Basic legal question. Breach of contract. Ebay. Dissapearing
Discussion
I have an issue I need some guidance with.
Firstly this problem hasn't cost me anything other than a phone call, bit of time and most of all some frustration, unlike most people who get scammed on there.
I won an engine off ebay tonight in fact about 30 mins ago. It sold for a ridiculously low sum (£17.60 for a 944s engine I was planning to build in to a 924s shell) although it did need work as it was seized, even so just the head is worth a good £1-200.
Upon ringing the seller I get a sob story about how his broadband was cut off and he couldn't get online to remove it from ebay because and I quote "I gave it away".
Now forgive me for being cynical but A) Why would you give away (or even sell) something which was on ebay, especially if you know you won't be able to get on and cancel the auction. And B) Does this man not have a friend with computer, internet cafe, library or any of the other many ways of getting on the net.
It appears clear to me that he has seen it sold for next to nothing and he doesn't want to sell it, a sentiment I can understand, however there is a solution to this kind of problem either you set a start price your happy with or you set a reserve. Sadly when you enter in to a legally binding contract you can't just change your mind.
The problem really starts here, most people would just turn over and say fair enough I feel cheated but forget it, leave him neg feedback and move on, but I've had enough, this is the second idiot this week and I just know if I tried it I would get bounced through court (although being straight wouldn't try it in the first place). So I would like to sue him for breach of contract and unless I am mistaken I am allowed to sue him for the cost of an equivalent engine as he is depriving me of the benefit of the engine, in the same way as he could sue me for the money if I backed out of the deal.
Problem being he reckons he is moving house. Most likely a total lie but if he does move house how do you keep track of him if he refuses to tell you his details, the other problem which I hope ebay or a previous bidder of his will help sort is his account doesn't have any visible details of his full name (other than Earle) or current address so can't even go round for a polite (not a euphemism for VBRJ it's only ebay) chat.
I did get the feeling every word that came out of his mouth was a lie especially when he reckoned he was "the police" and if I didn't leave him alone would be arrested! So very much doubt he will be moving, especially as he reckoned he was moving in 2 days (maybe so I don't come over on the weekend?) yet said nothing on the listing about the engine needing to be moved within 2 days, come on it can hardly be put in a jiffy bag can it!
Help.
Yours
Tired of being taken advantage of.
Oliver
Firstly this problem hasn't cost me anything other than a phone call, bit of time and most of all some frustration, unlike most people who get scammed on there.
I won an engine off ebay tonight in fact about 30 mins ago. It sold for a ridiculously low sum (£17.60 for a 944s engine I was planning to build in to a 924s shell) although it did need work as it was seized, even so just the head is worth a good £1-200.
Upon ringing the seller I get a sob story about how his broadband was cut off and he couldn't get online to remove it from ebay because and I quote "I gave it away".
Now forgive me for being cynical but A) Why would you give away (or even sell) something which was on ebay, especially if you know you won't be able to get on and cancel the auction. And B) Does this man not have a friend with computer, internet cafe, library or any of the other many ways of getting on the net.
It appears clear to me that he has seen it sold for next to nothing and he doesn't want to sell it, a sentiment I can understand, however there is a solution to this kind of problem either you set a start price your happy with or you set a reserve. Sadly when you enter in to a legally binding contract you can't just change your mind.
The problem really starts here, most people would just turn over and say fair enough I feel cheated but forget it, leave him neg feedback and move on, but I've had enough, this is the second idiot this week and I just know if I tried it I would get bounced through court (although being straight wouldn't try it in the first place). So I would like to sue him for breach of contract and unless I am mistaken I am allowed to sue him for the cost of an equivalent engine as he is depriving me of the benefit of the engine, in the same way as he could sue me for the money if I backed out of the deal.
Problem being he reckons he is moving house. Most likely a total lie but if he does move house how do you keep track of him if he refuses to tell you his details, the other problem which I hope ebay or a previous bidder of his will help sort is his account doesn't have any visible details of his full name (other than Earle) or current address so can't even go round for a polite (not a euphemism for VBRJ it's only ebay) chat.
I did get the feeling every word that came out of his mouth was a lie especially when he reckoned he was "the police" and if I didn't leave him alone would be arrested! So very much doubt he will be moving, especially as he reckoned he was moving in 2 days (maybe so I don't come over on the weekend?) yet said nothing on the listing about the engine needing to be moved within 2 days, come on it can hardly be put in a jiffy bag can it!
Help.
Yours
Tired of being taken advantage of.
Oliver
I'm in the same boat, undervalued goods sold, no response until i started a dispute, and the guy is now throwing stupid excuses, which i think is to wait out the ebay feedback time limit.
Regardless, he'll be getting getting the sternest of stern feedback i can think of.
Just need to think of it.
I had the same broken internet, followed by my postcode was wrong, and i should have had delivery at the end of last week.
It's a pity eBay doesn't look on this as a way of circumventing the fees by setting cheaper no reserve auctions, then ignoring them.
Regardless, he'll be getting getting the sternest of stern feedback i can think of.
Just need to think of it.
I had the same broken internet, followed by my postcode was wrong, and i should have had delivery at the end of last week.
