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eBay Unpaid Item Appeal.... How!
Gloomendoom
Posts: 16,551 Forumite
I recently bought two "Buy It Now" items from the same eBay seller. I changed my mind about the sale before I paid. Believing I was entitled to cancel the purchase under the distance selling regulations, I contacted the seller and told them that I no longer wanted to proceed with the purchase.
A couple of days later, I received a payment reminder from the seller so I again contacted them and again pointed out that I wished to cancel the purchase under the distance selling regulations.
To cut a long story short, I have now got two unpaid items recorded against my account.
Two questions....
1. Was I right in assuming that under the distance selling regs I could cancel before I paid for and received the item?
2. How on earth do I lodge an appeal? The eBay link to the Unpaid Item Appeal form just takes me to a "contact us" page which in turn takes me back to the page I started from. :mad:
Any advice gratefully received.
A couple of days later, I received a payment reminder from the seller so I again contacted them and again pointed out that I wished to cancel the purchase under the distance selling regulations.
To cut a long story short, I have now got two unpaid items recorded against my account.
Two questions....
1. Was I right in assuming that under the distance selling regs I could cancel before I paid for and received the item?
2. How on earth do I lodge an appeal? The eBay link to the Unpaid Item Appeal form just takes me to a "contact us" page which in turn takes me back to the page I started from. :mad:
Any advice gratefully received.
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Comments
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Gloomendoom wrote: »I recently bought two "Buy It Now" items from the same eBay seller. I changed my mind about the sale before I paid. Believing I was entitled to cancel the purchase under the distance selling regulations, I contacted the seller and told them that I no longer wanted to proceed with the purchase.
A couple of days later, I received a payment reminder from the seller so I again contacted them and again pointed out that I wished to cancel the purchase under the distance selling regulations.
To cut a long story short, I have now got two unpaid items recorded against my account.
Two questions....
1. Was I right in assuming that under the distance selling regs I could cancel before I paid for and received the item?
2. How on earth do I lodge an appeal? The eBay link to the Unpaid Item Appeal form just takes me to a "contact us" page which in turn takes me back to the page I started from. :mad:
Any advice gratefully received.
In case you don't know.... two strikes will prevent you from buying from a large number of sellers, as there are blocks that can be put in place.
In terms of contacting you could try live chat, or type 'currency converter' in the contact us page and it will give you to a contact number (I saw this recommended on the ebay board, worth a try)0 -
terra_ferma wrote: »In case you don't know.... two strikes will prevent you from buying from a large number of sellers, as there are blocks that can be put in place.
In terms of contacting you could try live chat, or type 'currency converter' in the contact us page and it will give you to a contact number (I saw this recommended on the ebay board, worth a try)
Thanks for that.
The the Office of Fair Trading website confirms that distance sellers have to allow customers a seven working day cooling off period during which they can cancel their contract.
It seems the seller is acting outside the law. The trouble is that they have, to date, ignored all my communications on the matter.0 -
OMG... aren't you every eBay sellers worst nightmare!!
It's not like you were bidding on a 'wim' and got carried away winning an auction in the last few minutes or seconds..... you actually clicked the 'buy it now' button..not once..but TWICE!!!!!!!!!!!!!!!
Buy it now.. actually does mean 'buy it now'!
Could be a private seller who was having a 'clearout' - I doubt you will have any comeback then!
If you end up 'wriggling' out of it, then you totally deserve to be blocked from bidding on every single ebay item in future!!0 -
You need to follow the correct appeal procedure here.
http://pages.ebay.co.uk/help/buy/appeal-unpaid-item.html0 -
Look at it a different way.
Yes under DSRs you have a right to cancel, and you were able to cancel without the seller persuing you at all or threatening you with anything silly. So you have the exact outcome you legally were entitled to. The law does not say that you cannot be prevented from buying again, any seller or organisation can take steps to protect themselves against potential issues.
Therefore the seller has completely within the rules claimed their own fees back for these items and by doing so has added strikes to your ebay account. Ebay is not the law, if they allow sellers to block people who change their mind then that is completely legal. If an online shop considered you a problem they would block you to, so you have no 'legal' argument against the seller or against ebay.
You have received your legal rights, and the seller and ebay are protecting themselves (which is an entirely different matter) against a potential problem buyer.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.0 -
For obvious reasons I would be surprised if the venue rules were if you cancel under DSR your activities within the venue get restricted.
If OP does send an appeal along the lines of no payment required as cancelled under Distant Selling Regulations please post the outcome here.0 -
Gloomendoom wrote: »Two questions....
1. Was I right in assuming that under the distance selling regs I could cancel before I paid for and received the item?
Yes if you were buying from a business seller. You have the right to cancel but you don't have a right to use ebay and they can impose penalties if they wish.Gloomendoom wrote: »2. How on earth do I lodge an appeal? The eBay link to the Unpaid Item Appeal form just takes me to a "contact us" page which in turn takes me back to the page I started from. :mad:0 -
Cast iron spam...Act in haste, repent at leisure.
dunstonh wrote:Its a serious financial transaction and one of the biggest things you will ever buy. So, stop treating it like buying an ipod.0 -
You could also bear in mind, that while the seller is waiting for you to pay, he cannot readvertise the item. I've been in this situation, as a seller, several times and if you're short of cash it's not funny!!!!
If you dont intend paying, then dont buy!0 -
OMG... aren't you every eBay sellers worst nightmare!!
It's not like you were bidding on a 'wim' and got carried away winning an auction in the last few minutes or seconds..... you actually clicked the 'buy it now' button..not once..but TWICE!!!!!!!!!!!!!!!
Buy it now.. actually does mean 'buy it now'!
Could be a private seller who was having a 'clearout' - I doubt you will have any comeback then!
If you end up 'wriggling' out of it, then you totally deserve to be blocked from bidding on every single ebay item in future!!
No need to get emotional. It was a very large business seller... who should be well aware that the distance selling regulations apply to all BIN items (including those listed by private sellers having a 'clearout') as they sell online outside eBay too.
Under the law, Buy It Now does not mean Buy It Now. A purchaser has seven days to change their mind and cancel the contract should they wish to do so, for any reason.
I do take the point about eBay or the seller being well within their rights to make their own rules though.0
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