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Chat Area => General Discussion Area => Topic started by: r1 on 05 September 2009, 11:19:07

Title: ebay can you sue people
Post by: r1 on 05 September 2009, 11:19:07
sold a car on ebay 2 a buyer with 100 per cent feedback who didnt get intouch.phoned his home phone number and got told that nobody of that name lives there,sent lots of emails and still no contact finally he sent me a email saying he has bought another car.as this is ment to be a legal contract can i sue him for my ebay fees etc and if so how do i go about it?
thanks
Title: Re: ebay can you sue people
Post by: Gaffers on 05 September 2009, 11:22:22
No precedent for it so I would guess it will be an expensive experiment....

...claim the fees back off ebay and relist, oh and knacker his 100% feedback  :y
Title: Re: ebay can you sue people
Post by: HolyCount on 05 September 2009, 11:46:55
Doubt you'd get anywhere -- ebay auctions are notoriously difficult to police.
Title: Re: ebay can you sue people
Post by: Elite Pete on 05 September 2009, 12:25:17
Quote
No precedent for it so I would guess it will be an expensive experiment....

...claim the fees back off ebay and relist, oh and knacker his 100% feedback  :y
The seller can't leave negative feedback anymore so there's no incentive for the buyer to cough up >:(
Title: Re: ebay can you sue people
Post by: nick v6 on 05 September 2009, 12:32:42
just have to open an unpaid dispute to get your seller fees back
thats the only thing you can do

totaly crap >:( >:( >:( >:(
Title: Re: ebay can you sue people
Post by: Dishevelled Den on 05 September 2009, 12:45:24
Quote
Quote
No precedent for it so I would guess it will be an expensive experiment....

...claim the fees back off ebay and relist, oh and knacker his 100% feedback  :y
The seller can't leave negative feedback anymore so there's no incentive for the buyer to cough up >:(


There's no doubt that you take a chance selling anything on eBay at the moment [smiley=thumbdown.gif]
Title: Re: ebay can you sue people
Post by: Del Boy on 05 September 2009, 13:08:25
Know how you feel mate, still have had no contact about my BMW even though he left me the £100 deposit. He said he was going to collect it yesterday or today and have had nothing since last week  >:( >:( >:(

If no show by tomorrow then it's getting relisted he's done nothing but muck me around!
Title: Re: ebay can you sue people
Post by: Dishevelled Den on 05 September 2009, 13:20:42
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Know how you feel mate, still have had no contact about my BMW even though he left me the £100 deposit. He said he was going to collect it yesterday or today and have had nothing since last week  >:( >:( >:(

If no show by tomorrow then it's getting relisted he's done nothing but muck me around!



That would start to rile me Del - still, it's not over until the fat lady sings as they say.  Fingers still crossed :y :y
Title: Re: ebay can you sue people
Post by: Del Boy on 05 September 2009, 13:23:22
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Quote
Know how you feel mate, still have had no contact about my BMW even though he left me the £100 deposit. He said he was going to collect it yesterday or today and have had nothing since last week  >:( >:( >:(

If no show by tomorrow then it's getting relisted he's done nothing but muck me around!



That would start to rile me Del - still, it's not over until the fat lady sings as they say.  Fingers still crossed :y :y
Cheers mate  :y
Title: Re: ebay can you sue people
Post by: STMO999 on 05 September 2009, 14:02:29
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Know how you feel mate, still have had no contact about my BMW even though he left me the £100 deposit. He said he was going to collect it yesterday or today and have had nothing since last week  >:( >:( >:(

If no show by tomorrow then it's getting relisted he's done nothing but muck me around!

If you get, say, 8 no-shows each year, but they all give you £100, you'll be quids in :y
Title: Re: ebay can you sue people
Post by: Big Fra on 05 September 2009, 14:17:35
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Quote
Know how you feel mate, still have had no contact about my BMW even though he left me the £100 deposit. He said he was going to collect it yesterday or today and have had nothing since last week  >:( >:( >:(

If no show by tomorrow then it's getting relisted he's done nothing but muck me around!

If you get, say, 8 no-shows each year, but they all give you £100, you'll be quids in :y


That's a positive outlook on it.

STMO, whats wrong with you? ;D
Title: Re: ebay can you sue people
Post by: gee-man on 05 September 2009, 20:34:38
this is very unlucky at the mo, any one can bid with no intention of paying
Title: Re: ebay can you sue people
Post by: SJKOO01 on 05 September 2009, 22:41:25
Ebay sucks.... They've taken off the Negative or neutral feedback option off the Sellers side, and don't give a ..... about sellers problems, there only interested in buyers interests.

There's a supposedly big rebellion going on regarding ebay about sellers not having fair protection also, but ebay are a business abroad, so you've got no chance in hell of getting a fair responce because they only have to meet the law that they're based in I believe.

Annoying as it is, you're best saving your money, as it'll probably cost you more in Lawyer fees to get the case to court than the cost of the car I suspect ?!.