It's a pity eBay doesn't look on this as a way of circumventing the fees by setting cheaper no reserve auctions, then ignoring them.
In fairness had I won it for more than it was worth that would be my fault for bidding. Result = you pay up and learn not to get carried away, likewise I sold plenty of things on there that sold for less than they were worth purely because only one person bidded it's just luck, now I list things with a start price and still sell everything except it sells for a price I'm happy with. I certainly didn't try to back out of things.
I would move on but it really is the straw that broke the camels back. However I suspect unless I get a name and address the answer is I can do sod all.
Sick and tired of everyone else taking the P but expecting normal people to obey the rules.
I would move on but it really is the straw that broke the camels back. However I suspect unless I get a name and address the answer is I can do sod all.
Sick and tired of everyone else taking the P but expecting normal people to obey the rules.
I sympathise with your predicament.......you would win in court, thats for sure, but its the time and effort doing it, is it worth it? I would leave him negative feedback and move on.
Ps. I am still awaiting contact from a winning bidder on a 7 grand watch I have "sold" last week, and have been left negative feedback from a girl who "bought" a £3500 car off me, didnt collect, said she might be losing her job so wasnt having the car. She then bid me £700 less, I refused, told her I was going to sue her, guess what.........she leaves me neg feedback.
Ebay is going down the pan.
wildoliver said:
Thanks for that 
hope I can help you out in the future.
I am sorry if I feel you are wasting your time getting irate because someone on Ebay won't provide you with the bargain you thought you had secured. hope I can help you out in the future.There are two options available to you:
1) Carry on being mad about it and let your blood pressure explode as you realise there is sod all you can do about it.
or
2) Move on and look elsewhere.
If you didn't like the answer I originally gave you, I am sorry, I was trying to save us both time.
TheEnd said:
I'm in the same boat, undervalued goods sold, no response until i started a dispute, and the guy is now throwing stupid excuses, which i think is to wait out the ebay feedback time limit.
Regardless, he'll be getting getting the sternest of stern feedback i can think of.
Just need to think of it.
I had the same broken internet, followed by my postcode was wrong, and i should have had delivery at the end of last week.
It's a pity eBay doesn't look on this as a way of circumventing the fees by setting cheaper no reserve auctions, then ignoring them.
You have my sympathies mate.Regardless, he'll be getting getting the sternest of stern feedback i can think of.
Just need to think of it.
I had the same broken internet, followed by my postcode was wrong, and i should have had delivery at the end of last week.
It's a pity eBay doesn't look on this as a way of circumventing the fees by setting cheaper no reserve auctions, then ignoring them.
It's a pity that with all the restrictions put in to ebay to "protect" buyers and sellers you can still get idiots bidding and not paying and sellers deciding to set their own rules, the other idiot this week expected me to pay postage (which was high but fair enough I could see the price and decided to bid based on that) but because the item only reached 99p he expected me to pay his parking (WTF!!!) and paypal fees! On top! He still hasn't refunded me either.
How hard is it that the first time one of these idiots gets caught in the act they get booted off ebay.
10 Pence Short said:
wildoliver said:
Thanks for that hope I can help you out in the future.
I am sorry if I feel you are wasting your time getting irate because someone on Ebay won't provide you with the bargain you thought you had secured. hope I can help you out in the future.There are two options available to you:
1) Carry on being mad about it and let your blood pressure explode as you realise there is sod all you can do about it.
or
2) Move on and look elsewhere.
If you didn't like the answer I originally gave you, I am sorry, I was trying to save us both time.
wildoliver said:
10 Pence Short said:
wildoliver said:
Thanks for that hope I can help you out in the future.
I am sorry if I feel you are wasting your time getting irate because someone on Ebay won't provide you with the bargain you thought you had secured. hope I can help you out in the future.There are two options available to you:
1) Carry on being mad about it and let your blood pressure explode as you realise there is sod all you can do about it.
or
2) Move on and look elsewhere.
If you didn't like the answer I originally gave you, I am sorry, I was trying to save us both time.
Sheriff JWPepper said:
Unrelated but need some advice, I'm after a pair of headlights on Ebay which are advertised seperately by the same seller, thing is I want both or neither. I'm new to this Ebay lark and wanted to know is there any easy way to achieve this? I don't want to be stuck with just 1.
It's a clever ploy by seller to make you bid high darling.Send him an email and ask if he has a buy it now price in mind.
Sheriff JWPepper said:
Unrelated but need some advice, I'm after a pair of headlights on Ebay which are advertised seperately by the same seller, thing is I want both or neither. I'm new to this Ebay lark and wanted to know is there any easy way to achieve this? I don't want to be stuck with just 1.
Major problem with people that list things separately, either you put in a really high bid that means you win both, or you bid on the first one to a comfortable level then win the second no matter what it goes for. Trouble is this can cost a lot of money. Please don't bid on them and if you only win one refuse to pay for it though.10pence what is your agenda here? You seem to have one? No of course I don't care where people park provided they don't block my driveway, in fact to be honest it is sometimes me in the loading bay!
I'm off to get a drink and calm down.
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