eBay seller threatening court case on buy it now car.

[wheelergeezer]

Sorry Geezer, could you clarify that for me?

 

Are you saying (I could have misunderstood) that he made an offer on ebay?

 

I blasted fell for that hook, line and stinker didn't I?

[middenmess]

perplex

 

In case it helps:

 

http://reviews.ebay.co.uk/LEGAL-ADVI...:-1:LISTINGS:2

 

If you believe that the opinion of a 'private seller' on Ebay has some standing in English Law then you confirm that your posts are not worth the effort of reading.

 

And once again the Distance selling regulations do not apply to private sellers.

[callumsgran]

Lmao Bookie, you've definitely missed your calling hun, Jo Brand has got nothing on you!

You should go on BGT next year!

[Kraken1]

Seriously, can we get perp banned or something? His advice is verging on the dangerous.

[callumsgran]

Hit the triangle button Kraken

[Kraken1]

And once again the Distance selling regulations do not apply to private sellers

 

Amen.

[perplexity]

eBay is public, not private.

 

The Electronic Commerce (EC Directive) Regulations 2002 apply:

 

General information to be provided by a person providing an information society service

 

6.—(1) A person providing an information society service shall make available to the recipient of the service and any relevant enforcement authority, in a form and manner which is easily, directly and permanently accessible, the following information—

 

(a) the name of the service provider;

 

(b) the geographic address at which the service provider is established;

 

© the details of the service provider, including his electronic mail address, which make it possible to contact him rapidly and communicate with him in a direct and effective manner;

 

(d) where the service provider is registered in a trade or similar register available to the public, details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register;

 

(e) where the provision of the service is subject to an authorisation scheme, the particulars of the relevant supervisory authority;

 

etcetera.

 

-------------

 

There is a tradition whereby sellers remain anonymous when they dispose of goods by way of a public auction, where an auctioneer conducts the auction, but this is not what eBay is.

 

Goods are made available on eBay to a general market, subject to a user agreement which applies to all the members and all the listings. If a buyer proceeds to the dispute resolution procedures provided by eBay or Paypal, all the listings and all the members are treated on the same basis, the basis of the User Agreement, a contract which the law applies to.

 

[Bookworm]

i blasted fell for that hook, line and stinker didn't i?

:D ... yes.

[naughteblonde]

Being Fippled (purpled?) can be a painful experience.

 

So... I think Im getting the general layman's gist of the suggestions.

A - There may be no contract to enforce because 1, the listing was a classified ad and 2, the 'best offer' could fall under the non binding bid policy.

B - Should there be opposing beliefs that there is a contract the buyer still was covered in withdrawal because of some discrepancies in the listing.

Theres also some issues with mitigating losses in that the seller has refused the OPs offer and persisted in what could be seen as harassment.

 

Could I also ask if this seller did actually get this into a court room (which doesnt seem forthcoming as the previous threats havent resulted in papers served so far) would he be required to give details of the amount hes claiming and proof? A proper breakdown?

What Im thinking is that the listing on eBay had a flat rate of £14.99 and the FvFs. The FvFs have obviously been claimed back as the OP states a UID was completed so they arent going to be included in the claim. The £14.99 was for a service that was acctually provided by eBay - having the ad up for however long was chosen. Would he be able to claim for a service cost provided by a third party? Especially if he did get that service and if I remember the eBay UA right if a UID was completed the relist would be free.

I guess Im just trying to look at where the £100 sum came from. The seller hasnt really given any breakdown other than some rather vague terms (holiday rearranged?) which havent really been proven.

Would the costs the seller is trying to claim be a possible third point which the OP could challenge them on?

[wheelergeezer]

Classified listings on ebay are free.

[middenmess]

Classified listings on ebay are free.

 

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Nothing is free with ebay!

 

 

 

 

Classified Ad Format Listing Type

Category

Duration

Insertion Fee

Property

28-day listing

£35.00

Cars, Motorcycles & Vehicles

28-day listing

£14.99

Business, Office and Industrial

28-day listing

£9.99

Holidays and Travel - Accommodation sub category only

28-day listing

£15.00

[rebel11]

Don't forget to view e-bay cost's money:rolleyes:

[Crapstone]

The court would only put them back into the position they were in in the first place.

[perplexity]

I guess Im just trying to look at where the £100 sum came from. The seller hasnt really given any breakdown other than some rather vague terms (holiday rearranged?) which havent really been proven.

Would the costs the seller is trying to claim be a possible third point which the OP could challenge them on?

 

The £100 was an offer, not a claim:

 

Now the seller is saying he is going to take to court to either get me to buy the car or to pay his costs unless I pay him £100 cash.

 

==================================

 

The court would only put them back into the position they were in in the first place.

 

The seller would appear to intend to enforce the contract, not rescind it.

 

If a judge eventually orders the specific performance of a contract, the reluctant buyer could end up with the costs of the action to pay, plus an award of incidental damages on top of that, so it's a matter for the reluctant buyer to weigh the chance of that against the offer to accept the sum of £100 and call it a day.

 

That is a not, however, to suppose that anything at all is a likely outcome.

 

Bewildered as ever as to what exactly a "best offer" for a classified ad on eBay consisted of, I am rather at a loss to understand what the Hell was going on.

 

The impression rather to be had of it is that the buyer was at a loss to understand what the Hell was going on, from the start.

 

[middenmess]

Around 80 posts have appeared since the OP last posted.

 

It would seem that everyone and his dog is concerned about this incident apart from webmonkie.

 

It must be assumed from their silence that no court claim has been received so perhaps we can all leave this thread and respond to other threads where possibly more pressing issues are to hand.

[rebel11]

Stop rambling! I know it's difficult, the more you post the less sense you make!