Bought an item in error seller now threatening legal action

goshdarnit

IMO he doesn't stand a chance in court. More-so as you informed him you were withdrawing your offer.
If he does want to go to court over this make it at your local court, not his.

alant1000

If there were various bids on it (which it sounds like there might have been) he can always do a second chance offer to the bidder just below you (the difference in the sell price will be £1 - so whats his problem, unless of course the bidder below you was actually him using a second account to bump up the price (it does happen)).

He says that you have incurred him storage costs - put presumably the costs are no different to what they would have been if he didnt sell, you haven't forced him to incur those costs at all.

Plus you said you gave him notice to cancel the bid before it ended.

The only thing is eBay bids are a binding contract - HOWEVER you are excluded from this under the "not as described" process: http://pages.ebay.co.uk/help/tp/inr-snad-process.html

The worst he can do is leave you negative feedback, to which on the reply just point any readers to the misleading advert.

If he opens an unpaid item dispute, i'm sure ebay will probably see your point of view.

The difference between a 2004 car and 2005 can be alot in price (even if both a 54 plate).... nah, just ignore this plum he hasnt got much clout with his feeble argument.

phatbear

The crazy fool has just contacted me with:

Distance selling regulations do not apply in this instance as you have clearly placed a bid to buy.

It should be noted, that you have not been subjected to an invitation to treat. However you have placed a bid to purchase an item.

You are failing to acknowledge that you entered into a legally binding contract to purchase item 140140636933.

As a gesture of goodwill we are prepared to reduce the sale price by £100 or you have the option to pay £100 to avoid the purchase of the vehicle.

Gawd bless him, maybe I should offer him the chance to pay me £100 before I pop round and wee on his rose bushes.

all the best

the bear

blue_monkey_2

Maybe you should do an item not as listed thingy with eBay to get it sorted once and for all and there are no comebcaks then. Tell them you only bid as your wife thought she was getting that lovely tan 'leather' handbag in the passenger side as there is no mention of the bag and luggage not being included. As they are not you sre not buying it!!

Seriously, someone will come along with the link - I am sure there is one as he has misdescribed the car by the year and has tried to increase it's worth by doing this. Someone will come along with the link in a minute.

phatbear

Well this is my comeback:

"Well i'll give ya 10 our of 10 for trying this is from ebays very own site, ooh and if your intersted its also cited by the office of fair trading:
"DSR's do not apply to real world auctions however, trading standards and the DTI do NOT class eBay as auctions regardless of it being called an online auction" you also have failed to mention your mis-advertising of your product, and the convenient removal of one persons bid and yet I was not offered the same opportunity to withdraw, kinda weird that, its also amazing that despite claiming that you were closed when I tried to contact you on tuesday afternoon you seem more than capable of contacting me now, again another suspicious situation. As far as your kind offer to drop this situ for £100 Im afraid to say I will have to decline, but thanks anyway"

Gawd bless him is what I say, ooh and ive just reported him to ebay for mis-description of goods so lets see what they do about it.

All the best

The Bear

alant1000

ha he seems like he is scraping the barrel with the £100 get out clause... i'd love to see the link for the car, post it if you like in case anyone else can pick more holes.

Seriously - the best one liner to send him is that you are raising an item not as described claim, and this will result in a strike against his name - or he can offer £100 for YOU not to raise it with ebay. :money:

Put the shoe on the other foot - the reason you have pulled out is as the item is not as described, simple as, he has no comeback and the worst this donut can do is leave neg feedback.

phatbear

The item number is on my last but one post but heres a direct link:

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=140140636933&ssPageName=STRK:MEWN:IT&ih=004

Ive decided not to mention reporting him to ebay as it will come as a nice weekend suprise for him.

all the best

the bear

Cute_'n'_Quirky

The moral of the story is to make sure of what you are bidding on before you click on the button!!

**woody123**

I notice that in previous owners its got '0'..

Thats another point you can use whenever in contact with the seller or e-bay again..

Just read through the OP, This item is a clear case of an item being mis-described with it being a 54 plate registered in December 2004 rather than a 54 plate registered in 2005, it makes a bit of difference when you come to sell the car on.

phatbear

Blimey you sound like my mum, but I know what you mean, i also think the moral of this story is never rely on Mrs Phatbear to read all the details before spending my money, and of course one big moral is dont mess with the bear!!

all the best

the bear