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Ebay - Been Conned and feel very very silly - any advice?!


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Hi, Nobody needs to say how stupid I am I know but that aside has anybody had experience of this or can help.I purchased some concert tickets off ebay back in November and currently waiting for them to be received. I ordered 6 (2 of one seller, 4 off another) 2 have arrived but I am getting no response from the other seller.I have checked their ebay profile and they have had no activity on their account since November. I paid via paypal and of course you only have 90 days to appeal. I was sent the ticket confirmation from Ticketmaster but items blanked out which I would have expected so no alarm bells rang out. But the paypal transaction does not show the sellers address and you can not get the members information unless you have an ongoing transaction with the seller otherwise I would call them. Obviously I will be contacting ebay and paypal but know from experience that I will get no help what so ever, my real question is can I take this any further as I will try and follow it up, may be an expensive learning curve but any help would be appreciated!

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Hi there, no as I say was very silly but have been on ebay for years and probably one of the lucky ones that have never had any problems but paid for them on 2/11. I doubt whether they have been lost in the post as have tried contacting the seller on 4 occassions now via e-mail since 5/5 with no response

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Oh sorry! I was advised that they would be sent once they had been received from the promoters which would be 2-4 weeks before. I do know there is still time as concert is 3 weeks today but it is just the lack of response from the seller

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Might be worth putting in a preliminary complaint at least that covers you for the delay in complaining :)

 

If you explain that your concern is compounded as you have received no communication from the seller.

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Contact the police. If this person has taken money for goods and not sent them then that is deception, which is a criminal offence. DO NOT let the poilce tell you it is a civil matter. The police certainly can obtain the details from Ebay.

 

This is one thing about Ebay that I dislike more than any other (and there are many!). You as a buyer do not get given the name and address of the seller. They get all your details, but your don't. And if you enquire you will hit that well know mis-quote used so often amongst British companies 'data protection'

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technically still within the time frame 2-4 weeks before concert date! cutting it a bit fine.

A bit worrying about the no contact.

Agree a bit risky, not to be recommended.

Raise a dispute with ebay and see what they say.

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Contact the police. If this person has taken money for goods and not sent them then that is deception, which is a criminal offence. DO NOT let the poilce tell you it is a civil matter. The police certainly can obtain the details from Ebay.

 

:!:

 

It was already a strict liability criminal offence for the trader to be selling but with nothing to tell you where to send a summons if need be, without the geographical address of the trader or the geographical address of any other trader on whose behalf the trader is acting. eBay fails to count as a person who trades on behalf of the member..

 

If you need to convince the police or anybody else that this is a fact, quote Section 6(4)© of the The Consumer Protection from Unfair Trading Regulations 2008.

 

For that matter, you could just as well prosecute and convict a significant proportion of the "private" sellers on eBay who expect to get away with as much. Far from exempting themselves from the law as they seem to expect, it is a criminal offence to be so private.

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I give up on this place. Perplexity is on another planet and clearly annoys many, many people. I copmplain and get told there are no grounds for complaint. So, you lose a good contributor. Me.

Edited by Dragons Dennis
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Dragons Dennis

 

I have just read your message and the posts on this thread. Unless I am missing something (which I admit could be the case), I can't see anything wrong with perplexity's post.

 

It is a common practice on CAG to quote all or some of the post you are replying to to avoid confusion. In this case, by quoting your post #7, perplexity is showing that (s)he is answering that post rather than post #9, which comes immediately before his/her post #10.

 

As to perplexity's comments, as far as I can see, they seem to be agreeing with you but adding some details, for example, by providing the section of the Consumer Protection From Unfair Tradinglink3.gif Regulations 2008 which support you assertion that the e-bay trader is acting unfairly.

 

In the absence of other information, it seems to me that perplexity is trying to help you rather than make you feel unwelcome.

 

Otherwise, what watchinvsetigation2011 said.

 

 

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Hi everybody, all your information is invaluable - I still have no tickets and no response from the seller - plus when I tried calling ebay yesterday they now request you have a pin ID to get through to them so gave up after holding for absolute ages because I had to pick up children. Anyway I have much more confidence to proceed with the Police and start the proceedings from there. It was interesting to hear a law enforcement option on the ebay number though so will be passing that on to the Police too.Once again thanks for the info - will update the post and let you know how I get on.Thanks.

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I do feel for you, this is a common con and sadly it continues to be very successful. Generally any tickets for sale on ebay so long before the concert date have either been bought to be touted at ridiculous prices or don't exist at all. I've sold spare tickets when friends have dropped out but there's no way anyone can know they have such 'spare' tickets 6 months in advance. The golden rule is to only buy tickets on ebay within the 90 day period. Ebay shouldn't allow tickets to be listed with more than a 90 day lead time but they make so much money from them because they're high value so they couldn't care.

