ebay unpaid item case opened against me

gik

prowla wrote: »

Are you suggesting that you enter into a dialogue with every prospective seller of every item you are considering bidding on on ebay, and then deciding whether to bid on the basis of whether they reply?

I'm currently watching 20-30 items and bidding on 7; the numbers would be unmanageable.

Watching 20-30 and bidding on seven is not unmanageable. The process is you ask your questions and get your answer before you bid...really simple isn't it?

SeduLOUs

prowla wrote: »

Are you suggesting that you enter into a dialogue with every prospective seller of every item you are considering bidding on on ebay, and then deciding whether to bid on the basis of whether they reply?

I'm currently watching 20-30 items and bidding on 7; the numbers would be unmanageable.

Absolutely. If I want to bid on an item that has a £15 postage fee but no mention of collection, and I would rather collect the item to avoid that fee, I would ask the seller before bidding. Because I know that bidding creates a contractual obligation for me to pay for the item, and if the seller then ignores me or choose not to alllw me to collect I am stuck with the postage fee.

If the bidder failed to respond, or told me that I couldn't collect, then I would make a decision as to whether I should still bid on the item.

If that's too complicated or inconvenient for you and you want to collect an item, perhaps you should only bid on items where collection is obviously stated on the listing, so that you don't have to ask the question.

Parity wrote: »

The OP is happy to pay for the item, just wanted to see if he could collect in person. WHY should this simple request be met with such condemnation?!

Because OP started negotiations after the contract was signed. Seller clearly isn't interested in negotiating. Too late. Tough.

gik

Parity wrote: »

And here is a quote direct from the eBay site:

Remember, communicating with buyers is important

How did the seller meet with this?

The OP is happy to pay for the item, just wanted to see if he could collect in person. WHY should this simple request be met with such condemnation?!

The buyer bid and agreed to the terms so they follow through and pay what they agreed?

prowla

SeduLOUs wrote: »

It doesn't matter what his reasons are. He has absolutely no contractual obligation to have a conversation with you. You however have a contractual obligation to pay for the items you bid on as per the terms you agreed to when placing the bid.

You were wrong to assume that the seller would be willing/able/polite enough to negotiate with you after the auction ended. Therefore you need to accept that the original terms still stand and you should pay for the item and postage.

I responded to your comment that the seller could be sick of people asking them questions, and showed why I think that is unlikely.

As I said, the ebay rules allow for a variation by mutual consent, which requires a dialogue; that is within the rules of ebay usage, and so perfectly valid.

In fact as a general case, most contracts can be varied by mutual consent. And of course, to do that you have to have a discussion.

I've now adopted the position that if the seller can't/won't reply to me then how can I be confident that they will make the effort to actually post my item?

(Of course, as I've said many times, it may simply be that they haven't checked their messages; if they've only 4 transactions in the past year, they may not login regularly and/or spot the messages.)

Parity

SeduLOUs wrote: »

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.

So, as a seller, you'd be polite and reply. EXACTLY my point.
Why would you trust someone to post an item to you when they can't be bothered even sending you the most brief email back?

As for 'Time is money'....they are not a bulk-seller and perhaps our OP should have taken note of their low feedback rating (oh yeah....he did...in thinking they might not have known how to set different options for sending/collection!).

Sellers shouldn't have to waste their time.....YES they should be expected to do the bare minimum. Even my local Asda teenage shop-assistant manages to communicate with me, even after the cash has left my hands and there's nothing more for them to gain!

likelyfran

Listen, OP, you decided to 'do business' with the seller when you bid on their item at the risk of winning it.
You are now contracted to PAY.
Which you are refusing to do.
[Text removed by Forum Team]

prowla

SeduLOUs wrote: »

Absolutely. If I want to bid on an item that has a £15 postage fee but no mention of collection, and I would rather collect the item to avoid that fee, I would ask the seller before bidding. Because I know that bidding creates a contractual obligation for me to pay for the item, and if the seller then ignores me or choose not to alllw me to collect I am stuck with the postage fee.

If the bidder failed to respond, or told me that I couldn't collect, then I would make a decision as to whether I should still bid on the item.

If that's too complicated or inconvenient for you and you want to collect an item, perhaps you should only bid on items where collection is obviously stated on the listing, so that you don't have to ask the question.

As already mentioned (multiple times), it can be varied by mutual agreement.

One item in over 1000 transactions is not too complicated or inconvenient; I've simply asked if I can collect as I will be driving past their town (curiously on my way to collect another complementary item from another seller who only offered collection!) - who knows, maybe the seller never thought of it (in their total of less than 10 sales!)?

In all honesty, I didn't expect it to be an issue, and it is still possible that it isn't (except in the eyes of some of the people on this thread).

likelyfran

prowla wrote: »

It's perfectly reasonable to ask the question after winning; it's a question not a demand/instruction.

There is no moral wrong in asking that; do you really think that that is breaking any moral code?

I do, however, expect a reply.

Again, I'm not sure about the melodrama of whether failing to reply is immoral or not, but it is common courtesy to do so.

I've (politely) asked the seller if I can collect, and they haven't replied.

There's no moral high ground, but if I speak to someone and they just ignore me, then I'm not sure I want to do business with them.

Also, the postage is not money to the seller (sellers are not allowed to disguise payments as P&P), so that is neutral as far as the amount agreed to pay. From my side, I've offered to pick it up from them and save them the effort of taking it to the Post Office.

You picking up the item and 'saving them the effort' is, by all appearances', NOT how this seller wants to do business with this transaction.
WHY that is, 'new seller' etc. etc., is beside the point and actually none of your business.
THEY have done their bit, so far, by offering the item for sale and allowing you to purchase it.
YOU are now supposed to PAY or take your well-deserved STRIKE.
Once you have PAID, seller can complete their side of the bargain and SEND you the item you have actually agreed (by bidding) for them to post to you, as per stated listing terms.
Capiche?
(No, I know, you don't, never mind.)

gik

There has been no mutual agreement regarding a variation to what was agreed in the contract. So what you agreed to stands sureiy?

prowla

likelyfran wrote: »

You picking up the item and 'saving them the effort' is, by all appearances', NOT how this seller wants to do business with this transaction.
WHY that is, 'new seller' etc. etc., is beside the point and actually none of your business.
THEY have done their bit, so far, by offering the item for sale and allowing you to purchase it.
YOU are now supposed to PAY or take your well-deserved STRIKE.
Once you have PAID, seller can complete their side of the bargain and SEND you the item you have actually agreed (by bidding) for them to post to you, as per stated listing terms.
Capiche?
(No, I know, you don't, never mind.)

Nope - I have asked the seller a question, which is relevant to the payment.
I am waiting for their reply.
Comprende?
(Probably not...)