I'm annoyed , advise needed

[Nutter_John]

I won an item on Ebay last for the value of 200 quid and the item did not have a reserve price set . Now I have sent the user about 5 messages via ebay and he did not respond ( 5 days after auction finished ) but I did have his mobile number . Just phoned the guy and he has refused to sell the item ans he claims that it had a reserve which he would sell at .

Now does anyone know ebay well enough to see if I can force the guy to sell at the auction price or if I just leave negative feedback

[White Lightning]

That's sh*t mate ... /Grrr

Have you tried contacting eBay about it to see where you stand?

[Nutter_John]

Yeah sent them a message and left neg feedback , but having read some of the info on ebay You'd think that it would be like a legal contract when you by via an auction but looks like theres bugger all i can do i think

[White Lightning]

Unfortunately, I thought that may be the case ...

The other real shi**er is that the guy can probably leave negative feedback for you too ... even though you did nothing wrong ...

/Grrr

[Nutter_John]

yep but the thing he is trying to sell is very very unique , very few of them every come up for sale . So I will be watching for him and keep reporting him even if he changes his userid .

Tell you what I'll even let you know the item and them you can see why I'm a little annoyed .

It was a frickin manual vr4 gearbox + transfer box + clutch/release plate .bearing

Now I now it was cheap but I was the only bidder

[White Lightning]

I saw that on there ... /haz

That would have been a billy bargain at that price /yes







By the way, where's the report on those coilovers ...

[Louis]

If you got a message to you from ebay (or in your "my ebay" to say you won the item. Then you won the item, full stop.
If it hadn't reached the reserve then you wouldn't get a massage saying you had won. Some times you see the "I reserve the right to remove the item as it is advertised elsewhere", but the seller has to remove the item before the end, or if it sells it sells.
report the seller to ebay, what he did is a big no no, they will make him sell or ban him. it's definitely worth following the proceedures.

[peter thomson]

I was watching it as well and even though he said it had a reserve he did not set that up with ebay and in theory he has to sell it to you. have you started a dispute through ebay. I think you have to wait 8 or 10 days before you can do this but if he does not respond then he cannot leave negative feedback against you or ebay will remove it. It dosn't really help but other bidders will know not to trust him.
It is supposed to be a legally binding contract and I would think in England you may be able to use the small claims court?

[Nutter_John]

Yep I have sent an message to the Bay and await there reply which is below

I won the above item for the value of 200 uk pounds , despite 4 messages to the sender he did not contact me . I managed to find his phone number on the listing and contacted him . At this point he asked me what price the item went for and I declared 200 uk pounds . He then said that he was not going to sell the item for that price but if I gave him 500 uk pounds I could have it .

Now given that I won the auction and it did not have a reserve value set where do I stand as I would like this item at the agreed price

[MGV6]

You can report him to eBay as a non performing seller. If enough buyers report the seller as a non performing seller then action will be taken against their account by eBay. eBay will not force the transaction to be completed, but if you feel strong enough it may be worth talking to citizens advice or a solicitor to clarify your legal position.

[ANTHONY]

in one way it maybe a good thing. if he is dodgy you might have paid him and not received the gearbox then you would have to try and get your money back. also have a word with soapy his car was a manual

[Nutter_John]

It was collection only which is fine as it is only 50 miles north of WRD HQ

[MGV6]

Johnny, just had a look at the auction, he does have low feedback and he didn't put any pics up even though he does state he was going to so it might signal a dodgey seller and also a very weird username that he uses

[Nutter_John]

well he had 100% positive feedback before i left him one :D

[Lillywotsername]

What a $%^&^%!!!!!!!

I know you were so excited about this as well Babes. Even richy was all twitchy in his chair while you were leaving it till the last second.

Give him 'ELL......

[MGV6]

well he had 100% positive feedback before i left him one :D

but only 7 user points to date ? :)

[bradc]

John - is it worth pointing out that you don't need the transfer case? Maybe you could tell him that you only want the gearbox and clutch and will he let you have those 2 for 200 pounds?

