Complain to the court after reporting?

Questioner

On Monday, May 23, 2022, I paid 700 euros for a 'phone X' new sealed 'to a seller on a buying and selling platform called name Y via a payment bank Z payment link. Correspondence took place entirely via the purchase and sales platform chat. On Friday, May 27, at the end of the day, I asked the seller to cancel the purchase agreement, because he had still not sent the phone X, which made the offered price of 700 euros unreasonable. On May 29, the seller refunded me 50 euros via payment request as compensation for the delay. He could not refund the total amount because he had already used the money. He still had not sent the phone X and promised to do so on Monday. On Tuesday 31 May I received the tracking code from the seller. The seller claimed that the shipment was picked up from him and that it could take two days before it is visible. He said that he called Postbedrijf G. On Wednesday 2nd June I asked the seller for a proof of delivery. The seller said that he had given the shipment to a delivering postal company G courier. The postman would have said that he could not provide a proof of delivery in such a case. However, the seller could not find a tracking code of the package that was delivered in order to possibly trace the deliverer. On June 6, the seller claimed to have purchased phone X from 'sales point L via the provider'. The seller claimed to be unable to find any proof of purchase, for example by means of a receipt or email from the provider. On June 8th I informed the seller to pay back the 650 euros or I would file a report. The seller said that the risk is for the buyer and that it is not his responsibility that the shipment is lost. I then asked him to start an investigation with Post Company G and to provide proof of any correspondence/contact with Post Company G. On June 9th the seller said that the postal company G had found the package and it could take two days for it to be returned to him. I again asked for proof of correspondence/contact but got no response. On June 15, I contacted postal company G about this shipment. According to an employee, no investigation was started by the sender for the shipment in question and he did not understand how the sender got the information that the shipment was going back to him. On June 16th I asked for the status of the shipment. The seller thought that it had not yet been received. What stood out: 1. The seller cannot prove that he bought telephone X, nor that he sent it, nor that a postal company G delivery person came by to deliver another package, nor that he had any correspondence/contact with Postal Company G. 2. The seller had confirmed that the pictures in the ad of phone X were indeed the phone X he sold to me. The picture showed a sealed phone X box with serial number *******. However, according to the website, the 'Repair and service cover' was already activated which is valid until 25th March 2023 (the website does not seem to show this information anymore), and the 'Telephone technical support cover' was activated which is valid until 24th June 2022. These services last for 1 year and 3 months respectively and become active when someone turns on a phone X and connects it to the internet OR when the retailer activates the cover via the checkout at the time of purchase. The ad was placed on 7th March 2022. If the picture really showed the phone X I bought, then it is already in use. 3. The seller told me he couldn't find a receipt, but he claims he has one for other potential buyers. I used my secondary account to pose as another potential buyer. Reported in July 2022, but after half a year the police decided not to start an investigation due to other reports with higher priorities. Does it make sense to complain to the Court of Appeal or to call in a bailiff?

Lawyer

Good afternoon, Before you can properly determine your legal position, it is important to review all relevant documents. Did the purchase take place between you as a consumer and the other party as a professional seller or between two private individuals? In principle, there are two options: civil proceedings to recover the amount. In that case, the other party must be officially put in default and be urged to repay. A second option (especially if the other party is also a private individual) is to report fraud. In practice, the police do not do much with these reports, unless there are more victims. An art. 12 procedure can be started, but this process takes many months. If you wish to discuss your case further, you can always contact us without obligation. Gr, Silvienne Leito FerLei Legal 06-49175526