Advice on payment issue...

ScottRoush

ScottRoush

Joined
Jan 10, 2010
Messages
1,818
I sold a non-commissioned sword to somebody who wanted to break the payment up between PayPal and check. It took him 2 weeks to get just less than half of the cost to me via PayPal... And it's now been well over a month and I have not yet received the second payment via check. I've gotten two excuses.. One that the letter was returned due to damage!? And then that he hasn't been able to get to the bank. This is for quite a bit of money and I feel like it would be awkward to have to return the first payment and then put this sword back on the market...

What would folks do on this?
 
I would have held the sword until I had all payments, but that is past.


Maybe a registered letter asking to pay up?
Maybe a mechanics lien?

You can file a tax form that adds any uncollectable amounts to their income and allows you to write it off.
I've seen some use that as leverage too.
 
I'm not a vendor so I don't know what I'm talking about, but it would be reasonable to kindly give the buyer a deadline for full payment, after which you return his partial payment and sell the sword elsewhere.
 
powernoodle said:
I'm not a vendor so I don't know what I'm talking about, but it would be reasonable to kindly give the buyer a deadline for full payment, after which you return his partial payment and sell the sword elsewhere.
Click to expand...

That's exactly what I would do.
 
Hi Scott,
If you still have the sword in you possession that is good.
"I feel like it would be awkward to have to return the first payment and then put this sword back on the market..."
If it is of Good Workmanship it will sell to some one else.
If it is off the wall type custom it will be harder to sell.
I would use part of his down payment for the registered letter (12345678910 said) to inform the buyer he has x # of days to pay in full, or you return the remaining of his down payment.
The amount of refund should be based on any written or implied statement that was made.
This Is in my opinion.
Sincerely,
Dave
 
Thanks for the advice folks.

I apologize.. I should have stated: I DID NOT ship the sword. Oh no. :-)

It's not an 'off the wall' custom... but is a piece that would have a narrow market... and swords tend to be difficult to find buyers for due to high cost. It's a historical small sword.

I've never had anything like this happen before and I don't have anything in writing on my website regarding something like this.... does anybody have examples of how they handle deposits in writing when it comes to final payment? I'm assuming something to the effect of .. forfeiture of deposit after 30 days, etc....
 
Tough spot you're in................

If you think re-selling it will be tough I'd be giving this guy a PAYMENT PLAN and demanding signed agreement. So much paid each time period (you define it - probably monthly) til he's paid it ALL off. Add in a charge for your grief/administration/handling costs (maybe another 10%). Write it up very formally, maybe with some legal help, (that also gets partially charged back) so you're in compliance with the laws of your state.

If s/he goes 3 periods with no payment, the sword and cash paid are forfeited.

Don't overthink this one................. this person knew their own situation and screwed with you already.

Syn
 
ScottRoush said:
Thanks for the advice folks.

I apologize.. I should have stated: I DID NOT ship the sword. Oh no. :-)

It's not an 'off the wall' custom... but is a piece that would have a narrow market... and swords tend to be difficult to find buyers for due to high cost. It's a historical small sword.

I've never had anything like this happen before and I don't have anything in writing on my website regarding something like this.... does anybody have examples of how they handle deposits in writing when it comes to final payment? I'm assuming something to the effect of .. forfeiture of deposit after 30 days, etc....
Click to expand...

Oh well, I had assumed you already had.
That's different.

Since you are in a position to not lose, you can afford to be patient and polite.

Try asking him nicely what his deadline should be, then make that his deadline.
 
I would continue trying to contact the buyer to the point of a registered letter. Personally, I would be extremely uncomfortable about keeping any of his payment at the point that you have sold the sword to another buyer. Up to this point there has been no fraud, just no follow through on their part. If you keep the partial payment after selling it to someone else, without a prior agreement or written policy about forfeiture of deposit, then you may be open to a claim of fraud on their part. The customer sounds a little shifty but I wouldn't jump to conclusions or take any action until all lines of communication with them have failed. If that happens I would send a registered letter stating that you intend to sell the sword to another buyer and will refund their partial payment when the sword is sold. This way you are acting in good faith and giving them the opportunity to follow through on the deal, but also have a path to follow if they don't.
 
I would give him a month to send funds. You never know, there could have been some sort of emergency or legitimate postal issue.

If payment still doesn't arrive, I'd keep his partial payment as motivation for him to pay the balance.
 
I'd maybe cut the guy some slack. He doesn't have the sword, and you have some of his money. Many times people buy something on impulse, then after already committing to a purchase realize they can't afford it. I am sure he probably doesn't want to lose his money and has the intention of paying you when he can afford it. My guess is that after he made the purchase and sent you payment via paypal, he went over his monthly bills and was kicking himself in the ass. I would just give him a little more time, and send him another "friendly" email reminder. Give him the option of a refund (since it was not a made to order piece) and see what he does.
 
Thanks folks... I do wish that I had previously put policies like this on my website.. because I feel like there is no way I can withhold any money. If I put a policy in NOW.. then that wouldn't be sufficient (legally) to back up any attempt at a forfeiture.

rjfm1972... Certainly. I haven't bugged him yet and I didn't post this thread with the intent of going after him.. Just looking for advice on how to deal with it if it goes south.
 
Why would he want to do half pp and half by check?

Wouldn't it be easier and faster for both of you if he put all the payment via pp....even if he had to do two payments?
 
ScottRoush said:
Thanks folks... I do wish that I had previously put policies like this on my website.. because I feel like there is no way I can withhold any money. If I put a policy in NOW.. then that wouldn't be sufficient (legally) to back up any attempt at a forfeiture.

rjfm1972... Certainly. I haven't bugged him yet and I didn't post this thread with the intent of going after him.. Just looking for advice on how to deal with it if it goes south.
Click to expand...
Scott, I see no need for you to add any 'policies' to your site. You sold the piece to a guy and only received half the payment. Give him a dead-line for the rest of the funds, if not met refund first payment and move on.
 
You must log in or register to reply here.
Back
Top