Buyer refusing to pay for item (£1100)

Cute_'n'_Quirky

Unpaid Item Policy

Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction-style listing or use the Buy It Now feature. eBay's Unpaid Item policy requires buyers to pay the seller for the items that they commit to purchase.

goshdarnit

Cute_n_Quirky wrote: »

Unpaid Item Policy Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction-style listing or use the Buy It Now feature. eBay's Unpaid Item policy requires buyers to pay the seller for the items that they commit to purchase.

UK law takes precedence over ebays T&Cs.

Cute_'n'_Quirky

You enter into a contract by signing to that particular agreement.

Ebay's t&c's are well within UK law.

diesel9181

ok im going back a bit and this may not actually be of any use but i think theres more than 1 person using the account. if you read his feedback left for others the ones at the top are in really poor english but further down the page they appear to have been written by someone else who writes in english ok. dont know if this makes any difference at all? probably not but it seems a bit strange?

goshdarnit

Cute_n_Quirky wrote: »

You enter into a contract by signing to that particular agreement. Ebay's t&c's are well within UK law.

As you deem that ebays T&Cs are well within UK law you must be basing this on some knowledge of the law, then answer this one question "If I didn't want to buy the item off you, you took me to small claims court, and its now up to you to tell the court how you though I had entered into a contract. You're going to do this on what point of law, or what legal precedence?"

pinkladymel

'Goshdarnit', You seem like an intelligent individual and of course everyone is free to express themselves and their knowledge on MSE - However you seem to be more interested in singling out individuals and asking them repeated questions. I don't know your history on MSE as I have never come across your name before so perhaps I am reading your messages wrong but I just feel as though you are being a bit mean...

I'll go crawl away to my corner again now..

Just didnt want this to be another thread that continues for fifty pages going back and forth with pompous bicker for some new person who needs help to see and scare them away.

Mel :A

goshdarnit

My point is that some on here continue to see ebay as an auction site, with the legal implications of that. I try and be nice (unlike the sarcastic responses some on here give) and point them in the correct direction, I ask specific questions to try and see where they're coming from, and get no reponse to these questions. (Nowhere in ebays T&Cs, for example, ever mention they're an auction site! ).

However, some of these same people are telling other MSE'rs to go to the expense of a small claims action (not the two people above, but the signals are still there), to travel the length and breadth of the country, to get some sort of legal recourse.

I feel that by asking this one question I'll honestly get people to think about the fact that they haven't got a legal leg to stand on in court. No-one has yet answered it beyond saying ebay is an auction, and hence laws relating to auctions apply - even though they cannot point out why they beleive that ebay is an auction, or they state that t&Cs outweight the law.

This attitude should be more worrying to those of us who see the financial implications of persuading people to go to court on an assumption of the law. Whether that be expenses, a day off work, the other parties costs etc etc. IMO thats not good moneysaving.

Hintza

Let's break this down

OP has a buyer who has not paid, which is certainly against Ebay rules and might or might not be against UK law.

The OP then has two options:-

1. Tackle it through EBay (but at the end of the day the buyer can't be forced to pay) and then move on and try and sell elswhere.

2. Decide to take it through the courts. This option is by no means certain and will cost a lot of time and possibly money. OP will probably have to keep the item in the meantime and it's losing money every day!

I took London Underground all the way to the financial ombidsman a number of years ago over a £10 penalty fare. But the thing I learnt was it is very heavy going in terms of time and effort and I still lost (still disagree with them ... but that is life).

The point is does the OP have the time, money or inclination to take this all the way when the outcome is so unclear? If not then it is probably best moving on.

motorguy

Hintza wrote: »

The point is does the OP have the time, money or inclination to take this all the way when the outcome is so unclear? If not then it is probably best moving on.

I agree totally. You can never make this guy pay.

I'd raise an unpaid item dispute, reclaim my fees and move on...

Ashok_2

I have done that, and have also relisted the item, but I'll only get a small percentage of fees back, and it's already lost its value a fair bit, it won't sell for as much!