ebay unpaid item case opened against me

Parity

I can't believe the amount of nonsense I've read from someone asking a community for help!

I have read through the diatribe and am quite disgusted at how the OP has been treated.

First of all....to label them as a 'penny pincher'.....how ridiculous.....aren't we all members of this forum because we like to save a few pennies where we can?!

Then, for one forum member to say that you wouldn't try to "buy from a shop in the high street and the negotiate your own terms!". Actually....go and ask Martin....I think he'd disagree. You should always see your purchases as negotiable. Martin advises us to haggle where we can, it's part of the MSE toolkit. Negotiable = negotiate....this involves communication! This is where our fellow MS-er met with problems and where you should be supporting him/her!

Next, to accept no communication from someone we are buying from.....how do you know this won't turn into them not bothering to send the item, postage paid for or not? I'd certainly be worried as a buyer that just as I had received no reply to my message to the seller, I might also receive no goods! As one forum member bravely compared ebay to buying an item in a shop (fool!), I shall make the same analogy: if I had asked to buy a product in a shop, had not been spoken to, acknowledged or given some indication that I had any importance as a buyer.....I'd be walking right out of that shop and leave the product on the counter (as I have done in the past, actually!).

As for non-communication being an 'answer in itself'.....I shudder to think of the consequences of how this might play out across different areas of life. Non-communication means nothing. It means they haven't said one way or another. PLEASE do not muddy the waters on this issue!

We know nothing of the true nature of this transaction; how long was left on the auction in order to communicate with the seller, the decency of the seller (who is, admittedly, fairly new to eBay), the practical cost of sending the item through the postal system.

What I have witnessed is someone posting to ask advice and being lambasted by over-enthusiastic nay-sayers. Some of you have even had the gall to ask for eBay usernames as some sort of bully-boy tactic.

Shame on you.

As an experienced eBay buyer and seller, communication is all. It's about common decency (which I don't expect some of the thread-posters to understand). It goes both ways. Online sales depend on trust far more than high street sales where you are face-to-face with a representative of a huge company and therefore are fairly sure of decent service overall (through complaint procedures), even if the shop assistant is an ignorant numpty.

If the seller can't be bothered to email you a simple 2 letter response of 'No'....why the hell should you trust them to go to the post office and send the item.

Well done to the OP for being savvy in this case. It saves him/her trying to recoup their losses through Paypal.

gik

UsernameAlreadyExists wrote: »

and Prowla is well within his rights to expect a simple response to a simple question.

As is the seller in expecting the buyer to simply pay for what they simply agreed to buy under the simple terms that they simply agreed to when they bid surely?

SeduLOUs

UsernameAlreadyExists wrote: »

and Prowla is well within his rights to expect a simple response to a simple question.

Why?

I'd probably reply politely to the first request, but if stuff like this happened more often I'd get fed up, ignore and report in exactly the same manner this seller has done.

Time is money, and sellers shouldn't be expected to waste their time conversing with buyers who don't have the decency to ask their simple questions before bidding on items.

UsernameAlreadyExists

gik wrote: »

As is the seller in expecting the buyer to simply pay for what they simply agreed to buy under the simple terms that they simply agreed to when they bid surely?

No. nothing is ever so simple.
Walk into a Starbucks and ask for a "coffee".

UsernameAlreadyExists

SeduLOUs wrote: »

Why?
I'd probably reply politely to the first request, .

They didn't.

SeduLOUs

@Parity I understand what you are trying to say, but haggling and negotiating should be done BEFORE finalising a contract, not after. If prowla had sent the message requesting collection before bidding there would not be an issue.

If I wanted Curry's to chuck in a free TV stand with my new telly I'd ask in the showroom, not after they've lugged the thing from the warehouse and rung it up on the till...

SeduLOUs

UsernameAlreadyExists wrote: »

They didn't.

I meant the first request from 'any' buyer. He could have had several 'after-sale' requests like this in the past from other buyers and his patience has already run out.

gik

Parity wrote: »

I can't believe the amount of nonsense I've read from someone asking a community for help!

I have read through the diatribe and am quite disgusted at how the OP has been treated.

First of all....to label them as a 'penny pincher'.....how ridiculous.....aren't we all members of this forum because we like to save a few pennies where we can?!

Then, for one forum member to say that you wouldn't try to "buy from a shop in the high street and the negotiate your own terms!". Actually....go and ask Martin....I think he'd disagree. You should always see your purchases as negotiable. Martin advises us to haggle where we can, it's part of the MSE toolkit. Negotiable = negotiate....this involves communication! This is where our fellow MS-er met with problems and where you should be supporting him/her!

Next, to accept no communication from someone we are buying from.....how do you know this won't turn into them not bothering to send the item, postage paid for or not? I'd certainly be worried as a buyer that just as I had received no reply to my message to the seller, I might also receive no goods! As one forum member bravely compared ebay to buying an item in a shop (fool!), I shall make the same analogy: if I had asked to buy a product in a shop, had not been spoken to, acknowledged or given some indication that I had any importance as a buyer.....I'd be walking right out of that shop and leave the product on the counter (as I have done in the past, actually!).

As for non-communication being an 'answer in itself'.....I shudder to think of the consequences of how this might play out across different areas of life. Non-communication means nothing. It means they haven't said one way or another. PLEASE do not muddy the waters on this issue!

