Being sued for cancelling an order?

Roberts_2

Hi, my partner won an auction on Ebay but I then lost my job and he decided he couldn't really afford it any longer. He then contacted the seller and explained the situation. However, the seller is not willing to accept this and has sent 2 invoices. He is also getting his sellers fees reimbursed by Ebay. He is saying that he will sue if my partner doesn't pay. I understand that he can do this if he chooses but my opinion is that as he is trading as a shop he would be covered by the Distance Selling Regulations which allow you to cancel. Is this correct?

Hope someone can help. I think he's being ridiculous as it wasn't a very high value item anyway - it was only £50 but that's not the point.

Smart_But_Casual

Just cancel the transaction and walk away from it.

No one is going to sue you.

Mrs_justjohn

Whilst I don't advocate bidding and then renaging on the deal....I would suggest you ignore him...

He is very unlikely to sue you...and as you rightly say if he is a business and you are not, then you would have a right to cancel anyway. Having said that you would have to enforce that right and it is very difficult - in much the same way that it is very difficult for him to enforce his right to be paid!

Expect to receive an unpaid item strike though! (Quite rightly)

MacsReturns

Question is - was this an AUCTION, or a BIN/fixed price sale? If it's an auction then Distant Selling Regs don't apply. They have a specific exemption for auctions.

For my part, as a business seller, I'd just do a mutual and write it off for goodwill - I certainly wouldn't threaten to sue! You might consider this to be threatening and/or abusive behaviour on the seller's part and report it to eBay customer services...

George666

Hi OP your seller is being an idiot and I don't even know where they would start to enforce a payment from you.
I have as a seller had all of the excuses you can imagine as to why a buyer no cannot pay and as a seller it is annoying.
I would if I were you expect a non payment strike as if someone sends me a message saying they can't or won't pay I just wait 4 days open a dispute and if they have not paid close it 4 days later giving them a strike.
I would also advise that if you get 2 strikes on your buyer account you will not be able to buy much on ebay as most sellers block bidders with 2 strikes.

George666

One more thing distance selling regulations only apply after you have paid for an item they do not apply before payment they are there for you to be refunded if you recieve an item and when you get it and look at it in your hands you change your mind because it is not the same as you thought it would be or there is a problem with it for example it is too big or too small or just does not fit.

Giggles_Fairy

with DSR if the OP was to pay and return would the seller have to refund the full payment ie including postage? (just outward not the return obviously)

George666

Giggles_Fairy wrote: »

with DSR if the OP was to pay and return would the seller have to refund the full payment ie including postage? (just outward not the return obviously)

Yes you are quite right about this however ebay/paypal do not enforce the refunding of the return postage.
And the seller can report the buyer as the seller now has a message from the OP saying they can't pay for the item this may result in the OPs ebay account being closed a far worst outcome than an item strike.

Giggles_Fairy

George666 wrote: »

Yes you are quite right about this however ebay/paypal do not enforce the refunding of the return postage.
And the seller can report the buyer as the seller now has a message from the OP saying they can't pay for the item this may result in the OPs ebay account being closed a far worst outcome than an item strike.

All I was thinking of is from a sellers point of view was that if this was the case then surely it is just better to admit defeat, tell buyer you will have to do a npb to reclaim fees or if feeling generous do a mutual and just relist. As surely if they could return and get a full refund according to DSR anyway then the seller would be out of pocket for fees and outward postage too. Plus the hassel of sending it and then recieving it back. Plus just admitting defeat would at least promote good customer service and at least make you look generous and could lead to a postive feedback rather than a negative for threatening to sue!

Was in no way suggesting the OP did this now. Was just enquiring as I am not 100% sure ont eh rules regarding DSR

Thank you for answering my question .

Roberts_2

Thanks for all your posts.

Thing is my bf has already been removed from Ebay which he isn't bothered about and realises he was stupid. I just don't get why this seller is still looking to take things further all for the sake of £50!

Makes no sense to me :think:

Mrs_justjohn

Roberts wrote: »

Thanks for all your posts.

Thing is my bf has already been removed from Ebay which he isn't bothered about and realises he was stupid. I just don't get why this seller is still looking to take things further all for the sake of £50!

Makes no sense to me :think:

Removed from ebay? You mean he has been suspended or Naru'd? Is this for unpaid Item strikes?

As I stated above the seller will not sue you. Point out to the seller that the id is naru'd so the contract is void:rotfl: