I have won a PS3 for 1p!!

libertine_2

imho i think he agreed to sell the PS3 to someone else off eBay for cash as he stated in his auction.

he then ended the auction but made a mistake by clicking the button saying he ended it to sell to the highest bidder rather than clicking the button saying he ended it as it is no longer for sale.

under the law of mistake (which is rather rusty as I did it 2 years ago) as it is an obvious mistake he is entitled to rescind the contract and so you are only entitled to claim damages suffered rather than enforce performance of the contract. and of course damage suffered is nothing in this case.

trencherpilot

If you read the bidding history, he cancelled all the bids at 16:20, you must have bid, as the cancel item process was going through. He cancelled on bid for £450!

Smickan

Contains_Mild_Peril wrote:

Call me Scrooge, but Christmas or not, this seller shouldn't just get away with flouting the rules and the spirit of eBay. I'd report them, as well as leaving negative feedback. I hope they've missed out on a lot of money by ending the auction early before other bidders got involved, but unfortunately if they have, they'll never know.
Merry Christmas everyone!

Exactly, any other time of the year, people would be giving advice, not laughing at the OP.

Sure, it's a ridiculous amount and it's almost definatley not going to happen, - but the seller did end the auction with a winning bidder, however you look at it.

I think the seller may have had a change of heart, or had it advertised elsewhere for sale and be selling it to someone else.

mikey-mike_2

libertine wrote:

.....he is entitled to rescind the contract and so you are only entitled to claim damages suffered rather than enforce performance of the contract. and of course damage suffered is nothing in this case.

I would have thought damages suffered would be the difference between the sale price and what it cost to get another one elsewhere.

I suppose the question is “are bids and sales on ebay legally binding?”

This might be the one to gamble on in the county court as the odds (filing fee vs winning) would be rather good at something over 10/1

HugoSP

My take would depend on how amicable the seller was.

If he was rude and a general numpty then I would report it as a NPS. In addition if he has tried to sell outside of e bay then that's another rule he has broken. Add the rule about sellig PS3s then that makes three rules. Complain about him and hopefully the rest of us won't have to deal with him in the future .

On the other hand I have seen other auctions end like this and the seller has appealed to the buyers better nature. If that is the case then I would let it go.

janedoe_3

I have sniped at the last minute and won an item for a penny as the seller was cancelling the bids (a couple of years ago) before the new rules of cancelling bids but he wouldn't sell to me as the item was worth £200+ but I was new on ebay then and didm't know about non performing sellers and the like.

Poppy9

veruccasalt wrote:

Have a heart! Of course you're not going to get it for a penny!

Just let it go, dont file against him, its not worth it and you will just cause upset

The seller didn't have much of a heart. Another greedy ebayer hoping to generate a huge profit. He got what he deserves. We all know you won't get the item for that price but he deserves neg feedback for not upholding his side of the contract. If it was the other way around he would leave it for you.

crompton

I think you should have the ps3 for 1p, surely when you list an object and buy an object you are entering a legally binding contract, if that was woolworths they would get done. Ebay is so pathetic now, all these bloody nigerian scammers, stupid ebooks for 1p each, and then ****ing not supplying sellers like this. Yes ok it was a silly price but who cares.
Edit:
found this at trading standards -
"Sellers are required to deliver items according to auction terms once payment has been received in kind. Failure to do so is a very serious offense, and the line between seller non-performance and fraud (a criminal offense) is a very thin, at times nonexistent one. "

"To avoid charges of seller non-performance, a seller who is unable to deliver an item for any reason must immediately refund the winning bidder's payment, provide a full explanation, accept the negative feedback he or she is likely to receive, and hope that the buyer doesn't pursue matters further."

I suggest you either ask for a refund, or take this to court. Hes actually commiting fraud, unless there is a reserve on this then hes legally obliged to give you the item. Either get the refund and neg or take to court and neg, thats what i think anyway. Sorry rant over

MrB_2

This is great. If I were the seller, I would be feeling a little sheepish right now and that feeling would last for a long, long time.
No, you won't get a PS3 for a penny, but maybe you should ask for a conselation prize

sirboz

Looks like he was cancelling bids as the op stuck his penny bid on , genuine mistake & bad timing , whats the big deal and all the fuss about ? ?

St Neots is only round the corner from me, I could pop round with a 1p coin and see what he says :rotfl: