Ebay - item won, is bid legally binding

simon2018

I've bidded and won an item.
I paid within the minute.
This morning got a message and refund saying "item not for sale."

There was no reserve price.
Nowhere in the advertisement, small print did the seller say
that the item was being sold 'elsewhere.'

IMO, the seller can't claim, 'lost in the post, broken, lost,' etc etc as it's a Retention document from
the DVLA for a car registration as if this was lost, damaged, etc easily replace.

I paid close to 150 pounds for it and it's worth about 1k.

IMO the seller has breached a legally binding contract and I aim to take him to small claims court. The seller has been on the site for many years and is a car dealer so I'm guessing he/she may have a few quid to their name.

Samll claims does not cost much and will recover cost and the court sherrifs cost about 75 quid.

Help appreciated.

Caz3121

you would be better posting on the eBay board. They will likely end up with a black mark from eBay...you should also be able to leave feedback
(sounds like they forgot/didn't want to pay for a reserve to be set)

simon2018

does not matter if he/she "forgot as they had 29 days to see what was what and 6 bids over ten days.

hollydays

Hsve you thought of messaging them to ask them why

simon2018

I have Hollydays, but just blank me after the initial message that they are not selling it ATM.
IMO, they have no excuse not to sell and like I said worth a few bob, so will sue them for the plare/reg or 1k at least for the upset, time and effort they have cause me.

No one likes paying reserve fees and I will not drop this until i get the reg or the 1k.

pinkshoes

simon2018 wrote: »

I have Hollydays, but just blank me after the initial message that they are not selling it ATM.
IMO, they have no excuse not to sell and like I said worth a few bob, so will sue them for the plare/reg or 1k at least for the upset, time and effort they have cause me.

No one likes paying reserve fees and I will not drop this until i get the reg or the 1k.

Forget about claiming for 'upset'. That is for sunflowers.

Claim your losses.

Do you have the sellers home address for a court claim?

You could always pay again to annoy them.

mije1983

simon2018 wrote: »

I have Hollydays, but just blank me after the initial message that they are not selling it ATM.
IMO, they have no excuse not to sell and like I said worth a few bob, so will sue them for the plare/reg or 1k at least for the upset, time and effort they have cause me.

No one likes paying reserve fees and I will not drop this until i get the reg or the 1k.

Oh dear........ Seriously, how 'upset' can you be over an eBay item?


What you need to do it work out what you have actually 'lost' by them not completing the transaction, and then sue for it. If that is £100 then that's what you claim for. No more, no less.

AndyMc.....

simon2018 wrote: »

I have Hollydays, but just blank me after the initial message that they are not selling it ATM.
IMO, they have no excuse not to sell and like I said worth a few bob, so will sue them for the plare/reg or 1k at least for the upset, time and effort they have cause me.

No one likes paying reserve fees and I will not drop this until i get the reg or the 1k.

You’ve not lost anything and the seller could argue the item was only worth £150 since that’s what the market decided it was.

Pollycat

The same thing happened to me some time ago, albeit for a much cheaper item.
I complained to eBay who sympathised with me but basically said they couldn't force the seller to accept my money (I too paid immediately and they refunded me) and send the item but they disapproved of the seller's actions and were going to take action against them (can't remember what they said they'd do).

Aylesbury_Duck

Some people are very easily upset.

bris

Auctions are normally legally binding however you can't claim for a loss of 1k because the item only sold for £150 so that's it's exact worth. To say it's worth 1k is just you dreaming.


Move on and don't waste your time, bring a frivolous claim and the courts won't be happy and make you pay the costs.