ebay unpaid item case opened against me

Goldiegirl

UsernameAlreadyExists wrote: »

Honestly? You're saying that? This is MSE. Have you never dealt via ebay as a shop window, but dealt outside of it?
Shame on you.

This perfectly illustrates my point regarding 'being MSE'


This post is implying it's acceptable to deal outside the terms and conditions of eBay, in the name of being MSE.


Well it's not.


If someone is prepared not to act within the T&Cs, there's a certain implication that they might not play it straight with me either.


If someone did suggest to me dealing outside eBay for a better price, there'd be a swift decline and they'd be blocked immediately.


'Being MSE' is not justification for dodgy dealing


Shame on you

Gleeful

alykatz wrote: »

I thought it was still after 4 days you could close the case not 2?

I'm not sure! I never use them

Hermione_Granger

Prowla, you state that you won't pay because the seller in question won't respond to a question that you asked, yet you are constantly failing to respond to a simple question that I have asked twice.

For the third time, and I will make sure that it's easy for you to see and hopefully easy for you to respond to.

Why do you think that the ebay user agreement doesn't apply to you?

When you bid on or buy an item, you're accepting the seller's terms as set out in their listing. You're entitled to expect that the seller will do what they've said with regards to postage, payments and returns.

prowla

jpsartre wrote: »

And since one apparently isn't forthcoming that leaves your refusal to pay. As others have said, you're inventing your own T&C after the fact.

Nope - it is within ebay's T&Cs, and as I've said, no reply isn't good enough for me.

usefulmale wrote: »

The seller HAS replied via the unpaid item case.

The ebay t&c's are not built around your wants or needs prowla.

Why do you care if the seller is reading messages? Your money is safe if you pay via paypal, so whats your problem? Your REAL problem?

The seller has not replied to my message.

ebay's terms do not override common sense.

My "real" problem is as stated; it's there in the thread.

alykatz wrote: »

Cutting to the chase , its simple,
1, Question asked,no reply[bad seller]

2, at least 2 days later npb case opened[ seller may have npbs set to open automatically]

3 Buyer either pays or doesnt[ If it were me i would take the no reply as a no answer as i had already bid and won and pay, As some one else already said i hate leaving items unpaid.]

4, If buyer does not pay an npb strike will be awarded.
Buyer can try to get the npb removed, but that is a remote possibility.

All the rest of the malarky ive read on here is getting quite silly now.
Yes the buyer should have asked before bidding that is after all only only good manners.
Yes after all the seller should have responded that is only good manners.
But as has been said before the seller may be fed up with buyer in their eyes trying to alter the t&cs after winning.

The fact its a new account does not mean the seller is new to ebay.

As I've said, it's not bad manners to ask a question; it only takes a minimal effort to reply, and I'm not paying until I get a reply.

You're right that a new account doesn't necessarily mean that the user is now to ebay; however this account isn't particularly new (2005), they simply don't have many transactions (actually an average of about one a year).

usefulmale

If you will not pay, you will get a strike. Good. If you behaved like this in a physical auction house (or indeed any shop), you would be shown the door and never be allowed to return.

prowla

Hermione_Granger wrote: »

Prowla, you state that you won't pay because the seller in question won't respond to a question that you asked, yet you are constantly failing to respond to a simple question that I have asked twice.

For the third time, and I will make sure that it's easy for you to see and hopefully easy for you to respond to.

Why do you think that the ebay user agreement doesn't apply to you?

Apologies; I wasn't aware that I was a customer of yours and so obliged to respond.

But in response to your (third time of asking), the answer has already been given.

I repeat that I am perfectly happy to proceed with the transaction, once I receive a reply.

I will not part with my money until I have confidence in the seller.

I don't know if you are aware of it, but ebay has a defined process to cover unpaid items, as follows:

1. Talk to the buyer

You can solve most problems by talking directly with the buyer. If you don't have it, you can get the buyer's contact information.


2. Work it out in our Resolution Centre

If you can't work things out directly with the buyer, you can open an unpaid item case in the Resolution Centre. You must open the case on the same eBay country site where you sold the item.
Timeline: Opening a case - 2 to 32 days after the sale

The seller hasn't done (1), and has gone straight to (2) (possibly automatically, as mentioned).


The seller's rules then go on to state:

3. We contact the buyer to request payment

Timeline:

• We contact the buyer immediately after you opened the case
• The buyer has 4 days from the time you opened the case to pay

During this time the buyer can also contact you to request a payment extension or make another arrangement. Of course you can agree to the buyer's request, but you're not obliged to make special arrangements.
If the buyer doesn't pay within 4 days, you can close the case and an unpaid item may be recorded on the buyer's account. If the buyer has contacted you and you've agreed to extend the payment deadline, you can wait up to 36 days after the listing ended to close the case.

The seller has not done (3), whereas I have, within that time, contacted the seller to make another arrangement. The seller has not responded either way.

Also, be aware that I am not haggling over the purchase price of the item, I am looking to avoid unnecessary payment to a third party for a service which is not required and which is less convenient to me (and possibly to the seller) than going and picking it up in person.

Further, be aware that this is a 99p item on ebay, and some people seem to be blowing it out of proportion!

prowla

usefulmale wrote: »

If you will not pay, you will get a strike. Good. If you behaved like this in a physical auction house (or indeed any shop), you would be shown the door and never be allowed to return.

If I asked a question in a physical auction house, I would expect to receive a reply there and then.

If I won an item and then said I can take it in my car, so you don't have to go to the effort of sending it to me, they would likely say yes.

If they said ah, but it's pre-packaged which cost us money, then I'd say ok then I'll cover the cost of that and still save us the cost, effort and delay of sending it.

If they said no, it's pre-packaged and we've already paid its postage and franked it, then I'd say ok then.

If I won an item and went to ask a question and then simply ignored me, then I would walk out of the door under my own steam and never return.

Amber_Sunshine

Perhaps the seller hasn't replied because they suspect that OP will not take no for an answer. Which would be a reasonable assumption if this thread is anything to go by.

campdave

prowla wrote: »

Further, be aware that this is a 99p item on ebay, and some people seem to be blowing it out of proportion!

I think your belligerence and refusal to accept that some of the blame for the situation arising in the first place is the reason this thread is on the 11th page of going round and round and round.

prowla

SeduLOUs wrote: »

Prowla. The agreement/contract is formed at the point you bid. It says this clearly on the page that you bid on.

It doesn't mean you are committing to buy based on whatever convenient terms you decide to make up after the auction has ended.

Yes, parties CAN mutually agree to amend terms after the end of the sale, perhaps if an item gets damaged in the meantime, but there is absolutely NO obligation to do so. The seller laid out his terms, you agreed to them and should stick to them.

You cannot force a seller to renegotiate when the contract has already been 'signed' by you bidding.

Yes the seller could have replied and it would have been POLITE to do so - he doesn't have to though. But you should pay, because it is your LEGALLY BINDING CONTRACTUAL OBLIGATION to do so.

It's already been quoted, but here is some more stuff from the User Agreement.

I'm not posting anymore because you clearly just don't get it.

I'd also love Martin to read this thread too. I'm sure he will agree that breaching your terms of a contract in an attempt to force a seller to renegotiate AFTER you have shaken hands is not reasonable behaviour.

Bye then...

I'm not trying to force the seller to renegotiate; I'm expecting them to reply to my message. They are under no obligation to renegotiate, and a polite "no" is a valid response.

I would gladly like to shake hands with the seller, but they haven't responded.

And as I say (and said in the OP), I'm waiting for that reply.