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Ebay - Buyer hasn't collected or paid


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Hi, a friend of mine has approached me because he's got a problem with an Ebay transaction, he's an infrequent seller and a bit nervous about the whole thing. A few months ago he listed an item which was won for the princely sum of £1, buyer to collect and pay. He was contacted by the buyer who established my friends address and said he would be in touch. Nothing heard for a couple of months and then an email out of the blue today asking to arrange a collection.

 

My advice was to go ahead and make the arrangements as for £1 it isn't worth the hassle but he wanted to know whether he could refuse to sell the item as so much time has passed, he sent an email back saying that he thought the buyer wasn't interested and was going to re-list it which elicited a sharp "you've agreed to a contract" type response. If he does want to refuse to go ahead with the sale then this would fall outside of the Ebay dispute process due to the time that has passed, I believe that he will have to rescind the contract by mutual agreement - I suggested giving the buyer 14 days to collect and pay for the item. The buyer has clearly acted unreasonably in leaving such a long period between agreeing to the contract and fulfilling his obligations but does that give my friend grounds for immediate rescission? He did not communicate with buyer in the intervening months. Another thing that concerns me is that if he does act unilaterally could he be liable for a loss of bargain claim by the buyer?

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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I would read through eBays T&Cs to see what it says about this, or perhaps even contact ebay themselves and ask. Did the buyer give a reason for the delay? I agree it is wholly unreasonable - however, not sure about the legal position.

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Expertise in letting and rental law for 6 years

 

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Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Mmmmmm

 

Difficult one, but I ask myself "is it worth the hassle for £1"?

 

If the buyer REALLY wanted it, presumably they would have collected it by now - surely.

 

But then if your friend wanted to re-list the item and get a refund for his ebay fees wouldn't s/he have done so by now?

 

If the seller really doesn't want to sell NO-ONE can force him to. Although the buyer could turn unpleasant, and all for £1. However I would get your friend to see if they can report the item as unpaid, if an unpaid item dispute is opened and not responded to by the buyer then the seller can leave appropriate feedback and any feedback left by the non-buyer will be removed.

 

However, if they just decide to leave it and not sell, the buyer could report them for being a "non-performing seller" by not parting with the item.

 

 

If your friend goes down the "mutual withdrawel" route they must be ABSOLUTELY certain that the buyer will agree. If they don't agree the seller will NOT get a refund of their selling fees.

 

 

As I said before.

 

Is it really worth the hassle for £1????

 

 

 

If it was me I would tell the buyer i am available on x date at x time at x place and will not hold the item for any further time. If he doesn't tunr up at the appointed time/plate/date your friend will consider the matter closed and will re-list the item forthwith.

 

(Not forgetting to put this "buyer" on their blocked bidders list obviously ;) )

 

As always I advise checking out the Community Forums on ebay for sound advice from the regulars on there, if you need to.

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Is it really worth the hassle for £1????
In my opinion ? Absolutely not! I think apathy has got the better of both of them. Thanks for the advice.

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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ebay has guidlines over how long a buyer has to pay and its def far less than a couple of months - get your mate to point this out to the buyer and state that he is the one in breech of the contract - if one ever did exist.

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A contract will exist in some form - when you bid it says "this is a legally binding contract" [though never stops anyone trying to get out of it!]

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Feedback can also only be applied within certain timeframes, so if I was the seller, I'd refuse to complete the transaction and just forget about it.

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Actually - Feedback can be left within 90 days (and sometimes longer).

 

Once the item drops off your "bought" or "sold" items on "My Ebay" it can still be retrieved using the item number, or if you go to "Community", then "Feedback Forum" and ALL items you haven't left feedback for, including those that are old are there.

 

Check out the Community Forums - they will confirm this.

 

Even if you refuse to complete the transaction feedback can still be left.

 

ONLY if the item has been reported to ebay as "unpaid" and the buyer has not responded to the dispute can feedback be removed. (Other than the usual, mentioning Paypal, mentioning a dispute, Libel or a Statutory Declaration)

 

Hope that helps :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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A contract will exist in some form - when you bid it says "this is a legally binding contract" [though never stops anyone trying to get out of it!]

 

Despite the sternly worded disclaimer eBay insert on the bid page warning that a bid is a legal contract, this does not seem to be supported by UK law. The situation is certainly different in other countries, but eBay's rules are not the same as UK law and you don't need to think about this one for long to realise which will prevail in court.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest ArthurP
Despite the sternly worded disclaimer eBay insert on the bid page warning that a bid is a legal contract, this does not seem to be supported by UK law. The situation is certainly different in other countries, but eBay's rules are not the same as UK law and you don't need to think about this one for long to realise which will prevail in court.

 

Contracts are certainly made when buying/selling via ebay and a bid is an intention to buy and, should that bid be the winning bid and the auction ends, then a contract has been formed.

 

I know this because a County Court ruled it so concerning a case I brought.

 

A contract is made between the seller & buyer-it has nothing to do with ebay.

 

As for the OP-why hasn't your friend taken your advice to simply ship the £1 item?:???: It seems quite ridiculous not to.

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Because it's huge and bulky (but almost worthless). He took my advice and wrote a non-confrontational response inviting the buyer to pick-up the item in the next few days. Buyer has agreed and is even throwing in bit extra - result for common sense I guess 8)

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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So pleased it all worked out in the end! :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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  • 4 months later...

What was it a cardboard cut-out of pavarotti or something? lol:D

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

 

 

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