Adam230k

[matt-tom]

please delete

..

 

[Adam230K]

I already mailed you telling you that i'm not selling you the mirrors mate, i'm not sure what the question is here...???

 

[nigel cross]

Whats all this about??

 

[Adam230K]

I was selling some mirrors on ebay which i managed to damage while packing... explained this to him in 2 emails and now he's bringing it to the forum.

I also found this rather funny:

Dear hiveamg,

is there any chance you can reply to my mails i have stated that the damage is not a problem to me. please respond asap as this is a contract that you have entered stating that you would sell the mirrors.

you have also tried to sell me the mirrors via mbclub.co.uk

Hi Matt,

As i said, i have the pair of C43 mirrors in silver, they have the motors inside them which also include the heaters (which is useful on an icy morning!), they are in prestine condition.

I can let you have the pair for £80

If you need anything else just let me know.

Kind Regards,

Adam


I'm not sure if you're using that as a threat but if so, then rest assured i will be the last person on earth to care about what you do with this 'evidence' . But on the other hand you are right, i've been trying to sell them for a while but when all else fails ebay is a last resort.

Yes i did try to sell them to you on mbclub, but you never got back to me hence why i put them on ebay. I then damaged one of them and managed to break the glass on it too (clumsily did this while packing), and i will not sell them to you in that state regardless of whether you want them or not, because i cannot garauntee if the mirror will work the way its supposed to after the fall, and it doesn't fit the description when i was putting it for sale. So you can easily buy them off me and leave me bad feedback for providing you with something faulty and even get your money back from paypal - Not something i'm prepared to go through, i hope you understand.

You can take appropriate action on ebay if you aren't satisfied with my response, since there's not much else i can do.

Hope this helps

 

[JonnyCJ]

Simple solution might be to list them again as damaged, agree a price between you and then everyone's a winner ?

Not wishing to interfere, but it seems a sensible solution all round.

K Annan
Head of Stuff
The UN
The World

 

[Howard]

I certainly wouldn't sell them to him after receiving an email like the first post ....

Adam , are you saying that he won your auction on Ebay and you were packing them up for him when you broke them ?

 

[andy_k]

the way I read it was that the mirrors were sold on eBay then got damaged afterwards.

As a 'buyer', I think he has every right to complain to eBay. After all, in his (and possibly their) eyes, you are a 'non performing seller' who has advertised something, sold it and then effectively withdrawn the item after the sale was completed - we see numerous complaints on here about that happening and without fail, the advice offered is to report them to eBay.

Now, why is it different when it's a club member?

The buyer has stated that the damage is unimportant to him, so why not just come to some agreement and save yourselves some grief and negative feedback

Just out of interest - what was the final price on eBay?

 

[Howard]

Ah , i didn't realise that the guy had actually won them on Ebay ...

 

[Adam230K]

He did win them its true, i might be at fault there since its a binding contract but i'm still not going to give them to him in their current state because i cant garauntee them in any way.

They sold for almost £50, which is the price i bought them for and to be honest i was only looking to get my money back for them nothing more.

I opened one of those dispute panel things so i could cancel the transaction and he cancelled it without responding to my mail, so i knew he was going to be difficult and by bringing it to a forum he's only annoyed me more and hence making the whole situation more difficult .

I guess he's going to have to leave me some bad feedback for not wanting to sell him the damaged item.

 

[nick mercedes]

I guess he's going to have to leave me some bad feedback for not wanting to sell him the damaged item.

If he's happy to buy them knowing one is damaged, why not just sell them to him??

 

[andy_k]

If he's happy to buy them knowing one is damaged, why not just sell them to him??

