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won auction and seller refusing honour sale

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Hi,
I am sure this is not the first time this has happened but i have had a look through the threads and can't find an answer... Basically I won an auction for a pushchair (local pick up). As soon as the auction finished the seller (with a feedback of 4) informed me they wanted more for it and I couldn't have it.... I politely emailed back saying I was sorry they weren't happy and so on but that was the price it sold for and that wasn't my fault. No response. Now I know that I can open a case with ebay but with a low feedback are they really going to be bothered? Will ebat actually do anything worthwhile? Also I thought it was a legally binding contract? Is it? Are there details I can tell the seller? Thanks for advice, I am bit p'd off with the whole think really, if they wanted more they should have started the listing higher surely? I have had to let things go cheap before - hey ho i thought, that's part of the deal...
:A
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Comments

  • Buggles
    Buggles Posts: 333 Forumite
    You must open a case with ebay. Ebay themselves might not be too bothered, but your seller will be when you give her a negative feedback.
  • kazwookie
    kazwookie Posts: 14,270 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Open a case and neg them
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  • EEYORE2911
    EEYORE2911 Posts: 141 Forumite
    It's sooo frustrating! As she only has a feedback of 4 I imagine she will just close the account and open a new one :( I take it there is nothing legal to scare them with?
    :A
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    You can report them as a non-performing seller, provided you paid, but you may not have any recourse here apart from a neg.

    The legally binding contract situation of eBay is difficult to ascertain. Normally money needs to change hands and both parties need to agree the terms for there to be a definite contract (as I understand the laws from my recent course on accountancy), but there is a provision for contracts to be formed "at the drop of the hammer" for auctions, so it leaves eBay in a difficult situation. It may be worth pursuing if you have the stamina for a legal fight but since you have lost nothing then you may not be unhappy to drop the matter as far as pursuing this particular buggy is concerned.

    Item not received disputes can only be opened if the buyer has paid for the item; if it's a local pickup and you were expecting to pay cash, then I'm assuming no money has changed hands.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • EEYORE2911
    EEYORE2911 Posts: 141 Forumite
    You are correct, no money has changed hands :( She has emailed me a stroppy reply despite my being nice! Stating
    ' If you choose to report, thats fine.
    But i wasn't the person who dealt the with low bid starting price, and its my pushchair to sell. I refuse to sell it for any less than £70.'

    Not sure why on earth she says she didn't choose the starting price though!!??
    Ah well, she has requested i cancel transaction but i don't think that's fair on me really as i bid in good faith.
    :A
  • amcluesent
    amcluesent Posts: 9,425 Forumite
    Nothing you can do except report as dead-beat seller and neg.
  • pinkshoes
    pinkshoes Posts: 20,564 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How much did you win it for? If they offer a mutual, REFUSE.

    I'd just leave a neg saying "seller refused to sell after auction ended", then move on and find another one. Very annoying, but not a lot you can do...
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • EEYORE2911
    EEYORE2911 Posts: 141 Forumite
    Thanks guys, thought as much but at least i got to vent a bit!!
    :A
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Ridiculous answer, as she is responsible for the start price. Presumably she put it on at 99p to get a free listing.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • darkblue_2
    darkblue_2 Posts: 676 Forumite
    Precisely, Crowqueen. They will have wanted cheaper/free insertion fees and aren't happy with the selling price, which is just tough because they have the ability to set what they want for it by reserve or starting price.

    It's really frustrating, but your only options are to report to eBay. They generally do act swiftly and do the right thing, but it doesn't get you your purchase.
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