Any Ebay experts

Dippenhall

I've just sold something on ebay for a sizeable amount and the winning bidder first denied bidding and then said he wasn't paying and said try and sue me. The goods haven't been collected, but I can't be arsed with relisting and I might not get as much second time round, it's over £1,000. I know I can sue him OK but is it better to use the ebay Resolution Process and would ebay give me the selling price without any quibbles. Anyone had experience of this?

Wilma

Ebay will refund your fees, but won't pay what the person bidded. The non-payer will get a blackmark against their account. That's about it! You can offer it to the second-highest bidder, or relist.

DRF

Always better to use their resolution process than try and do anything independently.

eaststandmike

Wilma said:

Ebay will refund your fees, but won't pay what the person bidded. The non-payer will get a blackmark against their account. That's about it! You can offer it to the second-highest bidder, or relist.

This, I doubt you could sue him?

JT

Are you American by any chance

Dippenhall

Don't worry he will be sued if I don't get the money. He entered into a legally binding contract and I just need a small claims court order that will cost me £80.

cafc999

Dippenhall said:

Don't worry he will be sued if I don't get the money. He entered into a legally binding contract and I just need a small claims court order that will cost me £80.

You are right legally but it will not be as straightforward as you expect. You will probably only get half of what you expect (I have twice taken people through this process, not for ebay though, and I have only got back just over half + court fees)

Best thing is to use the ebay resolution centre

DaveMehmet

JT said:

Are you American by any chance

If he was American he'd have used the term "sue his ass off"

Carl Leaburn

As previously said, Ebay will return all of your fees, but will not force the sale to go through. There was a time when sellers could give buyers bad feedback, but this is no longer the case. For some reason Ebay generally side with the buyer.

eaststandmike

Dippenhall said:

Don't worry he will be sued if I don't get the money. He entered into a legally binding contract and I just need a small claims court order that will cost me £80.

I think you will find you both entered into a contract with Ebay, you as the seller and he as the buyer. The buyer does not know who you are, you have been brought together via an internet site. Please keep us informed as I would be amazed if the small claims court get involved.

Dippenhall

Thanks guys, I'll get the sheriff to rustle up a posse.

cafcpolo

He might be entering a contract, but as I understand it selling over the web comes under some distance selling regulations that would entitle him to a full refund within a certain amount of time anyway.

I think.

eaststandmike

cafcpolo said:

He might be entering a contract, but as I understand it selling over the web comes under some distance selling regulations that would entitle him to a full refund within a certain amount of time anyway.

I think.

The guy never paid for the goods so we are only talking about Ebay fee's. They will refund the fee's no problem once the matter is brought to their attention

Valiantphil

Same with any legal dispute - if the guy doesn't actually have any money, you are wasting your time.

cafcfan

Don't know if it would be any help but the "Speed, Plod and the Law" section of the forum on the motoring site: www.pistonheads.com has, I think, had threads on Ebay and Gumtree contract defaults.

BIG_ROB

DaveMehmet said:

JT said:

Are you American by any chance

If he was American he'd have used the term "sue his ass off"

But if he were Sarf East Landon he'd have used the term "take em fakin cleaners!"

Absurdistan

Dippenhall said:

Don't worry he will be sued if I don't get the money. He entered into a legally binding contract and I just need a small claims court order that will cost me £80.

I take it that you don't get out much. lol

Charltonparklane

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

DaveMehmet

BIG_ROB said:

DaveMehmet said:

JT said:

Are you American by any chance

If he was American he'd have used the term "sue his ass off"

But if he were Sarf East Landon he'd have used the term "take em fakin cleaners!"

And if he was French, a Gallic shrug.

Charlton_Road_James

I work for a big eBay company so am curious as to what the result of this will be so please post the results if you do decide to take it to court

Redrobo

You said that the ''winner' claimed at first that it was not he who bid. It could have been one of his kids, he could have made a keying error, he may have thought it was something slightly differant.

If you take him to Court you should be fully prepared for him to make a counter claim which will muddy the waters and you have no way of proving him wrong. I suspect that he will claim one or all of the above.

The Judge will also note that he has not received the goods and may consider that the only recompense you desrve is in respect of additional costs you have incurred. In your case nothing - unless you put your foot through the telly!

