Too harsh?

Beardmidget

Hi all,

I won an auction for a private number plate on eBay last night (I don't mind/care what you think about private plates!). I paid instantly via PayPal.

This morning I received an email as quoted:
" I am sorry but there has been a mistake, I am new to selling on ebay in fact this is my first time , there should have been a reserve on the plate ,it is worth at least 750.00 so I can't sell it to you for 72.00 . Sorry to have caused any disappointment ,I am contacting ebay now to see how I can resolve this."

I am rather unmoved by this, essentially because I have been burned as a buyer and a seller before by people failing in their contractual obligations, and drafted the following response:

"Dear [Seller],

Thank you for your email. Unfortunately, I am disinclined towards your (admittedly polite) request.
I have upheld my end of our contract by paying promptly via PayPal, and notably you have not even attempted to refund my money.

I expect you to perform on your end of the contract by sending the necessary documentation to secure the registration number.

In the case that you are unprepared to acquiesce to my request for specific performance, I assure you I can, and will, be pursuing a claim against you in the small claims court.

To be clear, I will be claiming under breach of contract for either a) enforcement of specific performance (I.e. You send the documentation as contractually obliged) or b) damages under the head 'loss of a bargain'. I am grateful for your provision of a market valuation in this respect. I will be claiming for the amount I would have gained had the contract been performed as agreed: therefore I will be asking for £677, as the gap between the bargain I made and the market price.

I look forward to your response, in writing, within 48hrs.

Yours sincerely,

Dr. [Beardmidget] MBBS (London), BA (Oxon) - Jurisprudence (Law)."


Should I pull the trigger?

Beardmidget

Just to clarify: the seller has rubbed salt in the wound by a) not bothering to refund me, and b) filing a mutually agreed cancellation with eBay, which I clearly didn't agree to...

DaveTheMus

Send it straight away......

Do you have the sellers details, name, address etc?

Beardmidget

Good point- I have a name & email address. I wonder if I can subtly ask for an address by stating I need it to ask PayPal for further assistance or some such. Obviously, there is a legally registered keeper of the plate, if it comes to that!

DaveTheMus

Beardmidget wrote: »

Good point- I have a name & email address. I wonder if I can subtly ask for an address by stating I need it to ask PayPal for further assistance or some such. Obviously, there is a legally registered keeper of the plate, if it comes to that!

You could ask a friend to buy another item they have for sale.....a small value item then pay for it by postal order, you would need the address to send that off.

grintricha

yes too harsh, unless the seller has lots of feedback proving thy are not a new seller just cut your loses, open a case get your refund, neg them and move on

bullying the seller is not the right course of action, you wanted to relieve somebody of something that they did not know the value of to line you're own pockets and now want to get aggrieved because your pleasant and charming plan has not worked

it's a lovely world we live in

jeffuk

If the seller won't honour an Ebay sale why would you think he will do any different in SCC.

usefulmale

Your letter is just full of legalese claptrap. It is not going to go anywhere. Best you can do is neg and move on.

retiredlady

Too harsh, especially as it was their very first sale!

campdave

Firstly, the seller is not in the right and should have priced their item appropriately.

However, your letter is nothing short of bullying. The letters after your name are nothing other than trying to intimidate the seller into selling at worst, and arrogance at best.

If you want to go down the legal route, go down it rather than using the threat of it to extort money out of someone.

soolin

Dr. [Beardmidget] MBBS (London), BA (Oxon) - Jurisprudence (Law)."

Apologies but this makes me snigger - I just see a poor sad little person how managed to get an O level in law but reads a bit and thinks they look impressive. Regardless of what you are- I really wouldn't risk making yourself look foolish