the buyer refuses his warranty claims if he denies the seller the possibility of subsequent performance of the contract and instead demands reimbursement and, if necessary, damages!
But that's not all. For so-called consignment sales, ie transactions among private individuals, the buyer bears the shipping risk. Except that the buyer has explicitly determined a specific shipping method and the seller acts against these shipping conditions. In this case, he also has to answer for the sinking of the goods.
If the facts actually behave like that, you should seek advice from a lawyer. If this seems too small to you in relation to the small amount in dispute, you should know that fraud is a criminal offense and action is in the foreground - not the demands of the creditor. He would have to assert his claims under civil law.
Like you, if you want your money back.
As already mentioned, the reimbursement will hardly save you from a penalty order. Without knowing the exact background, the prosecutor, like myself, will assume that the refund of the purchase price has taken place solely as a self-defense - less to do the damage of the buyer.
And it was a normal package with tracking ID - do you have to put every word on the gold scale?
YES THIS MUST MAN - At least if you do not want to be shown as a scam.
Based on the tracking number it would be even easier to clarify the matter.
In this case someone had to confirm receipt!
So it can be accurately documented minutes, who has accepted this package.
If it was not the buyer, maybe it was a neighbor.
Or the shipment has been lost. In this case, however, the damage would be covered by the liability of the shipper.
But it seems to me that you really are not interested in possibilities that could relieve you very easily and uncomplicatedly.
Instead you ask me if you have to put every word on the gold scale?
That's exactly what it means. However, you should finally take care of your affairs!
Well, then of course the reaction from the buyer is understandable. He probably also knows about the scams in the classifieds.
You really write a lot, so I do not remember everything you've written everything. But to summarize it briefly
- He did not ask me for a specific shipping method
- He contacted me once in a while, which I did not notice because of private stress
- Only when the letter of the detective was in the house, I read the message from him and made me smart in the net what I can do
- I soon realized that I was losing and so I refunded the money because I have no trouble seeing anything if I messed up
It has nothing to do with the fact that I'm only interested in how I get it, but it is understandable and logical that I do not feel like having trouble with the authorities just because I was a little bit lost.
Surely it is clear that I act a bit emotionally! I'm not confronted daily with such situations. I can't blame myself for not being very professional. Would be sad if I have something with experience
Of course, they are happy to investigate further. But they will not be able to find more. I'm a normal student who seldom sells anything. Only because of such a small mistake? You're writing like you're betting on me