I am also a little surprised that you can not be 'arsed' to realist - but you are then happy to take the guy to Court. It may 'only' cost £80, but you may lose the case if the Judge considers your claim to be frivolous. A Court is not a place for revenge!

Frankly, I do not believe that you stand any chance whatsoever of getting the £1k or anything close. In fact, I think you stand a very good chance of getting nothing, and if you think that being an implied contract means you must win, be prepared to take the case to a higher Court for a ruling. A Barrister should cost you about £250 an hour, unless you want a good one!

By the way, he is also entitled to ask for the case to be heard where he lives. You may have to take a day off work and pay fares. You may get costs, but they are not normally given if the outcome is shared in some way, and trust me, this one will be.

My advice is chalk it down to life and re-list.

pioneer

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

cafcfan

pioneer said:

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

That's unsurprising as Paypal is a wholly-owned subsidiary of ebay.

Curb_It

pioneer said:

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

I bet this happens a lot. We had the police turn up on our door about a month after we moved into our house - 6am, door is getting knocked incessantly, two plain clothed cops with the cuffs out standing at the door. Luckily when I opened the door (Ian was already over the back fence) they were looking for the previous owner. The previous owner had ordered an item worth a lot of money but claimed he never received it so he got his money back but the seller (an artist) didnt get their item. The seller must have been incensed enough to report it and the police had evidence of it being delivered. Very flipping stupid if you ask me. But it was obviously the seller and the police doing the work and not ebay. So its worth your brother in law speaking to the police.


p.s. he didnt really go over the back fence.

guinnessaddick

Curb_It said:

pioneer said:

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

I bet this happens a lot. We had the police turn up on our door about a month after we moved into our house - 6am, door is getting knocked incessantly, two plain clothed cops with the cuffs out standing at the door. Luckily when I opened the door (Ian was already over the back fence) they were looking for the previous owner. The previous owner had ordered an item worth a lot of money but claimed he never received it so he got his money back but the seller (an artist) didnt get their item. The seller must have been incensed enough to report it and the police had evidence of it being delivered. Very flipping stupid if you ask me. But it was obviously the seller and the police doing the work and not ebay. So its worth your brother in law speaking to the police.


p.s. he didnt really go over the back fence.

Cuffs? No answer to a head lock.

Talal

pioneer said:

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

Something for that price should be sent special delivery. As long as there's a tracking number, the seller can't be made to refund (as far as I know).

pioneer

Talal said:

pioneer said:

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

Something for that price should be sent special delivery. As long as there's a tracking number, the seller can't be made to refund (as far as I know).

Talal said:

pioneer said:

An

Charltonparklane said:

Inanutshell

If you are a seller EBAY are complete crooked cnuts of the highest order.

FACT

And paypal.

My brother in law sold some electronic gaming coins on ebay for £100. the buyer then says his account has been hacked and he hasnt got the coins and gets a refund. bro in law £100 down and no coins, neither ebay or paypal are interested in the slightest.

Something for that price should be sent special delivery. As long as there's a tracking number, the seller can't be made to refund (as far as I know).

Not sure of the ins and out of these things as i dont play the games but they were electronic gaming coins, ie something that is sent over the interweb. sounded to me from his conversations with both of them that this was very commom with this type of item.

Talal

Oh right, never heard of such a thing!

Dippenhall

For those interested, I made a claim through online small claims court. He got a notice of a summons on 2 October and the guy has contacted me asking if he can arrange collection and payment this week.

My question was about what ebay did, I know what legal rights I have. If you win on ebay you have entered into a legally binding contract. If you are a business the distance selling regulations give rights to repudiate, but if you are an individual it's irrelevant. Ebay did their resolution thing and refunded my fee and other action they say they cannot tell you about.

For those with sympathy for the muppet, we are talking about someone who thinks its all right to bid, ignores all attempts at contact and then denies bidding, gives a false name, a fax number and a business address for contact and then invites me to sue if I want to enforce the deal.

If he had a problem paying he only had to say so.

Covered End

So presumably it's quite easy ? Is it all dealt with via the net ? If not how is it served, if he's given a false address ?
What happens if he ignores the summons ?

cafc999

What is your next move now Dippenhall? Are you going to take him up on his offer of full payment or are you going to carry on with the court process?