An interesting eBay problem. Where do I stand?

[Renegade_8]

In addition to the above rules, here are some additional policy breaches not permitted on eBay:

Seller Non-performance - Sellers must honour the transaction contract. Sellers cannot fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale.

There you go, it's in black and white on the E-bay site under rules for sellers. When the hammer comes down at an auction you have a contract end of end of. The courts will not interfere with a freely negotiated price, he sold it you own it. You want a court order for specific performance, not sure if Small Claims can give you this though.

 

[FiatStiloJTD]

He sold without a reserve to attract bids and save a few pence and the cookie didnt crumble for him.

When he submitted the item he agrees to eBays terms and conditions in the same way you commit to buy when you place the bid.

 

[Andy Monty]

If all else fails get a couple of "fake" plates made up to that reg, by another E-bay seller and go for a spot of speed camera spotting :devil:

 

[ChrisUK]

If all else fails get a couple of "fake" plates made up to that reg, by another E-bay seller and go for a spot of speed camera spotting :devil:

quality!.

 

[udtrev]

As the others have said Jon YOU won fair and square, he hasn't got a leg to stand on !

At best he could honour the deal, at the worst you could drag him through ebay's claim procedure, and then give him a BIG neg


Trev

 

[wizardflake]

He's already had a neg rep before for failing to buy something, and he's only on 4 so I doubt theres really going to be much you can do that will actually mean anything. I mean the guys really got nothing to lose to just ignore the account, depending on how much personal details ebay have.

 

[Most Easterly Pandas]

Just sent payment via PayPal, so I'm covered if the tit plays up followed by this in an eBay email (copied to my email adi)

Dear iomracer
Regarding the winning bid of the item, Item number: 140259585868.
I am writing to inform you that I will require the item at the winning value of £35 which was made by myself.
May I just remind you that when you are selling an item on Ebay.co.uk and when you successfully sell the item you have entered into a legally binding contract, which will fully stand up in a court of law. Therefore, for any reason you have my or maynot have made a mistake in the sale of the item, but you must sell the item in question for the winning bid value.
I will be sending this message to eBay so they are fully aware of my situation. I have sent payment by PayPal and I am expecting delivery of the item I have won with all relevant paperwork included.
theonlyjanb.

And the tit isn't short of a bob or to. They're selling this now;

http://cgi.ebay.co.uk/2003-PORSCHE-...39:1|66:2|65:12|240:1318&_trksid=p3911.c0.m14



Will keep everyone updated

 

[Captain Mike]

Just sent payment via PayPal, so I'm covered if the tit plays up followed by this in an eBay email (copied to my email adi)

Dear iomracer
Regarding the winning bid of the item, Item number: 140259585868.
I am writing to inform you that I will require the item at the winning value of £35 which was made by myself.
May I just remind you that when you are selling an item on Ebay.co.uk and when you successfully sell the item you have entered into a legally binding contract, which will fully stand up in a court of law. Therefore, for any reason you have my or maynot have made a mistake in the sale of the item, but you must sell the item in question for the winning bid value.
I will be sending this message to eBay so they are fully aware of my situation. I have sent payment by PayPal and I am expecting delivery of the item I have won with all relevant paperwork included.
theonlyjanb.

And the tit isn't short of a bob or to. They're selling this now;

http://cgi.ebay.co.uk/2003-PORSCHE-911-CARRERA-4S-BLUE_W0QQitemZ140261804311QQcmdZViewItem?hash=item140261804311&_trkparms=72%3A12%7C39%3A1%7C66%3A2%7C65%3A12%7C240%3A1318&_trksid=p3911.c0.m14



Will keep everyone updated

dont you wish you won that for £35 instead

 

[Most Easterly Pandas]

dont you wish you won that for £35 instead

Lol.

'Err mistake made, should have been 3 zero's after the 35'

lol

 

[cushioncreeper]

I very much doubt that car is his.
Anyone live nearby to ask to view the car?

(actually, thinking about it, the car probably is his. He conducts his ebay business like a penishead & most porsche owners I see on the roads drive like penisheads ergo...)

 

[Most Easterly Pandas]

I was thinking that he possibly had this plate possibly on that car, and it might now be going on a 1993 Panda.

just a slight change in the class of vehicle

 

[Most Easterly Pandas]

Just got this from eBay;

Hello,

Thank you for contacting us regarding the private plate (item
140259585868) you won from "iomracer". I'm sorry to hear that the seller
is refusing to go ahead with the sale of the item you bought.

I sincerely appreciate your initiative and vigilance in bringing this to
our attention. I assure you that we take reports of members breaking our
rules very seriously.