I'm hearing a lot of stories like yours, so it would seam that there are a lot of time wasters out there chap  :-? 
Title: Re: ebay can you sue people
Post by: Olympia5776 on 06 September 2009, 00:47:42
Well as a buyer I can tell you that there's little protection either. I mentioned on here a couple of weeks ago about a predicament that I was in re a seller who hadn't sent the item I'd paid for. I eventually opened a dispute and heard nothing from the seller even though I sent messages to his PP address , E bay address and texted his mobile. After waiting 12 days I escalated the dispute to a claim . The seller then sent a fictitious tracking number which did not exist then when the claim was about to be settled in my favour he gave another tracking number and told me to get in touch with courier as there was problem with delivery. I did and was told that the item had been returned to sender as there was no contact telephone number on the details . No post code in Ireland so contact number is paramount so delivery driver can phone for directions . I had sent two messages to seller expalining this fact and politly asking him to ensure that the number was on label.
The item is now back with seller who is now saying that it is my fault and he is demanding that the claim be waived in his favour. I checked with the courier who confirmed that it had been in Ireland and then returned to seller but also discreetly told me that the item had been sent on an account owned by a " large " company not an individual. I now believe that he has deliberatly sent the, ( or a ) ,  item at his employers expense  minus the telephone numbers knowing that it would be returned  and he could claim justification for the dispute  , and therefore my money , being awarded to him. I have asked him to resend and I would pay part of the cost but he is steadfastly refusing to send again . I have asked PP to confirm that no contact number was on the address and forwarded all copies of correspondence with seller re my instructions  but they have told me on the phone that it would seem that seller has taken reasonable steps to deliver item. We are now reaching the cut off date for the dispute as the seller very craftily waited until the last minute to " send " item. It looks like he wins I lose...... >:(
Title: Re: ebay can you sue people
Post by: Gaffers on 06 September 2009, 07:26:06
Quote
Well as a buyer I can tell you that there's little protection either. I mentioned on here a couple of weeks ago about a predicament that I was in re a seller who hadn't sent the item I'd paid for. I eventually opened a dispute and heard nothing from the seller even though I sent messages to his PP address , E bay address and texted his mobile. After waiting 12 days I escalated the dispute to a claim . The seller then sent a fictitious tracking number which did not exist then when the claim was about to be settled in my favour he gave another tracking number and told me to get in touch with courier as there was problem with delivery. I did and was told that the item had been returned to sender as there was no contact telephone number on the details . No post code in Ireland so contact number is paramount so delivery driver can phone for directions . I had sent two messages to seller expalining this fact and politly asking him to ensure that the number was on label.
The item is now back with seller who is now saying that it is my fault and he is demanding that the claim be waived in his favour. I checked with the courier who confirmed that it had been in Ireland and then returned to seller but also discreetly told me that the item had been sent on an account owned by a " large " company not an individual. I now believe that he has deliberatly sent the, ( or a ) ,  item at his employers expense  minus the telephone numbers knowing that it would be returned  and he could claim justification for the dispute  , and therefore my money , being awarded to him. I have asked him to resend and I would pay part of the cost but he is steadfastly refusing to send again . I have asked PP to confirm that no contact number was on the address and forwarded all copies of correspondence with seller re my instructions  but they have told me on the phone that it would seem that seller has taken reasonable steps to deliver item. We are now reaching the cut off date for the dispute as the seller very craftily waited until the last minute to " send " item. It looks like he wins I lose...... >:(


Nope, keep pushing and file a dispute.  The seller is legally responsible for it arriving on your doorstep, not in your country!  If he has omitted something on the delivery instructions it's his fault.
Title: Re: ebay can you sue people
Post by: r1 on 06 September 2009, 09:17:46
when you bid to buy they say its a legal contract,so is it or not?
Title: Re: ebay can you sue people
Post by: Dishevelled Den on 06 September 2009, 10:51:00
Quote
Well as a buyer I can tell you that there's little protection either. I mentioned on here a couple of weeks ago about a predicament that I was in re a seller who hadn't sent the item I'd paid for. I eventually opened a dispute and heard nothing from the seller even though I sent messages to his PP address , E bay address and texted his mobile. After waiting 12 days I escalated the dispute to a claim . The seller then sent a fictitious tracking number which did not exist then when the claim was about to be settled in my favour he gave another tracking number and told me to get in touch with courier as there was problem with delivery. I did and was told that the item had been returned to sender as there was no contact telephone number on the details . No post code in Ireland so contact number is paramount so delivery driver can phone for directions . I had sent two messages to seller expalining this fact and politly asking him to ensure that the number was on label.
The item is now back with seller who is now saying that it is my fault and he is demanding that the claim be waived in his favour. I checked with the courier who confirmed that it had been in Ireland and then returned to seller but also discreetly told me that the item had been sent on an account owned by a " large " company not an individual. I now believe that he has deliberatly sent the, ( or a ) ,  item at his employers expense  minus the telephone numbers knowing that it would be returned  and he could claim justification for the dispute  , and therefore my money , being awarded to him. I have asked him to resend and I would pay part of the cost but he is steadfastly refusing to send again . I have asked PP to confirm that no contact number was on the address and forwarded all copies of correspondence with seller re my instructions  but they have told me on the phone that it would seem that seller has taken reasonable steps to deliver item. We are now reaching the cut off date for the dispute as the seller very craftily waited until the last minute to " send " item. It looks like he wins I lose...... >:(


Don't let this one slide Don, you have to keep pushing eBay – otherwise they try to close disputes in a way that presents the least problem – to them.

