Threatened with solicitor action as buyer did not win auction

mippy

shelovestobuystuff wrote: »

Sorry, am I missing something or is this dino-princess-char that you are all slagging off the ebayer with 99.7% positive feedback,only 2 negs in 12 months and only, as far as I can see and I went back a bit, left a very few deserved negs herself?

On eBay you can now no longer leave negative feedback as a seller. So if you sell an item and leave feedback, there's no choice but to leave a positive. Some of the comments on the 'positives' made interesting reading.

Anyway, after speaking to my boyfriend we have sold the shoes to the legitimate winning buyer. The dino-princess-nutcase has been blocked from bidding. I'm a bit put out by how rude some people have been on this thread, but thank you very much for advice given.

amersall

zzzLazyDaisy wrote: »

This is nonsense.

If this second 'buyer' goes to court, the only claim could be one for specific performance - ie to order to to sell the shoes (which the court is not going to do if you no longer have them, and anyway she'd ahve to prove to the court's satisfaction that she did in fact win the auction, which she can't do) OR she could sue for compensation for financial loss... except she didn't pay for them, and unless they are really unique designer shoes, she could presumably find something similar on e-bay for a similar price - since she has a duty to make reasonable efforts to mitigate her loss, that is exactly what the court would expect her to do.

The above comments are made on the basis that she would in fact go to court.... which is ridiculously unlikely - first she would have to lay out court fees without any guarantee of winning, second you would immediately apply to have the case moved to your own court which, depending on where she lives would cost her extra expense in travelling, and thirdly even the cheapest solicitor is going to charge her more than the shoes are worth each hour, and since solicitors fees are not recoverable in the small claims court, she would be well out of pocket!

This is a wind -up, in my view. She can't even neg you because she was NOT the winner.

Block her and ignore her.

Good luck!

well said, my thoughts as well

mippy

Harry_Powell wrote: »

Why on earth did you come on here seeking advice, receive great advice (i.e. ignore this scammer) and then totally ignore the advice and do the worst possible thing?

What were you (and your boyfriend) thinking?

It was my boyfriend's account, and this is what he wanted to do. I wasn't keen, but as it is his account, it was his say. I posted here as I was pretty upset - I was dealing with a lot of work thanks to a power-cut, and though I hate to refer to this, being bipolar makes me panic a lot about things and I need to hear other views sometimes!

mippy

soolin wrote: »

Just one thing to clarify please, has your boyfriend opened up any form of reclaim for FVFs?
QUOTE]

No, a Cancel Transaction

mippy

Blackpool_Saver wrote: »

Um, why are you using your partners account, use an account of your own, I hate when women have to follow a partners mad advice because they don't have their own pc or their own account, are you an adult or a child?

I'm an adult with bipolar disorder who has a tendency to overspend wildly in manic phrases, so I use his account to sell things in order to repay some of the debts run up during times like that in the past.. But thanks for your uninformed judgement :rolleyes:

StaffsSW

Anyone want to share the popcorn...?!

colony

dino-princess-char wrote: »

I actually post all items I send via royal mail first class recorded, or if I can afford it, Special Delivery by 1pm. I then deduct 50 pence from the remainder of the postage cost paid in order to cover my packaging materials and ebay costs, and then provided it's more than 1p difference, make a paypal refund to the buyer, which I find is a better way of doing things these days as in the past I have been stung at the post office with items costing more to post than I had calculated from the website.

Haha, so nice you could join us.

Well seeing as you agree to the postage cost BEFORE you enter a legal contract, perhaps you shouldn't p!ss and moan about it so much afterwards??

mippy

stevew8975 wrote: »

It looks like the original name and shame post from the OP has been removed...

QUOTE]

There was no such post. I removed both our account name and hers from correspondence posted here for obvious reasons - I was looking for advice rather than warning people about a potentially dodgy buyer.

mippy

Oh dear. This was exactly why I removed the names.

eBay is proving to be a lot more hassle than it is worth, and the whole point of me using it to sell was to reduce the stress in my life by reducing my clutter and debts. I just wanted to use it to sort some things out, y'know? I have bought and sold privately on a forum related to a hobby of mine several times, there have occasionally been problems but nothing that didn't eventually get resolved. I think on eBay it's very easy to hide behind a screen-name, or forget that the people with whom you are dealing are often private individuals selling as a hobby.

lisawood78

Raises the question how any knows who the buyer was then?
Glad the OP has finally taken some of the good advice given and sold to the original buyer.
What a farce.