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I have won a PS3 for 1p!!

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Comments

  • slowen
    slowen Posts: 2,795 Forumite
    1,000 Posts Combo Breaker
    crompton wrote:
    Ifound 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. "

    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 :D


    Don't think these rules come into place with ebay

    According to ebay's rules a buyer or seller cannot be forced into completing a sale, so no matter how hard you could try you probably won't get anywhere and at the end of the day the seller could just close their ebay account and re-open under a new name

    If a seller lists an item on ebay they should complete the sale as it is a contract but seeing that ebay are not bothered as they say no-one can be forced to complete a sale seems a bit pointless. Myself I have sold stuff on ebay to "new members" and they think that they can just not pay up once they have won or BIN and it does your head in so it's swings and roundabouts
  • Timmne
    Timmne Posts: 2,555 Forumite
    I can't believe how many people on here are slating the OP!!

    Jesus it was a genuine request for advice, not a "Woohoo, I've just won a PS3 from a sucker - watch while I make him PAY!!!"...

    Well done chap, I think you did well. You've obviously realised you're not going to get a PS3 (in fact there probably isn't one in this guy's posession anyway!), but you should file this with eBay. I'm a regular user (buying/selling) of eBay and seeing people do this kind of thing really gets my goat - although this is an extreme example, you can't just not sell something if you didn't make enough money on it, that's why reserves exist!!
  • MrB wrote:
    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

    iwouldnt invite him to post me anything lol just imagine what you might getlol...............
  • Bamber19
    Bamber19 Posts: 2,264 Forumite
    also be aware that trading standards, like the OFT etc have a habit of giving their opinion on things and presenting them as abslute fact, regardless of whereabouts the situation is in the legal process.
    Bought, not Brought
  • jennyjelly
    jennyjelly Posts: 1,708 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    What a hoot!

    Two good things have probably come out of this:

    1. You have learned that there is no such thing as something for nothing, and
    2. He has learned to stop being so !!!!!! and pay to put a reserve on valuable items.

    Happy New Year to both of you - learn your lessons and you will both be happier in 2007!
    Oh dear, here we go again.
  • Crompton...........


    which part of Trading Standards did you find this comment at.........

    Originally Posted by crompton
    Ifound 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. "


    I don't doubt you.I'm just curious as to when TS started using Americanisms....... it's offence, NOT offense, yet you've copied it verbatim?! I'd like to see that piece of literature.....................

    Mike
    if i had known then what i know now
  • crompton wrote:
    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. "

    Although this info is correct, in the sense of ebay its wrong.
    Ebay is NOT an auction site.
    Check the terms and conditions you signed up to

    http://pages.ebay.co.uk/help/policies/user-agreement.html

    "3.1 eBay is not an auctioneer. Although we are commonly referred to as an online auction web site it is important to realise that we are not a traditional auctioneer. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from anywhere, in a variety of price formats"

    This means the buyer has offered the seller 1 pence for the item, the seller has declined this offer and has decided NOT to sell.

    Ebay may make up fanciful 'rules' stating

    "5.3 Binding Bids. A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing,"

    this is are just to ensure ebay gets its cut, and serves no useful purpose.
  • Guinea_2
    Guinea_2 Posts: 505 Forumite
    Anyway....I think you did great to 'get' the PS3 for 1p although I do agree with others to say that you won't actually receive it. I don't agree with all this moaning and groaning about the subject though. People are right saying that the seller should have put a reserve on the item if he was that precious about it. I mean, it's worth loads so surely he was a bit of an idiot not to?!
    I personally think you should leave because you won't get the PS3 BUT....I would leave him negative feedback but e-mail him beforehand to explain why. This is just my humble opinion though so don't shout me down!
    :love:Baby Bump born 4th March 2010! :kisses:
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    mike230652 wrote:


    I don't doubt you.I'm just curious as to when TS started using Americanisms....... it's offence, NOT offense, yet you've copied it verbatim?! I'd like to see that piece of literature.....................

    Mike

    I'd like to see a link to that too. I can't see that advice being given on any TSS site, especially since TSS have no jurisdictional authority for fraud issues, therefore cannot give an opinion on it.
    I know I'd never have given that advice, as failure to send an item may not even fall into the realms of TSS remit, as they will not take action againsta private seller.
    I await the link with interest.
  • info seems to emminate from http://ebay.about.com/od/glossaryofebayterms/g/gl_snp.htm

    so, as the article was about ebay practices, its totally wrong.
    True auctions work on the principle of legally binding bids, ebay, not being an auction site (in the legal sense) doesn't.
    crompton wrote:
    Edit:
    found this at trading standards -
    "Sellers are required .....D

    Think that should read 'found this at about.com"
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