Possible Jail for EBAYER - BEWARE!!!

rizla01

EBAY seller may face jail for auction fixing

Published Date: 07 June 2010


The first eBay seller in the UK to be prosecuted for online auction fixing was warned today he could face jail as his sentencing was adjourned.

Paul Barrett, 39, from Stanley, Co Durham, was due to be sentenced at Bradford Crown Court after bidding against himself on the online auction website.

But Judge Robert Bartfield adjourned the hearing for four weeks for pre-sentence reports and told Barrett all sentencing options were open.

Barrett, a minibus hire firm boss, was investigated by North Yorkshire Trading Standards after a complaint that he had advertised and sold a minibus on eBay with false low mileage.

Officers found he was selling goods on the auction website under the user name "shanconpaul", then bidding on them under the identity "paulthebusman" - a process known as shill bidding.

Barrett earlier pleaded guilty to 10 offences at Skipton Magistrates' Court after using two separate eBay accounts to bid on and increase the prices of his own items.

He also admitted another charge relating to the sale of the minibus.

He told the court at that hearing that he did not realise bidding on his own items - which included a pie and pasty warmer priced at £127 - was a criminal offence.

Today, Judge Bartfield told balding Barrett, who appeared in court wearing a grey suit and a patterned tie, that custody was a "strong possibility".

He told the defendant: "The decision about whether you go to prison or not is one that will be taken by the judge on the day. All options are open."

Barrett was charged with breaches of the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008.

The two new laws were brought into force two years ago to tackle growing internet fraud after an EU directive to bring existing UK consumer protection up to European standards.

He will be sentenced at Bradford Crown Court on July 5.

cyberbob

How many different threads are you planning to post this on? Just wondered as this is number 2. Not sure why I should beware either as I don't Shill any of my sales.

rizla01

cyberbob wrote: »

How many different threads are you planning to post this on? Just wondered as this is number 2. Not sure why I should beware either as I don't Shill any of my sales.

No one seemed to notice it on the other thread so I thought it worthwhile starting a thread on it's own?

Is that OK by you?

I ask as you appear to imagine that this is posted especially for you.


Sadly it is for ALL to see - Some that shill bid and some that don't.

But then that is so with ALL posts on MSE or did you think that you were the only viewer.

I just wondered!

macfly

How do you know it wasn't noticed? It's an old story.

arriva

honestly even though shill bidding is an annoying practice I don't think it is to be considered as a criminal offence.
As I wrote on a similar post, nobody can force you to pay more than what you want to spend... The max amount of your bid is the highest price you are willing to pay for, not a penny more! If you get carried away while bidding it's your fault. Alcohol and gambling have the same effect to you? Just stay away.

Then what next? Driving ban for late shipping...? Ur children taken into custody because you unscrew the fabric conditioner cap for a quick sniff...?

mustrum_ridcully

rizla01 wrote: »

No one seemed to notice it on the other thread so I thought it worthwhile starting a thread on it's own?

Is that OK by you?

I ask as you appear to imagine that this is posted especially for you.


Sadly it is for ALL to see - Some that shill bid and some that don't.

But then that is so with ALL posts on MSE or did you think that you were the only viewer.

I just wondered!

Erm, I don't think anyone even bothered responding when I posted this story back in April (I've not checked and frankly can't be bothered to). Despite that I never felt the need to write a new thread (or bump mine)

Jackinbox99

arriva wrote: »

honestly even though shill bidding is an annoying practice I don't think it is to be considered as a criminal offence.
As I wrote on a similar post, nobody can force you to pay more than what you want to spend... The max amount of your bid is the highest price you are willing to pay for, not a penny more! If you get carried away while bidding it's your fault. Alcohol and gambling have the same effect to you? Just stay away.

Then what next? Driving ban for late shipping...? Ur children taken into custody because you unscrew the fabric conditioner cap for a quick sniff...?

I totally agree. When i buy anything on ebay i workout what i am prepared to pay. I then bid upto that amount and no more. So for me, it doesnt matter if the seller, his imaginary friend or his entire family are trying to shill bid the item, i will not pay any more than I am prepared to pay.

But then you get people saying "well, if they hadnt shill bidded then you would have got the item for less", well no.. i wouldnt. I base the price im prepared to pay upon the market selling price for that item, based upon previous completed ebay sales and what the item goes for in local free-ads / loot etc. Therefore, unless the person has badly worded their advert or has listed the item wrongly, 9/10 it will always make the "market selling price", regardless of shill bidding.

To prove that to some extend, ive had friends ask me to shill bid on their items, and ive said "no... there is no need to, you wait and see". They have waited and sure enough, their item goes up in price during the last hour of the auction and they get the market price for it.

rizla01

Very true.

BUT for the odd item that you list and because it is of LITTLE interest (But still of high value), could still go for 99p start price if not bumped up by other bidders.

Can you blame people for trying to avoid paying the higher Ebay fees by listing with a (Free) start price of 99p.

Aren't Ebay ecouraging Shill Bidding, therefore?

I posted this article (Only on the news yesterday) as I was unaware that the courts would be the least bit interested.

Especially since it is common practice, during a live auction, for the auctioneer to occasionally take a bid 'off the wall' to pick the price up.

masterbrown

Whats the betting he completly gets away with it...

Jackinbox99

rizla01 wrote: »

Especially since it is common practice, during a live auction, for the auctioneer to occasionally take a bid 'off the wall' to pick the price up.

Thats a very good point actually. Ive been to live auctions before where im bidding against the auctioneers imaginary friend. Usually its when theres a reserve on the item or its an item the auctioneer doenst want to let go at a low price.

emby

By all means fine him, but don't put him in prison for gods sake.
There are far more people roaming the streets deserving of a prison place than this guy.