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eBay seller threatening court case on buy it now car.


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If you delve into Ebay correctly, you will find that final bids and accepted offers are binding, EXCEPT in a couple of areas. One of which just happens to be MOTORS. Whichever way you cut the mustard, this Ebay bidder is NOT obliged to buy and won't be.

 

Strangely enough that was already pointed out on several occasions.

 

Should you happen to delve into the thread correctly you may also find that the buyer's offer was not a bid on eBay.

 

THAT is what you rely on as legal reference?

-----

Should I wish to express an opinion I shall of my own accord.

 

In the mean time, the suggestion would be to contact the member katankat if you need to know more, or want to argue.

 

:rolleyes:

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Well, I do have a life so I haven't read all of the 201 posts on this thread :)

 

The OP did indeed make an offer on ebay. Whether it is in classifieds or not, if it is on ebay it is on ebay. he made and offer. it was on ebay. That means he made an offer on ebay.

 

A bit like smack and gob. Which isn't a million miles away from some people I should think.

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Should I wish to express an opinion I shall of my own accord.

Well, that would be a first since your "opinions" are usually cut-and-paste jobs, mostly irrelevant to the issue, the OP or indeed anything vaguely consumer-related.

 

In the mean time, the suggestion would be to contact the member katankat if you need to know more, or want to argue.

 

If I wanted to know more, why on Earth would I want to contact someone who clearly knows LESS than I do?

 

Apologies to the OP for derailing his thread even further than PerpX had managed so far, but this katankat's advice is seriously flawed and HE says that it is the correct legal standing? Very, very scary indeed, and I really hope that people do their own research before they follow his blindly or they would soon come a cropper against... well, practically anyone who has spent anytime on CAG for starters. :lol:

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I wouldn't bet on invoking the non binding bid policy in view of this which appears as a part of the item description:

 

There is no bidding on this item, so contact the seller for more information.
For a bid to fail to bind there would have to be a bid to start with!

 

In order to buy a vehicle that is advertised on the eBay classified section an offer would have to made at some subsequent stage, to form a contract.

 

It would otherwise follow that no contract subsequent to an advertisement on eBay is ever valid.

 

An outright cancellation of the contract stands the better chance because of recital (10) to the EU Directive, but it make no sense to cancel except to acknowledge the existence of a contract to cancel.

 

:cool:

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Sorry Geezer, could you clarify that for me?

 

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

 

Yes, that is exactly what I am saying. Post #1. The OP saw the car listed in EBAY MOTORS, which is on ebay listing pages as a classified ad and thus falls under Ebay rules. The OP made an offer and subsequently decided (for whatever reason) not to proceed.

 

Ebay has a very special rule called 'Non binding bid policy'. Here is the basics:

 

Policy overview

 

Certain eBay listings involve non-binding bids, such as items listed in Property and eBay Motors. A non-binding bid isn't a formal contract between the buyer and the seller, but it does represent a buyer's serious interest in buying the item. Insincere bidding isn't allowed on eBay.

 

Now, Mr Perpetual motion will no doubt try to twist this around, but a bid is an offer to buy. if your bid is either the highest winning bid or an accepted bid, it is a sale. Albeit non binding if Property or vehicles. The Op made an offer which is eaxctly the same as a bid as far as Ebay is concerned.

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perplex

 

 

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.

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Well, that would be a first since your "opinions" are usually cut-and-paste jobs, mostly irrelevant to the issue, the OP or indeed anything vaguely consumer-related.

 

 

 

If I wanted to know more, why on Earth would I want to contact someone who clearly knows LESS than I do?

 

Apologies to the OP for derailing his thread even further than PerpX had managed so far, but this katankat's advice is seriously flawed and HE says that it is the correct legal standing? Very, very scary indeed, and I really hope that people do their own research before they follow his blindly or they would soon come a cropper against... well, practically anyone who has spent anytime on CAG for starters. :lol:

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

You should go on BGT next year! ;);)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hit the triangle button Kraken

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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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.

 

:cool:

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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?

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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

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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.

 

:cool:

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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.

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

 

The £100 was an offer, not a claim:

 

 

 

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

 

 

 

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.

 

:cool:

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