[Nutter_John]

I don't need the Gearbox either , I undertsand what your saying bradc but it's a matter of princple , I won the auction fair and square and he will not sell it

When you buy a car at auction the price thay say is binding , why not in this case ???

[bradc]

yeah I know, and I knew that was the point, but everyone needs a manual gearbox, just ask Pete, Derek or Richy :)

It would be nice if you could reach some kind of deal though

[SGHOM]

, but everyone needs a manual gearbox, just ask Pete, Derek or Richy :)


Thanx...... but no thanx Brad. /pan /pan

[muppet]

Ah, the joys of e-bay. Sorry to hear it John, hope you get it sorted.

Its about time that the rules on this kind of thing were made clear.

[Throbbe]

It is supposed to be a legally binding contract and I would think in England you may be able to use the small claims court?

An Ebay auction does not constitute a legally binding contract. At best it's an Offer to Treat, but until payment has been made no contract is formed. In a traditional auction the act of Knocking Down actually seals the contract, but once you start digging you'll find that Ebay will vehemently deny (correctly) that they run auctions, they just act as an intermediary.

I'm afraid that legally you don't have any recourse unless you have suffered a material loss, but as you say, you can make his trading life awkward in future.

IANAL, but I know a bit about contract law and spent an informative afternoon looking into the subject.

[muppet]

An Ebay auction does not constitute a legally binding contract. At best it's an Offer to Treat, but until payment has been made no contract is formed. In a traditional auction the act of Knocking Down actually seals the contract, but once you start digging you'll find that Ebay will vehemently deny (correctly) that they run auctions, they just act as an intermediary.

I'm afraid that legally you don't have any recourse unless you have suffered a material loss, but as you say, you can make his trading life awkward in future.

IANAL, but I know a bit about contract law and spent an informative afternoon looking into the subject.

If you get chance to point me in the direction of how the law stands on this point, I'd be very interested. Especially in respect when payment has been made before inspecting an item. A-hem!

[ingocaius]

i have brought nearly a hundred things on ebay and only had three bad expieriences.
one was from a guy who also runs a shop ,i won the item a book in this case waited two weeks nothing spent another week sending emails.
eventually he told me the book was out of stock and whilst he did refund me i felt he deserved some negative feedback so i left some and he promptly did the same.
report it get him barred

[richy rich]

John - is it worth pointing out that you don't need the transfer case? Maybe you could tell him that you only want the gearbox and clutch and will he let you have those 2 for 200 pounds?
Brad we did have plans for the transfer box./secret

[Eurospec]

Back in the day i paid £900 out for a 'mint' GTO gearbox and transfer box.

I paid the guy bank transfer.

He was a crook, i lost my cash, never got the bits (they never existed) and he nailed a load of others for parts too.

Turns out the guy was a scumbag going to college in leeds. He did this all the time. Eventually he was sent to prison for GBH and kindnap.

All i can say is pass the soap big homie!

If you buy enough on ebay you eventually get nailed. Think of it like this. The guy was a bit dopey for not putting a reserve on it. It sold cheaper than he wanted. Yes, in a reasonable world he should sell for that price, but i bet he wont. If you force him, he will probably take the level bungs out and fill it with sand, so in reality maybe just easier to walk away.

Cheers,

Ben.

[Throbbe]

If you get chance to point me in the direction of how the law stands on this point, I'd be very interested. Especially in respect when payment has been made before inspecting an item. A-hem!

Not sure tbh, but there are other forums that will. I googled previously, but ended up in a 26 page discussion on some legal forum.

I don't know if the Sale of Goods Act covers private individuals or not, but I'd say that's your starting point if you're not happy with an item you've paid for. Was it as described. Is it fit for purpose (bit of a tricky one this, as I believe that the seller needs to have said it's suitable for your purpose. I often ask stupid sounding questions when buying things to cover this!).