The cynic in me suspects he's decided the price they made wasn't high enough (or he's had a better offer) and they'll get re-listed soon once he manages to 'find' a new glass that's not broken

If it wasn't a forum member, I'm sure a lot more people would be suggesting the same thing

Of course, I could be completely wrong and it could all be 100% genuine and Adam230k is the sort of eBayer we should all avoid as he'll only sell to people he likes

 

[recycled]

the cynic in me suspects he's decided the price they made wasn't high enough (or he's had a better offer) and they'll get re-listed soon once he manages to 'find' a new glass that's not broken :d

if it wasn't a forum member, i'm sure a lot more people would be suggesting the same thing :d

of course, i could be completely wrong and it could all be 100% genuine and adam230k is the sort of ebayer we should all avoid as he'll only sell to people he likes

#


pmsl

 

[matt-tom]

If he's happy to buy them knowing one is damaged, why not just sell them to him??

this is exactly what i am trying to say as i was happy to take the item damaged for the agreed price on ebay also i don't know how you managed to damage them packing them up as i offered to collect them ?

 

[matt-tom]

..

 

[Adam230K]

I've answered your email, and my answer to your question about offering to collect them is also there. If you want to involve the forum more, you can copy & paste my responses in here.

 

[matt-tom]

I've answered your email, and my answer to your question about offering to collect them is also there. If you want to involve the forum more, you can copy & paste my responses in here.

the only reason i put a post on here was the fact that you had been on here and hadn't responded to me via ebay.

which now you have so no more will be posted on this forum if you wish.

 

[richard]

Ive always wondered what actually happens in this case,

I think an ebay seller agrees to sell something at a price. If the buyer has paid, then the contract is 'valid' (i.e payment made), and thus the seller has to supply the item - if they break it, do they technically have to go and buy an equivalent and send it ?? I guess in theory buyer could sue for completion of contract (or compensation for non completion) - which if he had got something on eBay espcecially cheap the compensation to put him back in the same position may be substantial ?

Any lawyers here ?

R

 

[flango]

Ive always wondered what actually happens in this case,

I think an ebay seller agrees to sell something at a price. If the buyer has paid, then the contract is 'valid' (i.e payment made), and thus the seller has to supply the item - if they break it, do they technically have to go and buy an equivalent and send it ?? I guess in theory buyer could sue for completion of contract (or compensation for non completion) - which if he had got something on eBay espcecially cheap the compensation to put him back in the same position may be substantial ?

Any lawyers here ?

R

Good timing just sat here with my pal who is a barrister sharing a nice bottle of Merlot, although not his field he has pointed out the following as we both do a lot of buying on e bay.

E bay is set up to protect the seller

E Bay cannot force a seller to sell an item only a court can

If an e bayer seller reports an item broken or no longer for sale due to damage , even after an auction has ended then the buyer has no re dress other than leaving negative feedback. The contract if payment has been made is for a fit for purpose item so no longer applies if the item is damaged

Distance selling act does not apply to auctions so no comeback.

In this case Adam230K does not have to sell the item as it has substantially changed after the listing has eneded and is no longer fit for purpose. If payment has been made then it must be refunded in full.

The buyer could sue for completion of contract as in point 2 above but it would never be completed as in order to be forced to complete it would breach other EU rules and acts and as above it is no longer fit for purpose so the seller does not have to sell. There is no precedence of this and all buyers that have tried to force a sale in court have lost and usually incurred substantial costs in the process.

 

[pos.k]

If an e bayer seller reports an item broken or no longer for sale due to damage , even after an auction has ended then the buyer has no re dress other than leaving negative feedback. The contract if payment has been made is for a fit for purpose item so no longer applies if the item is damaged
.

The only problem here is - and this is entirely a general comment and in no way an opinion on this particular transaction, is that if the seller has the option to null and void the transaction due to the product having become damaged - then unscrupulous sellers could claim this in the event that they get a crappy price for their item. who polices this, and ensures that the goods are actually damaged, and not smashed in the event that the ebay police come to check?

Surely you had an item to sell and entered a contract to supply via an auction. I do see both sides, but with given that most of the cons on ebay are people selling dodgy gear, shouldn't there be some extra protection for the buyers. OK they get their money back but that's not always the point?

 

[pos.k]

Ooh! 100 posts - do I get a prize?:bannana: