eBay Unpaid item-DEBT COLLECTION AGENCY

enbs

bxboards wrote: »

You can be sued as you entered into a contract and are in breech of the contract.
Your problem is you failed to Cancel, and this has cost the seller real financial loss.

If this does come to Court, you will lose. However it is unlikely they will go that far. But if it does, you will lose, probably just need to pay back the 19 euros at most, I don't think you can be forced to pay punitive costs.

Ebay policy does not override EU law. Ebay policy also says buyers should pay for items.

The lesson is - don't mess sellers around. Most sellers will not go as far as this one, but you have breached a Contract you entered, and you failed to exercise your cancellation right.

The fact that they are in Germany in neither here nor there.

19 euros is nothing. The thing is I don't want to pay for something I don't own. I have not received that item.

It's like adding an item to your amazon cart, and amazon suing me for not checking out. I didn't pay, I didn't get the item. I think I got a strike, maybe I did don't remember (eBay didn't mention anything on the phone).
But I did not know I had to cancel the item.

Do I pay the seller, is that your suggestion?

I didn't want to cause the seller any trouble. I was just not familiar with eBay, not particularly still. But I accidentally purchased it somehow.

bxboards

enbs wrote: »

19 euros is nothing. The thing is I don't want to pay for something I don't own. I have not received that item.

It's like adding an item to your amazon cart, and amazon suing me for not checking out. I didn't pay, I didn't get the item. I think I got a strike, maybe I did don't remember (eBay didn't mention anything on the phone).
But I did not know I had to cancel the item.

Do I pay the seller, is that your suggestion?

I didn't want to cause the seller any trouble. I was just not familiar with eBay, not particularly still. But I accidentally purchased it somehow.

You didn't recieve it because you didn't pay.

It's nothing like the Amazon example, you cannot form a contract with Amazon without checking out.

But I did not know I had to cancel the item. - this is your problem. Even if you did not know, it's very impolite just to fail to pay for an item and vanish. This sort of behaviour does cost a seller time and money.

I am not advising you to pay - it's never a good idea to just because someone writes you a letter. If they do decide to take legal action (not just letter writing) then at that stage, if you get a Summons, I'd pay it then, but no more than the 19 euros.

Too be honest, if you can use Ebay, and find an post on a forum, and talk about Amazon checkout, I do not believe you are so incompetant that you you 'accidentally' bought something, but that is neither here nor there. Be honest with any future sellers, and do not make excuses for yourself. Life will go smoother for you then on.

sjbrun

I open at the moment 2 unpaid item cases a week. Saying this is my quiet time its quite a bit.

To buy something you have to click buy it now and then confirm your purchase before it is bought.

As a seller, I have to find the product, put it in the hold area and if its listed else where and is the last one to take it off there too. If you dont pay it costs time and in the time you messed me about I could have sold it elsewhere.

I think non payers should have to pay the sellers final value fee, even though the seller gets it back they would soon stop doing it.

Ive had some buyers even email to say they do it as a way of saving stock and just choose which one they actually want tomorrow but most dont even email to say they have changed their mind or only email once an unpaid item case is opened and are rather rude.

campdave

enbs wrote: »

It's like adding an item to your amazon cart, and amazon suing me for not checking out.

No it isn't. Clicking on buy it now means you enter into a contract, an d you are informed of this when you click it. The seller is charged a fee at this point, so they have suffered a loss through your carelessness.

Whilst the seller's actions are perhaps OTT, I find it difficult to have sympathy for you.

RFW

sjbrun wrote: »

Ive had some buyers even email to say they do it as a way of saving stock and just choose which one they actually want tomorrow but most dont even email to say they have changed their mind or only email once an unpaid item case is opened and are rather rude.

We get it on Amazon with payments not going through. If I look I can see pending sales for a few days, if I don't look, I never find out so it isn't a problem!
Yes, it's a pain and it shouldn't happen but it does and is just another thing to factor in when selling. It happens to every retailer, always has, always will.

enbs

campdave wrote: »

No it isn't. Clicking on buy it now means you enter into a contract, an d you are informed of this when you click it. The seller is charged a fee at this point, so they have suffered a loss through your carelessness.

Whilst the seller's actions are perhaps OTT, I find it difficult to have sympathy for you.

That becomes a problem with the way eBay handles sales at this point.
And upon my research they do have a tool that will automatically open unpaid item cases.

campdave

enbs wrote: »

That becomes a problem with the way eBay handles sales at this point.
And upon my research they do have a tool that will automatically open unpaid item cases.

You agree to enter into a contract when you click buy it now.

Ebay may have a tool to deal with it, but the buyer has chosen not to use it, and you did not inform them you wish to cancel.

It might not be what you want to hear, but you have some responsibility in all this, regardless of what your research tells you.

enbs

campdave wrote: »

You agree to enter into a contract when you click buy it now.

Ebay may have a tool to deal with it, but the buyer has chosen not to use it, and you did not inform them you wish to cancel.

It might not be what you want to hear, but you have some responsibility in all this, regardless of what your research tells you.

I'm not saying that I don't.
But I just recently learned that one has to cancel if they change their mind. I thought it would just go away on it's own.

And according to eBay policy it should. Because you decide whether to pay for an item or not. If you don't it's very much implied that you do not want that item. They can't harass you after and demand you pay for something you don't want.
I know you'll disagree with this.

eBay has told me that the seller is violating eBay policy for demanding I pay outside of eBay, and harassing me.
For something that happened way back in 2013.

Brooker_Dave

campdave wrote: »

You agree to enter into a contract when you click buy it now.

But if a customer changes their mind under DSR they can have a full refund?

Surely it's better that a customer changes their mind before anything has shipped than after, as there are less costs for the retailer?

What court would uphold this???

enbs

Brooker_Dave wrote: »

But if a customer changes their mind under DSR they can have a full refund?

Surely it's better that a customer changes their mind before anything has shipped than after, as there are less costs for the retailer?

What court would uphold this???

Nothing was shipped!!!

I would understand the debt collection agency if something was shipped. But nothing was. I do not have the item. And I don't want it.

They are demanding me to pay (by threatening me) for something I do not have. It makes no sense what so ever.