sueing through ebay/paypal

[milkybarkid]

not really sure where to put this but i sold some tickets on ebay to a gig. the person i sold it to paid a week after buying them. i stated on the description that i would only sent the tickets once payment had been recieved and sent it on the day of recieving payment. this was too late and the buyer missed the gig. now he is basically suing me through paypal and i've been given 3 options by them- refund him (which i don't want to do as it was his fault and i can't really afford to pay him back), provide tracking info (which i don't have cuz i sent it regular post), or provide evidence that i've refunded him. not sure what to do here as i don't want to pay him back and it wasn't my fault. what do i do? thanks

[NORMANTHEDOG]

it is your fault,you have not completed the transaction in time,if he paid by paypal,why dident you send them recorded delivery.

[JRB]

Surely if it was stated clearly that the tickets would be sent after payment was made (as is the norm on e-bay any time I have bought stuff) and you have a receipt of payment from paypal showing the date that the buyer actually paid then you have a good case. I hope that you got a receipt from the post office showing the date you posted the tickets but guess you probably didn't (bad move) however I see no reason why you should send the goods recorded delivery which is more expensive and anyway is absolutely no guarantee that the goods would arrive on time.

[Kathyan]

Paypal state that you have to send the goods by a trackable system. So if you didn't send them by Recorded or Special delivery, then I think they will find in his favour and you will have to refund. What if the tickets hadn't arrived at all? It would have been your fault then because of the way that you sent them.

[Reverandfunk]

How stupid are you???

[Ethel]

Even if you had Certificate or Proof of Posting, PayPal will still refund as you haven't fulfilled PayPal's criteria of sending by trackable means.

If you refuse to refund, PayPal will do it anyway in these circumstances.

[joko]

if you sent them the day he paid, when is he claiming he received them?

as has been stated, if he left it a week and they didn't arrive in time because of that then the evidence is there in your account so i don't see how they can blame you.

however, if the tickets didn't arrive for weeks after he paid then he has a case as tickets are clearly time sensitive.

he could have been to the gig and is trying it on so ask him to return the tickets to you - unused ( they often stamp or rip them)

[milkybarkid]

thanks for that Reverandfunk.
joko- he's claiming he got them 2 days after the gig, when i sent them first class 3 days before (although it was on a sunday)

[joko]

so he waits a week to pay, when the gig is in 11-12 days...i would say the problem is his own.

knowing the postal service he was very foolish to do this.

i would explain this to paypal and like i said ask for the return of the intact tickets

[milkybarkid]

i tried but they've only given me the options above. i can't explain anything to them