 

Last time Watchdog had a real go at Ebay they did clean their act up to a certain extent. Maybe if more people who were conned over tickets contacted the programme it would help.

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Last time I had prob with ebay the consumer board of ebay advised me to under phone question contact us reason type in shill bidding, up came a pin and I was answered within seconds, seems if you choose this route it gets answered quicker but they are the same agents and can still help onother issues.

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It must be said: There are not so many problems reported to consumer forums that could not have been avoided by applying a few simple rules, derived from common sense.

 

The recklessness of buying from a seller with no geographical address to be seen is a classic example. When the Distance Selling Regulations came into force the intention was to persuade suppliers at large to adequately inform consumers, the idea being that the right to cancel a contract when a seller fails short would be enough to make the difference. Bad sellers would then be out of business.

 

This was a nice enough idea but failed to anticipate what was subsequently proved on eBay. Bad sellers out of business is as much of a naive expectation as it ever was.

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For that matter, you could just as well prosecute and convict a significant proportion of the "private" sellers on eBay who expect to get away with as much. Far from exempting themselves from the law as they seem to expect, it is a criminal offence to be so private.
I refer to my default responses for one of perpy's posts. Readers can chose from either:'Tosh'or 'Blah blah blah'If you chose the 'tosh' option you might wish to know that the reason that this is offered on this occasion is because Perpy is giving poor advice, again. Firstly, whilst technically possible, it is practically impossible for an individual to prosecute another under the Consumer Protection from Unfair Trading regs. If you want to have a go at it you will need very deep pockets. Further, without the benefit of the investigation elements of the regs and the Enterprise Act (i.e. compelling someone to produce info) you are extremely unlikely to even get off the ground. Secondly, it is poor advice to even suggest the Regs apply when we don't know that they do. It is possible, or even probable that they don't in this instance. The regs only apply to a trader, who is any person who ... is acting for purposes relating to his business...To the OP - how did you pay? You might be able to make a chargeback request. See here: http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards. It is worth looking into, but don't get your hopes up though. There are still various time limits to be considered (chargebacks typically need to be claimed within 4 months or so) but you might be able to argue that the time limit should start from when the contract is concluded. Might be a tough sell, but worth a punt.
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(chargebacks typically need to be claimed within 4 months or so) but you might be able to argue that the time limit should start from when the contract is concluded
That's a very good point. If a chargeback was tried before the date of the concert then it would be refused because tickets might still come through. On that reasoning any arbitrary time limit could surely be callenged.
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If you need to know how to prosecute privately and what it would cost I suggest to contact the manager of your local Magistrates Court. The manager of mine was commendably helpful and in order to get as far as that, all I had to do was look up the number and use the phone.

 

Alternatively, a variety of means exist to pressure the enforcement authorities who fail so miserably.

 

I am thinking for instance of a civil case before the High Court not so long ago, L'Oreal versus eBay, during the course of which the judge found that a number of "private" sellers were no such thing.

 

When and where was an eBay seller prosecuted and convicted, ever, because of the offence?

 

If anybody at all would be kind enough to supply the details I am not the only who would like to know, what it is safe to get away with and what is likely to be enforced against. eBay's reputation as a safe haven for fencers of stolen goods and counterfeit tat from China has been allowed to survive for far too long, not to mention the state benefit cheats who would rather not let us know where they live.

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Latest Sale of Goods Act.. aimed at retailers, but it might help.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'm a business seller on ebay and pride myself with excellent service i.e. 100% Feedback.

 

Expect you've searched the seller on "community".

 

I am shocked how any sellers get away with not supplying goods. The rules are so tight about distance selling for business sellers.

 

I would still try and complain. What was the situation with "Feedback"?

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michellemc-the listing had to "clearly state when to be despatched"and should be sent as soon as paid for. It sounds as if you were not sure when to expect the tickets. So do you recall what the listing said.

 

perplexity- it is a bit of a grey area as according to eBay the policy on Distance Selling states that "the DSR generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance".

 

"The UK DSR do not apply to eBay auction format listings on eBay.co.uk and do not apply to all types of items".

 

I suppose that it might therefore be considered different for eBay business sellers, eBay shops and those that have shops which sell via eBay.

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Terrier. Brace yourself. I suspect you are about to read some really odd stuff posted by Perpy. It'll generally be along the lines that the dsrs apply to all ebay sales because ebay is a company. It's all tosh, so please ignore it. The rest of us do. Interestingly, however, there is a body of legal thought that suggests that the dsrs will apply to ebay 'auctions' because they are not auctions in the traditional sense of the word. This argument has gained a fair bit of traction in Europe. Personally, I think it is a sound argument, it just has not been tested in the UK. The DSRs almost certainly apply to buy it now sales. Other than that you are right, the dsrs only apply to business sellers.

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