It sounds like that the seller has not taken sufficient care to ensure that the item was addressed in such a way that it was likely to reach it's destination without undue hindrance.


http://www.ebuster.co.uk/


 
http://www.consumeractiongroup.co.uk/forum/online-stores/213748-ebay-problems.html


http://www.arashmoto.com/ebaycomplaints/index.php?PHPSESSID=69e448814f5f97f7a2c3849da611165f;www;aints=


Title: Re: ebay can you sue people
Post by: Dishevelled Den on 06 September 2009, 11:00:08
Quote
when you bid to buy they say its a legal contract,so is it or not?


Fine words indeed R1 - in theory.  In practice however, it's a different story - as you have discovered.

Complain to eBay, claim the fees back and put this one down to the joys of selling by this means. :y

The amount of money involved in your taking legal action against the buyer would make such a proposal daunting, to say the least
Title: Re: ebay can you sue people
Post by: lozzy on 07 September 2009, 13:31:01
 i have just recently sold a phone on ebay its quite high value and pretty nervous about sending it ive made sure it will be tracked i get really nervous waiting for the postive feed back as pay pal hold my money till them

ebay really good for buying but really shocking for selling your bassicly bareback
Title: Re: ebay can you sue people
Post by: Olympia5776 on 08 September 2009, 13:30:39
[Don't let this one slide Don, you have to keep pushing eBay – otherwise they try to close disputes in a way that presents the least problem to them.

It sounds like that the seller has not taken sufficient care to ensure that the item was addressed in such a way that it was likely to reach it's destination without undue hindrance.


Well to conclude.
I got a full refund from Paypal after they established that the tracking number he initially supplied was fictitious. I had spoken several times to the seller on his mobile trying to get it all resolved and he tried right up to the end to get more money to repost , case dropped and positive feedback prior to sending or finding the item ( depending on what story he was remembering )
Anyway , on checking his feedback score the other evening I seen that it had plummeted to 92% after two buyers placed neg. feedback after not getting their goods ( alloy wheels and a designer jacket ) and the seller refusing to answer all contacts .
I contacted them and one had been refunded by PP and the other was awaiting a result
I'm disappointed that I find that after being awarded a full refund the feedback opportunity seems to have been removed from my account meaning I cant warn anyone else of the dangers of dealing with this gut , although at 92% no one will touch him.
The ironic thing is that I won a similar item last night for less than I paid him so all's well that end's well......
The guys seller name is " mikey26del " ,he has sold a number of Vauxhall items that would be of interest on here so I think it would be wise to warn all but I will leave it to the decision of the Moderators as to whether they leave or remove his name.
( Happy ) Don  :)
Title: Re: ebay can you sue people
Post by: Dishevelled Den on 08 September 2009, 15:39:20
Great result all round then Don - happy days :y :y
Title: Re: ebay can you sue people
Post by: STMO999 on 08 September 2009, 18:39:07
Quote
[Don't let this one slide Don, you have to keep pushing eBay – otherwise they try to close disputes in a way that presents the least problem to them.

It sounds like that the seller has not taken sufficient care to ensure that the item was addressed in such a way that it was likely to reach it's destination without undue hindrance.


Well to conclude.
I got a full refund from Paypal after they established that the tracking number he initially supplied was fictitious. I had spoken several times to the seller on his mobile trying to get it all resolved and he tried right up to the end to get more money to repost , case dropped and positive feedback prior to sending or finding the item ( depending on what story he was remembering )
Anyway , on checking his feedback score the other evening I seen that it had plummeted to 92% after two buyers placed neg. feedback after not getting their goods ( alloy wheels and a designer jacket ) and the seller refusing to answer all contacts .
I contacted them and one had been refunded by PP and the other was awaiting a result
I'm disappointed that I find that after being awarded a full refund the feedback opportunity seems to have been removed from my account meaning I cant warn anyone else of the dangers of dealing with this gut , although at 92% no one will touch him.
The ironic thing is that I won a similar item last night for less than I paid him so all's well that end's well......
The guys seller name is " mikey26del " ,he has sold a number of Vauxhall items that would be of interest on here so I think it would be wise to warn all but I will leave it to the decision of the Moderators as to whether they leave or remove his name.
( Happy ) Don  :)

Great result :y

PS. never trust anyone with DEL in his name ;D