Selling on eBay Without Owner's Permission

mikeeffect

Hi,

My ex has sold a bike I bought for my son on eBay without asking my permission, and has pocketed the proceeds of the sale. The bike did not belong to her, it belonged to me, and I did not want it to be sold.

What are my rights in relation to this? How can I either get the bike back, or be reimbursed for the cost of replacing the bike for my son?

As far as I am aware, this constitutes a fraudulent sale, doesn't it? Isn't this covered by the terms and conditions of eBay? Can she be prosecuted?

soolin

mikeeffect wrote: »

Hi,

My ex has sold a bike I bought for my son on eBay without asking my permission, and has pocketed the proceeds of the sale. The bike did not belong to her, it belonged to me, and I did not want it to be sold.

What are my rights in relation to this? How can I either get the bike back, or be reimbursed for the cost of replacing the bike for my son?

As far as I am aware, this constitutes a fraudulent sale, doesn't it? Isn't this covered by the terms and conditions of eBay? Can she be prosecuted?

Forget the eBay side of this and treat it like any theft. Go to the Police report that an item has been stolen/sold without consent and take it from there.

however, there are a lot of factors here, for instance is your OP the boys legal guardian? In which case I think it doubtful that she would not have the right to sell.

eBay would not be liable for this, your OP is.

mikeeffect

No, I am the legal guardian of the kids, they live with me. The bike had been in her shed for a period of time, but such is the relationship we have, its not really practical to go and get things if you get me.

As it is, he wanted to use the bike today because his one here had broken, and it became apparent that she has sold it.

Ok, but as far as eBay goes, could the account not be suspended for fraudulent trading?

bris

Your ex didn't need your permission, it wasn't your bike. When you give a gift you have no more say over what happens to it. If your son is upset by this then it is he who would need to report the theft, you could take him there to report it but in the end it is his decision.
As Soolin says this is a family matter and nothing to do with Ebay. although if it does get officially classed as stolen, your son would be entitled to it back.

Notmyrealname

mikeeffect wrote: »

Hi,
The bike did not belong to her, it belonged to me, and I did not want it to be sold.

No it didn't. When you gave it to your son it became his.

QuackQuackOops

The bike is not yours. It belongs to your son.
The police will laugh you out of the station.

Stop being so petty.

amcluesent

Get the lad to bell Childline and report his Mum for mental cruelty an' that

soolin

The other side of this would be how long had the bike been On someone else's property?

If no attempt had been made to show ownership then I think it would make any legal action against the OP very difficult.

Riversong

Also consider woul legal action make things worse between you and your ex? could it affect the children/child involved? Their wellbeing should come first with things like this. A new bike can always be bought, horrible words heard can never be erased.

eBayRipOff

What nonsense, how can this be theft in any way? This sounds more like a couples titt for tatt battle, get over it.

Possession is the key in this issue, the bike was with her, in her house! So how can you prove that it was stolen, when it was with her? Do you have the original receipts that you paid for it? If it was yours or your son, as you say you is his legal guardian, why did you not let the bike stay with you?

Not attacking you, but just explaining how it would work, no use to waste time, money on this, because you will get know where.

I once had a truck, registered on my name, but in her possession, the hell I had to go trough to be able to get it back, even though I could even prove the registration document of the truck!

However this still sounds like non win case, better let it go, move on, life is to short!
Bike sold, she has the money, she did not steal it, it was in her shed! Simple, case closed!

mikeeffect wrote: »

The bike had been in her shed for a period of time,