We know nothing of the true nature of this transaction; how long was left on the auction in order to communicate with the seller, the decency of the seller (who is, admittedly, fairly new to eBay), the practical cost of sending the item through the postal system.

What I have witnessed is someone posting to ask advice and being lambasted by over-enthusiastic nay-sayers. Some of you have even had the gall to ask for eBay usernames as some sort of bully-boy tactic.

Shame on you.

As an experienced eBay buyer and seller, communication is all. It's about common decency (which I don't expect some of the thread-posters to understand). It goes both ways. Online sales depend on trust far more than high street sales where you are face-to-face with a representative of a huge company and therefore are fairly sure of decent service overall (through complaint procedures), even if the shop assistant is an ignorant numpty.

If the seller can't be bothered to email you a simple 2 letter response of 'No'....why the hell should you trust them to go to the post office and send the item.

Well done to the OP for being savvy in this case. It saves him/her trying to recoup their losses through Paypal.

Wow...care to put up your ebay ID...the one where you'd be willing to renegotiate the terms with from anyone who buys from you?

Parity

Had the seller wrapped and posted the item? If so, I'd agree with you. But all our OP wanted was an answer to a question. If you had bought your item from Curry's and then had asked a simple question, like"can you lend me a trolley to get it to my car?", would you expect to be totally ignored because the transaction had been finalised?

I agree that the OP should have asked before-hand, however, the seller really should be replying to emails relating to the sale of the item, if only with "No". Non-communication is a bad sign and I would be wary of handing over any money.

prowla

UsernameAlreadyExists wrote: »

Common sense and manners would be to reply to a simple question before escalating it to an unpaid item case.
Even if the answer is as simple as "no".

Yep - that's what I'm saying.

alykatz wrote: »

In all fairness you yourself have stated the listing did not offer collection,so to be fair the time to find out if that option is on the table is before bidding,
Your right the seller is being rude in not replying to your question But that doesnt excuse the fact you have bid ,won and not paid
.
And yes i do think that you are breaking a moral code in as much as you knew before bidding there was no collection offered, but still decided to bid and win, then ask the question of collection.

you say if you speak to someone and they ignore you , you dont want to do business with them.
Maybe your seller thinks, that someone asking pertinent questions about collection after bidding and winning is someone they dont want to do business with.

Forgot to add ebay telling you they will remove any strike does not mean they will.
ebay cs are notorious for giving bad and incorrect information.

Not paid, yet...

There's nothing wrong with asking pertinent (ie. relevant) questions, and the ebay information allows things to be changed by mutual consent.

Yes, it is possible that the outcome could differ from the assurances I pasted here, but it won't be the end of the world.

The offer didn't state collection, but that doesn't mean it's not possible; I've asked the question.

Many sellers state in their T&Cs that collection is not allowed. (When I sell, I state in mine that it is, but I do sometimes forget to select the option in the Postage & payments section.)

gik wrote: »

That was yesterday...and for a good reason given the date. But you still reneging on what you agreed is and always will be wrong...whatever the date and your protestations.

Ebay ID if you are sure you are correct?

Not reneging; waiting.

I've already answered your question about ebay id; I'm not sure why you're obsessing about it.

Hermione_Granger wrote: »

Just out of curiosity Prowla, why do you think that the ebay user agreement doesn't apply to you?

I'm asking a question...

Out of curiosity, how can you achieve a mutual agreement to change them (which ebay says is acceptable) if you accept an agreement that you won't (which your quote implies)? Clearly those are contradictory and so neither is absolute.

SeduLOUs wrote: »

Which part of "By submitting your bid, you'll be contractually committing to buy this item from the seller if you are the winning bidder." do you not understand?

Terms can be changed after the event only by mutual agreement, but there is no obligation for a seller to enter into a conversation with you (regardless of what you believe would be polite) if he has no wish to change the terms of the sale.

He has not agreed to change the terms, and obviously isn't going to, so it's time for you to uphold your side of the contractual agreement as it stands and pay.

As I said, I've asked the question, and haven't received an answer. Being ignored is not an answer.

UsernameAlreadyExists wrote: »

You've never sold anything, so your threat to block prowla was pretty menacing.

I'm really menaced...

pearl123 wrote: »

I'm beginning to wonder if OP is a troll, because they are not taking anything seriously.

Stating my position is not trolling...

SeduLOUs wrote: »

Well, they've signed into eBay to file a claim, so they've had opportunity to see the message. Regardless, if he hasn't seen the message that's just more evidence that the original terms still stand - how can he agree to something he hasn't seen!

Yes! And if you refer to the OP, I asked whether I could put a message into the case, so that the seller might see it. That was the purpose of the thread!

SeduLOUs wrote: »

Next time I go to Asda, I might just walk out with a trolley full of shopping and leave a post it on one of their bins promising that I'll pay next month as long as they phone me on my new premium 0845 number, seeing as you think it's OK to just request a change in terms after negotiating a contract wihout any regard for the seller.

I don't see the connection there.

How about if you bought something from a shop and asked them to deleiver it, and then called them back to say you'd collect it instead...

gik wrote: »

Whether I've sold anything on my buyers ebay account is really totally irrelevant..the point is I unlike you and prowla I answered the question asked. Somewhat ironic to be honest.

That is incorrect; I answered the question; I said "no, it's none of your business".