If it's you selling and someone has demanded a refund, you're probably in a stronger position legally. Goods have been exchanged for a consideration, so you have a contract. If he/she wants to break that, they have to have a valid legal reason for doing so.

Dunno if we have any legal types here (that are brave enough to offer legal advice that might be misconstrued) that can clarify?

If it's a big issue, then CAB or a free initial consultation with a solicitor would be the way to go. If it's a few squids, then I'd be inclined to say life's to short to worry about it and trust karma to balance things up down the line.

[Nutter_John]

Got a reply from Ebay , as I thought there is bugger all they can / will do . Suggested I contact the seller and discuss with him , which to me means they did not even read what i sent em .

ah well I will have to just wait until it comes up again and keep hassling him

[Lillywotsername]

Give 'im Stick Darling.......

[Nevman]

A few months ago there was a very similar case in poland. Not on Polish E-bay but on something exactly the same but dealing only on polish market (www.allegro.pl).
Upset buyer has taken the case to the court and won as the court acknowledged the winning bid as a contract. The seller claimed that he didn't have the car for sale and he was only trying to check the price he may get but forgotten to set up the reserve. The case was about car worth around 15.000 pounds and the court ordered the seller to purchase the car and sell to the buyer for winning bid price or pay him the difference between the winning bid and a market value of the car.
I belive that the law in Poland and UK is different but as we are all in EU there may be some similarity.

[peter thomson]

Relisted now with a new user name

http://cgi.ebay.co.uk/Mitsubishi-VR4-Galant-gearbox-manual_W0QQitemZ200124227523QQihZ010QQcategoryZ104 00QQrdZ1QQcmdZViewItem

[bradc]

already been cancelled or ended

[peter thomson]

Listed once again

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=330162963084&fromMakeTrack=true&ssPageName=VIP:watchlink:middle:uk

[Nutter_John]

just reported him for re advertising as a different user id

Cheers Peter , well spotted

dear ebay
This item and user are the same ones that I reported back to ebay a few months ago where he would not sell the items for the auction price . I appears that the user has set up a new id and is advertising the same goods , he also has not set a reserve and think he will do the same again .

Many Thanks
John

[The Vee]

hmmmm says no reserve but will accept £800......................uhh????/pan

[Nutter_John]

This is the contents of his original add

I have the following items from a Mitsubishi VR4 Galant that need to be removed from storage:

* Transfer box
* Pressure Plate
* Clutch WITH 10 months warranty from CamSkills
* Gear box with 5 months warranty from a japanese breaker
* Release bearing

These parts cost over £1800, but will accept around £1000

These are the parts you need to convert your automatic to a manual

Cash Upon Collection ONLY

You can contact me on 07894683687 if you have any questions or leave me a message

Will have pictures put on asap

And this is his new one - only thing changed is his mobile number

I have the following items from a Mitsubishi VR4 Gallant that need to be removed from storage:

*Transfer Box
* Pressure Plate
* Clutch with seven months warranty
* Gear Box with four months warranty from Japanese Breakers
* Release Bearing
These parts cost me over £1400 but I will accept around £800
no reserve so grab yourself a bargain.
These are the parts you need to convert your automatic to a manual.
Cash upon collection only.
You can contact me on my mobile: 07925972100
If you have any questions then you can contact me on my mobile or send me a text. I will not ship the item or post the item
it must be collected

Thank you very much for looking.


Lets see if ebay remove the listing

[The Vee]

Hope so, coz it does look like he intends doing exactly the same again

[Nutter_John]

will be phoning him tomorrow on both numbers and let him know what i've done , maybe see if he will sell it for the 200 quid he should have sold it for in the first place .

If not I may his number may appear on some bulitn boards ;)

[ianturbo]

play him at his own game !/boxing bid big money and don't pay :afro: , you get 1 bad feedback but you will be smileing :scholar: and he will be /Hissy