Thinking about small claims court for non show ebayer??
Discussion
I 'sold' a non running (clearly stated in the ad) Renault diesel on ebay the other day. With reserve and listing fees, the cost came to just shy of £20.
Bloke won it, and never showed,or phoned, or had the decency to do anything except ignore all polite contact.
I've relisted the car, but I'm £20 down. I have full contact details, and I'm thinking about taking the bloke to small claims for the £20.
I know it's only £20, but it drives me bonkers. I want to go around to his place and throw stones through his windows, and boil his rabbit. I really do feel a tad cross.
Am I letting my emotions get the better of me, or should this be done as a stand against all the timewasters and waste of space knobs that make life just a littlemore unpleasant for everyone.
Grrrrrrrrrrrrr
Bloke won it, and never showed,or phoned, or had the decency to do anything except ignore all polite contact.
I've relisted the car, but I'm £20 down. I have full contact details, and I'm thinking about taking the bloke to small claims for the £20.
I know it's only £20, but it drives me bonkers. I want to go around to his place and throw stones through his windows, and boil his rabbit. I really do feel a tad cross.
Am I letting my emotions get the better of me, or should this be done as a stand against all the timewasters and waste of space knobs that make life just a littlemore unpleasant for everyone.
Grrrrrrrrrrrrr
ebay state all sales are between private buyers- they are just the tool to bring you together - apparently according to Ebay.
You cannot claim the fee from autotrader because someone rings up and then doesnt show.
On the flip side, there is also no legally binding contract as ebay lead you to believe, they dont keep any records longer than six months. If they were legally binding they HAVE to keep them for six years.
I had an issue trying to get hold of someone I bought a car from - just needed some info, they could not help as no record of the sale (and this was after a year) and I was told the first line.
Not got a leg to stand on legally, you can contact ebay and request your money back/ relisting for a non show I believe though.
You cannot claim the fee from autotrader because someone rings up and then doesnt show.
On the flip side, there is also no legally binding contract as ebay lead you to believe, they dont keep any records longer than six months. If they were legally binding they HAVE to keep them for six years.
I had an issue trying to get hold of someone I bought a car from - just needed some info, they could not help as no record of the sale (and this was after a year) and I was told the first line.
Not got a leg to stand on legally, you can contact ebay and request your money back/ relisting for a non show I believe though.
OK, the windows have it 
Seriously, what you all have said makes great sense, and many thanks.
I have emailed ebay with this very question,so I'm going to see what they say. I have asked specifically about the legal status of a bidder, and I will post their reply (if they can be bothered).
Night night
Seriously, what you all have said makes great sense, and many thanks.
I have emailed ebay with this very question,so I'm going to see what they say. I have asked specifically about the legal status of a bidder, and I will post their reply (if they can be bothered).
Night night
Eventually, this was the e-bay reply.
My question to ebay (3rd time of trying) - usually lot's of waffle about how they want ebay to be a good experience.
So let me ask the question for the 3rd time. Is the bid to buy a legally binding contract. Please can you answer the question, and not beat around the bush.
I am concerned about the listing fees not about final value fees.
Thank you
And the Ebay response
Hello.
Thank you for writing to eBay with regard to the buyer not paying for the item.
I understand how frustrating this can be when the buyer does not pay for the item. I apologies for the lingth of the email as this amount of information would be needed here. Yes, it is a legally bidning contract, however, as you may understand that we can't forcibally take the money from the buyer. But we do take strick actions on the buyer account depending on the situation. I can see that you have already opened the unpaid item case against the buyer.
Once the case is opened, we will notify the buyer to pay for the item, if they don't pay till 4 days, you can then close the case selecting no payment from the buyer. Once the case is closed, you will get back the Final value fees charged to you for the item and then you may relist the item. Also, once the relisted item sells, you get back the Listing fee credit as well. In case, you don't wish to relist the item, you may close the case and let us know we will credit the listing fees from here for this item.
Also, the buyer will get an unpaid item record on their account, which can block them from buying items in future as the sellers have option to block the buyer with more numbers of unpiad item records by setting up buyer requirements. Also, if the number of unpaid item strikes are higher, their account can be suspended. You can learn more about buyer requirements and how to use them here
My question to ebay (3rd time of trying) - usually lot's of waffle about how they want ebay to be a good experience.
So let me ask the question for the 3rd time. Is the bid to buy a legally binding contract. Please can you answer the question, and not beat around the bush.
I am concerned about the listing fees not about final value fees.
Thank you
And the Ebay response
Hello.
Thank you for writing to eBay with regard to the buyer not paying for the item.
I understand how frustrating this can be when the buyer does not pay for the item. I apologies for the lingth of the email as this amount of information would be needed here. Yes, it is a legally bidning contract, however, as you may understand that we can't forcibally take the money from the buyer. But we do take strick actions on the buyer account depending on the situation. I can see that you have already opened the unpaid item case against the buyer.
Once the case is opened, we will notify the buyer to pay for the item, if they don't pay till 4 days, you can then close the case selecting no payment from the buyer. Once the case is closed, you will get back the Final value fees charged to you for the item and then you may relist the item. Also, once the relisted item sells, you get back the Listing fee credit as well. In case, you don't wish to relist the item, you may close the case and let us know we will credit the listing fees from here for this item.
Also, the buyer will get an unpaid item record on their account, which can block them from buying items in future as the sellers have option to block the buyer with more numbers of unpiad item records by setting up buyer requirements. Also, if the number of unpaid item strikes are higher, their account can be suspended. You can learn more about buyer requirements and how to use them here
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