Highest unique bid auctions...

George_Michael

sammob wrote: »

Hi Flyboy, thanks for your quick response

These types of auctions have been investigated by the UK Gaming Commission and they published a decision on 29th August, 2011 stating that since they require skill to win, and little if any 'luck' then they are not considered to be a form of gambling.

This doesn't make sense to me. There are many games and sports that require a degree of skill to win but they are still considered as gambling.

Take poker for example. Most people would agree to to become a champion at this requires a fair amount of skill, but this game is considered as gambling.
The gaming commission have a list of rules that must be followed before poker is allowed in bars and clubs, and if they didn't consider it as gambling why would they need to be involved?

sammob

George_Michael wrote: »

This doesn't make sense to me. There are many games and sports that require a degree of skill to win but they are still considered as gambling.

Take poker for example. Most people would agree to to become a champion at this requires a fair amount of skill, but this game is considered as gambling.
The gaming commission have a list of rules that must be followed before poker is allowed in bars and clubs, and if they didn't consider it as gambling why would they need to be involved?

Doesn't make much sense to me either, but that's how they see it.

From the Gambling Act 2005 - "The Gambling Act 2005 requires the outcome of a prize competition to rely on skill, knowledge or judgement, rather than chance."

I suppose someone high up somewhere has asked the Commission to review Penny Auctions and Reverse Auctions again because they came back on 29th August, 2011 and said the same thing again - Not a game of chance.

Whatever they are, it sounds to me like someone should look at them again urgently if it's possible to con so many thousands of people with no come backs.

sammob

arcon5 wrote: »

What payment method did you use?

I used PayPal

One of the things I aim to do is raise a dispute with PayPal for all the good it'll do.

Like I say, I'm less concerned about £30 than the thousands of others who are being conned in the same way.

Interestingly, this particular site states that they "aim" to deliver the items within 30 Working days... 30 working days works out at around 42 actual days. And PayPal disputes are limited to 45 days.

It's the 45th day today for another item - it's too late for the £800 item, so I've raised a dispute against the other item - they have 20 days to resolve it now. I'm beginning to wonder if this 30 Working day clause is put in place specifically because they know that PayPal disputes can't be made after 45 (actual) days.

DWatts

It begs the question that, if you seem to understand so much about how they're conning people etc. - why'd you use the site in the first place?

sammob

DWatts wrote: »

It begs the question that, if you seem to understand so much about how they're conning people etc. - why'd you use the site in the first place?

A reasonable question - the short answer is 'greed'

If the site was legitimate, I could have potentially won an £800 item at a total cost to me of just £30, which was worth a gamble I thought.

My understanding came after I used the site - that's when I started digging into it's history. The fact that my motives weren't particularly pure, still doesn't mean it's right though.

DWatts

How did you pay for it with Paypal? If you have no luck with them (and they're run by ebay, so I suspect you won't) you could always try a chargeback with your card issuer.

whitelabel

there is the possibility of loss of bargain that could be pursued.

State they have xx period of time to provide the item or you will purchase else where and sue for the cost.

Their breach of contract and your loss of bargain I think would be the basis to make the claim.

Theyll most likely ignore the claim and leave you chasing a ccj though i guess then shut up shop and reopen with a new name

arcon5

DWatts wrote: »

How did you pay for it with Paypal? If you have no luck with them (and they're run by ebay, so I suspect you won't) you could always try a chargeback with your card issuer.

Won't work.

When you pay with paypal, your adding funds to your paypal balance which are subsequently sent to the seller. So the transaction is between you and paypal, then paypal and the seller and you have no problem with paypal

sammob

whitelabel wrote: »

there is the possibility of loss of bargain that could be pursued.

State they have xx period of time to provide the item or you will purchase else where and sue for the cost.

Their breach of contract and your loss of bargain I think would be the basis to make the claim.

Theyll most likely ignore the claim and leave you chasing a ccj though i guess then shut up shop and reopen with a new name

Thanks for your reply, that's very interesting... I'll have a good read up on Robinson v Harman (1848) regarding a remedy in law to put the injured party in the position they would have been in if the contract had been performed. It may not even require me to actually purchase the item (although I would imagine it may strengthen the case).

Here's a quote from their T's & C's

After an auction has ended, if you have Won you will be emailed with an offer to conclude a contract to purchase the Product which was the subject of the auction for a price equal to the value of your winning Bid (Contract). You will be provided with information such as total price (including delivery costs to the address provided on registration) and payment options. You must, within 14 days of dispatch of that email, actively confirm and pay the total price for the Win by following the instructions provided. Once you have accepted the offer and provided such confirmation and paid the total price, the Win is considered to be accepted.

We will try to deliver the Product in 30 working days of receipt of your decision. If we are not able, for reasons outside our control, to deliver a Product won on auction, we will be entitled to substitute the Product with a comparable replacement product with the same or better features, or provide a refund of the Item Retail Price for the Product if this is your preference.

I have emails stating I have won the auction, emails confirming receipt of documents and receipt of payment for the item - so it's a pretty clear case of breach of contract if they don't send out the item, offer a replacement or provide a refund of the Item Retail Price.

I'm happy to file an N1 just to give them something to think about.

arcon5

Is it nepalbid?

If you go to small claims court, before you do so make sure you do a search on the company to see how many CCjs there is already against them.

Following this, I would ask whether it is worth it... it will cost about £80-£90 in total to get the judgement so know point throwing good money after bad if there is a chance you won't see it again.