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Threatened with solicitor action as buyer did not win auction

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  • soolin
    soolin Posts: 74,162 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I would be shaken to but I would respond politely but with a note of finality and again suggest she refers her complaint to ebay as you are bound by the information they supply you and ebay told you she did not win.

    Like Steve says though whatever you had charged for postage pay extra out of your own pocket to track her other shoes .
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Just re-read If I were you i would take plenty of photos from all angles of the other pair of shoes so she can not damage them (perhaps include todays paper so their is a time line on when photos were taken). You have a nightmare coming your way.

    I might even be tempted to talk to ebay and try and cancel the sale.
  • chja
    chja Posts: 913 Forumite
    I'm sure their solicitor wouldn't get out of bed for £50, so does not sound like a cost effective move.

    Send it to the winning bidder, keep a copy of the eBay email advising you who the winner is and suggest that her solicitor contacts eBay. In the unlikely even that you do receive a letter (not sure how they would get your address), simply reply that you suggest they contact eBay.
  • cyril82
    cyril82 Posts: 948 Forumite
    Please don't be shaken up or in anyway distressed about this. She does not have a legal case.

    She can't take you to court for cancelling her bid, you have the legal right to do so. You can refuse to sell to anyone you like, especially if you decline (cancel bid) before any money changes hands.

    Also you didn't cancel her bid, but even if you did, well it's as i say above.

    She will have a hard time proving that you cancelled the bid, and even if she could it would be in vain.

    She can't sue for her bid not registering on ebay, that is an ebay problem nothing to do with you.

    There really is no case for her to pursue no matter what angle she tries.

    Unfortunately ebay have no way of detecting idiots during the registration process so you will inevitably encounter them on ebay from time to time.
  • mippy
    mippy Posts: 497 Forumite
    Part of the Furniture Combo Breaker
    My OH has told me I should refund the legitimate buyer, explaining the situation. I have done this, but I'm really not happy doing it, as she won the auction and it's not her fault someone's trying it on.

    I also refunded the shoes the dodgy buyer paid for as I have no desire to deal with her if she kicks off like this.
  • cyril82
    cyril82 Posts: 948 Forumite
    mippy wrote: »
    My OH has told me I should refund the legitimate buyer, explaining the situation. I have done this, but I'm really not happy doing it, as she won the auction and it's not her fault someone's trying it on.

    I also refunded the shoes the dodgy buyer paid for as I have no desire to deal with her if she kicks off like this.


    i would have just sent them to the real winner and told the idiot to get on her bike....or waste her money on a solicitor, it's really quite ridiculous what she is threatening, i would just continue with the original sale and pay her no more attention.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    not a good idea
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    You refunded the legitimate buyer? Are you mad, now you will have two folk leaving you negs, can your account stand that without suspension.

    For goodness sake contact the legitimate buyer apologise and explain the problem and ask them to pay again and get them sent out asap.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mippy wrote: »
    My OH has told me I should refund the legitimate buyer, explaining the situation. I have done this, but I'm really not happy doing it, as she won the auction and it's not her fault someone's trying it on.

    I also refunded the shoes the dodgy buyer paid for as I have no desire to deal with her if she kicks off like this.

    What happens if the legitimate buyer threatens legal action? :confused:

    I think you should go out and buy another pair of shoes and send them both a pair - a refund them just in case they think they were too expensive. :rolleyes:
  • soolin
    soolin Posts: 74,162 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have to say my OH who rarely if ever uses Ebay often gives me 'helpful' advice as well, luckily I know to ignore it.

    Like the others I am now concerned that you have the possibility of two negs now which could well ruin any future trading. One from the (trying to think of a polite term here) person who is intellectually challanged but who has legitimately won a second item from you, and one from a now disgruntled winning bidder of the firts pair of shoes.

    You've also got to pay your FVFs for the shoes that sold and pay to relist them.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
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