eBay failure

robert32

Hi there,

I recently purchased an item on eBay that was beneath market value. The seller is clearly not happy with this and has cancelled the order and refunded my payment. He has stated he will relist.

Surely, I have a legal right to this item. eBay will not let me open a case, but I am fully prepared to take legal action. Please can anyone advise on the best course of action?



Regards,

R.

KatrinaWaves

Did you win an auction or was it a cheap BIN price?

robert32

It was an auction. Surely if a seller can cancel a sale and just relist when he doesn't like the price he/she gets, it undermines the whole auction process?

the_lunatic_is_in_my_head

If the seller isn't willing to take a gamble on a low price they should either use BIN or an auction with a price start they happy as a minimum to sell at.

Potential loss of a bargain, how much did it sell for and what is the items market value?

KatrinaWaves

robert32 wrote: »

It was an auction. Surely if a seller can cancel a sale and just relist when he doesn't like the price he/she gets, it undermines the whole auction process?

It does. however, actually enforcing this can be difficult. I have had items I have won cheaply accidentally be knocked off the table by an errant dog and smashed into smithereens before... lost, stolen from the car on the way to the post office etc.

If you want to take him to court, you can. Whether or not it is worth it only you know.

JJ_Egan

OP let us know what your soliciter/ the court says and or the result .

robert32

Can anyone point me to the correct section of consumer rights law that might help me out. I don't want to spend huge amounts on this, but quite happy to go through small claims/equivalent. It's the principle and deception that infuriates me.

Gavin83

Is the seller an individual or a business?

Given how poorly they've dealt with this I'd imagine it's an individual. More intelligent people or businesses would have gone down the route that KatrinaWaves suggested and just refunded you the money.

Your rights against an individual selling a used item is less than you have against a business. A number of consumer rights won't apply and I doubt you'll have much luck with loss of bargain either. You should certainly submit a complaint to eBay though.

I suspect you'll not have much luck with this.

Out of interest what is the rough market value for the item and how much did you pay for it?

the_lunatic_is_in_my_head

robert32 wrote: »

It's the principle

Unfortunately the small claims court won't be impressed by principles.

How much is the claim?

Mrs_Kralc

I think the rules have changed in ebay as you also used to have to agree to a cancellation before the seller could cancel. If the seller has stated his intention to relist could you ask ebay his reason for cancelling. You won't get the item but it could go as defect on his account.

robert32

It was an individual.

I have seen the product go for £200 and have been tracking watch alerts for a while. This time I was fortunate enough to win with a bid of just over £100. Seller has refunded me, but without my consent. I want the product, not my money back! eBay now gives me no option to complain or leave negative feedback!

I mean, if you'd exchanged contract on a house, the seller can't just cancel when someone makes a better offer.

It's ridiculous. I feel like I've been stolen from as my asset was worth more than the purchase price, so refunding the sale price doesn't cut it. Will I get all the time back I've spent tracking such items, waiting for something at the right price? No.

Loss of trust in eBay as a result. Especially, as I have no way to complain, short of writing a letter to corporate HQ.