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Listing Items which are not in stock

I was recently outbid on a cat scratching post and within a day was offered a second chance offer at my last bid price. I accepted it and "won" the item. Before I could pay, I received an e-mail saying the item is currently out of stock until mid March. I was offered other items for the same price which was a good deal, but I didn't want those, I wanted the one I bid on.

I e-mailed the seller and explained I was happy to wait for them to come back into stock and would pay when that time arrose.

I have now received an unpaid item alert from Ebay. I will pay for the item, as I want it, but why should I pay 8 weeks prior to getting it ? the idea of Ebay is to (hopefull) get the item within a week of purchase.

Has this happened to others ?, can I withold payment ?

Thanks
"Dogs come when they are called. Cats take a message and get back to you" :j :j

Comments

  • mrsb_5
    mrsb_5 Posts: 155 Forumite
    i would say you are entitled to file a non performing seller thing as, if he didn't state in the auction that the item would be out of stock until march, then you would be right in asking for it to be sent asap. If it was me I would reply to the non paying bidder alert saying you will pay when item is in stock, meanwhile file a non performing seller alert too ;)
    My first ever Ebay Challenge. So far after fees etc for 2007 - £635.72 :T
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I'd be hopping mad! Ruddy cheek! :mad:
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Open a non performing seller dispute against them. I think it's 60 days max that you can list an item without having it.
    "Beautiful young people are accidents of nature, But beautiful old people are works of art."
    -- Eleanor Roosevelt
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I don't think you can open a NPS dispute if you haven't paid.

    But I don't think you should pay! At least, not yet...
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Then your next step would be to see if you and the seller could do a mutual withdrawl.

    The bottom line is that if you pay for it and it doesn't turn up, it's too late to claim and you lose your money.
    "Beautiful young people are accidents of nature, But beautiful old people are works of art."
    -- Eleanor Roosevelt
  • soolin
    soolin Posts: 74,421 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Sellers should not list things on ebay (which includes second chance offers) unless they can guarantee delivery within 30 days. Therefore send his emails to ebay with a complaint that you won't pay as item is not available, with any luck the item listing will get pulled.

    Soo
    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.
  • Dazzieboo
    Dazzieboo Posts: 498 Forumite
    Thanks everyone, just as I was drafting my complaint to Ebay the seller got in touch, he has closed the dispute and has said he will invoice me when the new stock arrives. I wonder if he suddenly realised what bother I could get him in.

    Thanks again.
    "Dogs come when they are called. Cats take a message and get back to you" :j :j
  • the cheek!
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