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Finally an eBay Success Story!

Spinal

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between Uxbridge and the Alps
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Well - sort of.

On Saturday, I won some overly-expensive technical cold-weather gear (expensive - at least by my standards) that I wanted for a trek in the Artic circle I'm doing in December.

RRP of the item is £400-something, and I won it for less than a quarter that.

Oddly - the seller came up with an excuse not to sell it (dog ate it) after the auction ended at less than they were expecting - and promptly resold it to another eBayer. Here was the seller's mistake - they resold it by listing them as a Buy-It-Now on eBay for twice the price I won it for; meaning that I could see it and get even more p*ssed off...

I emailed the seller and asked for a picture of the damage as I was still interested in the item if the damage wasn't serious (really, a thinly veiled excuse to call the bluff).

The seller never responded.

So I sent over a fairly formal looking letter, with extracts from the Sales of Goods Act 1979 (Section 57 if anyone is interested - regarding sale at auction).

I ended the letter asking for either the item in exchange for payment, or compensation of the difference between the auction price and the going market rate for the same item on eBay - with currently the only other listing being the sellers other listing which sold it for twice the price.

Long story short, I have just received the difference via paypal.

I felt a bit sorry for the seller at first, then realised that the seller isn't out of pocket as they still get the price I won the shoes at; so I'm not feeling overly guilty anymore...

So, not really a victory as I still need to find the bloody things (which may be a while yet as they are quite specialist bits of kit designed for extreme weather) - but a moral victory in that I didn't get taken for a ride!

M.
 
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Good and well done, I wouldn't feel guilty at all. Sellers on eBay knows the rules and should play by them.
 
I would view that as an eBay failure story. If that counts as a success, things are seriously awry...
 
Let me get this straight, the seller has actually given YOU money for nothing?
 
Let me get this straight, the seller has actually given YOU money for nothing?

Something like that - in compensation of the difference in price.

Essentially,under the 1979 act, once the hammer falls (even digitally) the item is my property and the money the sellers property.

If the seller then resells the item, they are essentially selling something they do not own.

I offered the seller that I would accept the re-sale of my item, if they were willing to pass on the revenue gained. Hence, they could keep the original sale price with me, and pass onto me the profit from the resale.

Or put in another light, they could compensate me for finding an alternative item in a similar condition. I didn't include time/expenses/hassle etc.

Troon: I consider it a success because from previous cases where this happened, the seller would disappear without a trace; and eBay were not interested in providing me with the seller's details to pursue it legally. There is a "get contact details" option - but it only provides part of the address, not the street and house-number; hence making it useless if trying to summon someone to court.

M.
 
I wouldn't feel guilty at all. Sellers on eBay knows the rules and should play by them.

Me either, the seller is clearly light on honesty.
 
Something like that - in compensation of the difference in price.

Essentially,under the 1979 act, once the hammer falls (even digitally) the item is my property and the money the sellers property.

If the seller then resells the item, they are essentially selling something they do not own.

I offered the seller that I would accept the re-sale of my item, if they were willing to pass on the revenue gained. Hence, they could keep the original sale price with me, and pass onto me the profit from the resale.

Or put in another light, they could compensate me for finding an alternative item in a similar condition. I didn't include time/expenses/hassle etc.

Troon: I consider it a success because from previous cases where this happened, the seller would disappear without a trace; and eBay were not interested in providing me with the seller's details to pursue it legally. There is a "get contact details" option - but it only provides part of the address, not the street and house-number; hence making it useless if trying to summon someone to court.

M.

Have to watch Ebay T&C on this. Some of their auctions - motor and property in particular are not binding, despite what sellers may prefer to think.

Having said that I've yet to walk away or see anyone else walk away as yet.
 
Have to watch Ebay T&C on this. Some of their auctions - motor and property in particular are not binding, despite what sellers may prefer to think.

Having said that I've yet to walk away or see anyone else walk away as yet.

Agreed that eBay T&C aren't binding - but I wasn't basing it on eBay T&C but on the 1979 Sales of Goods Act.

Specifically:

Point at which an auction sale is completed Section 57 of the Sale of Goods Act 1979 (“The Act‟) makes it clear that where a sale is by auction, the contract of sale is binding once the completion of the auction is announced
“A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner; and until the announcement is made any bidder may retract his bid.”

Buyer’s rights to take legal action to secure performance of the contract
Under sections 51(1) and 52(1) of the Act, where a seller refuses to deliver the goods to the buyer after he has entered into a contract, he commits a breach of contract and the Seller is entitled to take legal action to recover compensation from the seller and to force the seller to deliver the goods as agreed:

“Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.”

And

“In any action for breach of contract to deliver specific or ascertained goods the court may, if it thinks fit, on the plaintiff’s application, by its judgment or decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages.”
 
Troon: I consider it a success because from previous cases where this happened, the seller would disappear without a trace; and eBay were not interested in providing me with the seller's details to pursue it legally. There is a "get contact details" option - but it only provides part of the address, not the street and house-number; hence making it useless if trying to summon someone to court.

Understood. I use a different definition of eBay success, where I go in with the intent of buying or selling something and actually do so. :D
 
Understood. I use a different definition of eBay success, where I go in with the intent of buying or selling something and actually do so. :D

That's not how eBay works - the intent of eBay is for eBay to make more money. Whether you buy or sell your item is secondary :p

M.
 
My favourite eBay success story was in 2009 when I bought a pass for Canadian parks for £30.98, used it a few times during our trip to British Columbia and Alberta, then sold it for £47.00!
 
That is impressive! You did well.

I got a refund on this spring repair kit of ebay for w203. But the seller was pretty decent about it after I put him in his place about false advertising. I got a full refund without having to send anything back.
 
Note to self, never sell anything to Spinal.....;)

only joking, you did extremely well!


I had an ebay incident last week whereby i purchased 110 ipad 3 keyboard/cases from a large (but very thinly staffed!) ebayer/importer. total price was £1700 and when I requested the total (using the ipad) something didnt work so i clicked back and forth 3 times before it did work.
I ended up "winning" 3 x 110 lots of cases, genuine mistake.
Seller said he would cancel the other 2 auctions if i paid for the first lot and also give me a promised 10% discount AFTER I paid. All seemed strange but I did what he asked.
1 week later, no goods, 2 ebay strikes for non payment for the other 2 auctions!

I was sweating a little but eventually got hold of the boss and my goods. The reason he never cancelled the other 2 auctions were because if I didnt also agree to cancel then he would still have to pay the fees!
I asked him to not tar everyone with the same brush but he wouldnt have it.

I hate ebay but needs must.
 
On the flip side, I'm a top rated eBay power seller. On the whole 98% of transactions and customers are pleasant and very reasonable.

But the other 2% really make up for it:crazy:
 
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