As the seller won't sell you the item even though you won the auction,
they're in breach of eBay policy. Just as you're obliged to pay for an
item you win, the seller is obliged to sell it to you. To see our policy
on this, open a new window in your browser and copy this link into it:

http://pages.ebay.co.uk/help/policies/seller-non-performance.html

Here are a few things you should do now.

First of all, if you haven't already, we recommend you phone the seller
and talk to them about what's happened. It's likely you'll be able to
work out a solution together. Here's how to request their phone number:

1. Click 'Advanced search' at the top of the eBay homepage.
2. Click 'Find contact information' in the sidebar on the left-hand side
of the page.
3. Enter the item number for the relevant purchase, you'll find it in My
eBay, and click 'Search'.

We'll then send you an automatic email with the seller's contact
details. Please be aware that at the same time, we'll send the seller
your contact details. We feel it maintains trust and fairness on eBay if
members are aware that another member has asked for their contact
information.

If you can't reach the seller or they're still refusing to sell you the
item, you should report them to us. We'll need to see the full details
of any emails the seller has sent you.

To report the seller you can reply directly to this email, pasting the
contents and header of the email into your reply. Every email has a
hidden header which gives information about the email sender and
recipient and the journey the email has taken to reach its destination.
We'll use this information to verify the source and contents of the
email.

It's important that you:

- do send the contents and header even if the email is in My Messages.
To protect your privacy, we can't see the emails in the My Messages
section of your My eBay.

- don't send us the email as an attachment. To protect ourselves against
computer viruses, we never open attachments.

To learn how to find the header whatever email system you're using, copy
this link into a new browser window:

http://www.haltabuse.org/help/headers/index.shtml

If the seller has made it clear that they won't continue with the sale
and isn't communicating with you, you can leave Feedback that shows
other members you had a bad experience with this seller. Be clear and
professional in your description of what you feel went wrong.

I hope you've found this useful and that you manage to resolve the
problem. I wish you problem-free buying on eBay in the future.

Kind regards,

John Benton
eBay Trust & Safety

 

[sengadog]

Legally,you have won an auction and that is legally binding just as if you were in an physical auction hall. You will have to sue the user through the courts if he is refusing to let you have the goods. If he claims the reserve thingy didnt work then he needs to take this up with EBAY and he can sue them.

This is not your problem you, you have won the item and thats it. Go through the small claims court and it wont cost you anything.

 

[Most Easterly Pandas]

This is not your problem you, you have won the item and thats it. Go through the small claims court and it wont cost you anything.

So tempting

I've been tempted to ask what it's worth for me not to buy, but that's blackmail and then I'm in the wrong

Jon.

 

[bluepunto2]

here is ebays customer phone number... 02080802105

ring them and tell them you want the plate and all the legal blah blah

legally the item is your, as you know

 

[Renegade_8]

So tempting

I've been tempted to ask what it's worth for me not to buy, but that's blackmail and then I'm in the wrong

Jon.

Actually no it isn't the seller has a contract with you that he does not want to fulfill. If you offer him a deal that is in both your interests it's 100% legal.

 

[ChrisUK]

Actually no it isn't the seller has a contract with you that he does not want to fulfill. If you offer him a deal that is in both your interests it's 100% legal.

:yeahthat:

Personally i'd accept what I won the auction for so in your case £35 just for him taking the **** really and wasting your time.

 

[johnstoke]

Stick to your guns, the worst feedback he can leave is a neutral.

I've had a look at the porsche ebay advert, not the most literate of people, is he? would you buy a car based on that description and one low res picture?.

I took more care in listing a spare dvd remote control!!

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=200232008658

 

[Most Easterly Pandas]

Stick to your guns, the worst feedback he can leave is a neutral.

I've had a look at the porsche ebay advert, not the most literate of people, is he? would you buy a car based on that description and one low res picture?.

I took more care in listing a spare dvd remote control!!

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=200232008658

Thanks Well I paid yesterday and I haven't heard anything, so will leave it another 7 day's and if no retention in post, or email will esculate it.

O, and all he can leave me is +ve since the eBay feedback policy changed :devil:

 

[Most Easterly Pandas]

Well the tit refunded my money about 6 day's ago which I ignored, and I have now opened an unrecieved item dispute.

Had the following back;

I have fully refunded your payment and as i explained immediatly at the end of the sale there had been a mistake which i do not beleive to be my mistake as when i veiwed my add it had the reserve setyet went through the sale without reserve so if you wish to look into it with e bay feel free i,m notchasing it up as i have since sold the item.

Question is, what should I do next :devil: