Buyer refusing to pay for item (£1100)

goshdarnit

Ashok wrote: »

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!

It annoys me that ebay make it very difficult to claim back all your fees. Its not your fault so why should you have to meet that expense. Ebay should cover this IMO. Same things happened to me in the past, but not for as much money.

RFW

goshdarnit wrote: »

It annoys me that ebay make it very difficult to claim back all your fees. Its not your fault so why should you have to meet that expense. Ebay should cover this IMO. Same things happened to me in the past, but not for as much money.

The additional fees are classed as "advertising" by Ebay and at the end of the transaction their part of that service has been used. Ebay would say that it wasn't their fault either that item had not been paid for. The only "selling" part of the transaction is the basic listing fee and the final value fee. It is part of their legally binding terms and conditions.

I also note your other comments regarding auctions, nowhere on this post have I suggested that the OP take the buyer to court. I recommended threatening to take him to court in order to reclaim his fees from him. I stand by the statement that if he did go to court, he is likely to win the case, but unlikely to get any money out of it.

You persistently ask for people to show you evidence that non paying bidders have succesfully been taken to court, yet don't offer any evidence from your argument, ie any failed cases.

Smeep

Just on the topic of if you took someone to the small claims court question that has been asked.

I know not a lot about law, etc - however I would say that it is in eBay's terms and conditions when you sign up that you agree to pay for any items that you bid. (I'm certain you could get a more official copy, instead of just a printed one from the website or something). I *think* all you'd have to do is prove that the person you're dealing with is in breach of the terms and conditions. Meaning you'd have to prove it was their account. If more than one person is using the account (Likely with a power seller!) then you'd be in some trouble.

Anyway, that's just me best guessing. Don't know if I'm right or wrong.

Emmzi

In court, they wouldn't be able to force the buyer to buy. The aim would be to put the seller back to the same position they'd be in if the buyer hadn't bought, IYSWIM.

So seller had laptop; still has laptop; on that aspect, no restitution required. (Yes, some depreciation, but O can't see that going anywhere. Seller is in same material position.)

Seller paid listing fees; now has to pay relisting fees. Possibly buyer could be charged with refunding them.

BUT is it really worth it for, say £50 tops? Too much hassle and pain for me.. I'd move on.

user051105

Start NPB process, if he does not respond you should be able to leave feedback without him retailiating. Something along the lines of

BUYERS & SELLERS BEWARE - UNRELIABLE BUYER DOESN'T PAY FOR ITEMS

Which is completley truthful,

goshdarnit

RFW wrote: »

nowhere on this post have I suggested that the OP take the buyer to court. I recommended threatening to take him to court in order to reclaim his fees from him. I stand by the statement that if he did go to court, he is likely to win the case, but unlikely to get any money out of it.

I actually wrote "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)"

Its always a bad idea to threaten people, if you are not prepared to go through with the process.

If he did win his case (the other person didn't turn up) there are processes in place (balliffs spring to mind) to ensure you get your money. However, this takes more time, and more money.

RFW wrote: »

You persistently ask for people to show you evidence that non paying bidders have succesfully been taken to court, yet don't offer any evidence from your argument, ie any failed cases.

Heres someone who went to court regarding a seller not selling and lost

http://forums.moneysavingexpert.com/showpost.html?p=5708066&postcount=6

Ashok_2

Originally he was going to pay my fees, and now he's saying he called a lawyer or something and has been told he doesn't have to pay me a penny as he has not received the item...

Has anyone got any solid laws or something I can quote to him to show him that he does in fact have to pay me my fees at least (if there is something showing he should pay for the product, even better).

Thanks.♠

goshdarnit

Ashok wrote: »

Has anyone got any solid laws or something I can quote to him to show him that he does in fact have to pay me my fees at least (if there is something showing he should pay for the product, even better).

Thanks.♠

None that I'm aware off, but that doesn't mean there isn't a bit of legislation somewhere that good be twisted. However, I would like to think that ebay should NOT have charged you due to the fact that one of there members didn't pay.

Bamber19

RFW wrote: »

I stand by the statement that if he did go to court, he is likely to win the case, but unlikely to get any money out of it.

This is where some people are having a problem, where does the belief that he is likely to win the case come from. It's misleading to tell people one outcome is likely when you don't really know. It seems a lot of people put forward an opinion as fact based not on what would actually happen but what they think ought to happen in a fair and just world. What has been stated before is that where the terms of a website and Uk statute and Common Law on the law of contract (In this situation the question of when a contract is formed) contradict each other, the law will prevail.

Rain_is_Insane

If you advertise something in a paper shop window and it doesn't sell, would you expect the paper shop to refund you?

The "legality" here is very sketchy looking at some of the posts here. I would advise you just to put this down to bad experience and relist the item......or in the words of my son "suck it up dude"