From my perspective the reason why I had cause for concern was that following payment (through paypal) Gambo promised that he would send the item immediately and have it delivered by the end of the week. Despite my attempts throughout the week to ascertain whether or not the item had been sent I received no response. A week went by and I still had no response. I then saw on the forum that Danny was experiencing issues with delivery. I ask you: would you be concerned had you been in my position? Conversely if you had taken £350 off someone then promised to deliver a product do you think it reasonable to not only fail to do it but also fail to even advise this? It was only after raising a paypal dispute did I receive a response advising that he has not sent the item.
Its clear that there is some disparity in peoples understanding of the law when purchasing second hand goods and I echo Danny's comments and would be more than willing to assist with clarifying this. This is not in an effort to change the website, but manage people's expectations when it comes to what the average man can expect when buying or selling through P8ntballer (and what remedy's are on offer should either party fail to live up to those expectations).
In terms of the 2 transactions that generated this discussion point; the proof will be in the pudding. Gambo has now advised that my item has been sent and when I receive it I will close my paypal dispute. Danny can wait for the agreed period before deciding which action to take but ultimately he is entitled to either (a) the product he purchased or (b) a full refund. I trust that if either of these things do not happen the mods of the site will then side with the buyers and remove Gambo's account.
As you have alluded to, Gambo is in the process of rectifying any issues. There has to be a certain amount of goodwill but that does apply to both sides. Danny should not be acting all billy big balls about it while Gambo has made clear publicly and privately he is working on it. It's very much against the ethos here and once this is all done and dusted Danny needs to be very clear that this forum is of much more value to him than he is to us.
It could equally be argued that the buyer has specified the choice of delivery and outside of that can Gambo be expected to be held responsible for Royal Mail? I am not privvy to the final details but if SD was requested, Gambo can provide proof it was provided........... there is more than one way to see things.
Thank you cannon fodder for proving my point. I hope there is no objection to me posting this link (please remove if I have broken any rules by doing this). If each party understand their rights it can only aid in avoiding these matters ever escalating to the point of litigation.
https://www.gov.uk/make-court-claim-for-money/going-to-court
Again, all very nice and to the letter of the law yes he can proceed with the legal route but AS A LAST RESORT once all other avenues to recover the goods have been exhausted. However, the practical and realistic resolution is to sort it out like adults which will be more amicable and much quicker.
There is also the possibility that Royal Mail will recover and deliver the parcel.
Key to all of this, I think it is fairly clear Gambo did not intentionally set out to diddle anyone and has made clear is taking steps to rectify things. Things happen, real life can get in the way. I can understand fully both sides of the story but in this case Danny's attitude isn't convincing me that we should be offering any assistance at all.
The basic rules of the forum regarding common courtesy and mutual respect still apply no matter the circumstances, remember you are here at OUR discretion, it is not a democracy and you are certainly not entitled to membership. If the Mods feel that a certain member is detrimental to the running of the forum you can all rest assured the tail will most certainly not wag the dog.
I believe the issue underlying is this modern sense of entitlement people have. Not too many moons ago, hundreds upon hundreds of markers and items were bought and sold here, often by bank transfer and often without even a picture. I bought more than one marker at considerable sums of money completely blind based solely on the sellers reputation and the fact a man's word was his bond. Never had any issues either.
