Muppet on eBay

[FredFlintstone]

What is it ith these people!

I bought a tap on eBay yesterday. Auction started at £1 and there was no reserve. I got it for £5.50 at the auction end. I got an e-mail from the muppet later stating the following:

"Hi there we are not prepared to sell the item for £5.50. In the description we wrote that we would sell for £80 thanks"

WTF!!! What do they think this is? Loot? If you want £80 for it then stick an £80 reserve or an £80 buy it now price FFS!

Was gonna send a crappy letter threatening action if they don't fulfil their obligations but it's only a tap and it's not as though they've taken my money and not sent goods.

Muppets.

 

[Mw Roofline]

Just forward the email to ebay and they will contact the member to sort it out.

Are they new to ebay or something? Pilchards

 

[megawatt]

Agree ... Many try this on to save paying for the reserve.

Let eBay deal with them.

 

[JohnD]

Muppet on eBay

here's another
http://cgi.ebay.co.uk/ws/eBayISAPI....om=R40&_trksid=m37&satitle=280140447522&fvi=1

 

[Softus]

Was gonna send a rubbishy letter threatening action if they don't fulfil their obligations...

If you don't send any money then they don't have any obligations, therefore you can't take any legal action.

Are you one of those gullible people who are duped by the eBay 'statement' that the winning of an auction constitutes the forming of a contract?

Muppets.

 

[megawatt]

True, but eBay can ... Not sure they will though.

 

[FredFlintstone]

Was gonna send a rubbishy letter threatening action if they don't fulfil their obligations...

If you don't send any money then they don't have any obligations, therefore you can't take any legal action.

Are you one of those gullible people who are duped by the eBay 'statement' that the winning of an auction constitutes the forming of a contract?

Muppets.

No, I see it as more of a moral obligation - you list something on eBay with no reserve then you sell it at whatever price the auction ends at.

I wouldn't take legal action against anyone unless they'd stolen my money. I don't somehow think a court would enforce an aBay auction sale, they'd simply award in favour of the buyer by ordering a full refund by the seller. By action, I mean notifying eBay who will probably do nothing anyway and leaving feedback of a negative nature.

regards

Fred

 

[Softus]

True, but eBay can ... Not sure they will though.

It's a non-starter even for the eBay owner(s).

eBay: You must accept the money from the buyer and send them the item.

Seller: Oh dear. I broke it / my wife hid it / my cat puked on it. Sorry.

eBay: Oh never mind then.
___________________________

No, I see it as more of a moral obligation - you list something on eBay with no reserve then you sell it at whatever price the auction ends at.

I don't disagree with you. I'm just not as idealistic.

I wouldn't take legal action against anyone unless they'd stolen my money. I don't somehow think a court would enforce an aBay auction sale, they'd simply award in favour of the buyer by ordering a full refund by the seller.

It's a no-brainer. A court has no jurisdiction to force performance of a contract by either party, except in the case of land, where the seller can be evicted if they don't complete and give vacant possession after exchange of contracts. In a simply private exchange of money for goods, the only remedy a court can enforce is financial compensation for your trouble. However, attempting to claim for such trouble runs the risk of being seen as flippant and/or vexatious - if so deemed then you could be penalised by far more than you could possibly receive.

By action, I mean notifying eBay who will probably do nothing anyway and leaving feedback of a negative nature.

Indeed - negative or neutral feedback is the only realistic weapon at your disposal.

 

[megawatt]

Softus: eBay can and do prevent these people from selling future items though ... I have it on good authority as I know someone who has been banned (at least on the credit card he registered last time around anyhow)

It's worth telling eBay as to keep quiet just allows these people to carry on ... It's only a quick email after all.

 

[megawatt]

Softus: You are doing a Stulz here ...

A court has no jurisdiction to force performance of a contract by either party

Are you a lawyer?

 

[Softus]

It's worth telling eBay as to keep quiet just allows these people to carry on ... It's only a quick email after all.

I agree 100%. I've done it myself.

You are doing a Stulz here ...

No, I'm doing a me. And I doubt very much that Stulz can claim to be doing a Softus, since he's often wrong.

Are you a lawyer?

I don't think that's relevant. If you believe that I've interpreted the law incorrectly, then please tell me.

 

[megawatt]

I wouldn't know if you've interpreted the law correctly Softus as I'm not a lawyer either

The point is that neither of us are qualified to make such statements regarding something so complex as contract law.

For the benefit of anyone reading I'll make the point for you ...

Softus wrote:

A court has no jurisdiction to force performance of a contract by either party, except in the case of land, where the seller can be evicted if they don't complete and give vacant possession after exchange of contracts

Caveat: This is the opinion of someone who is NOT a member of the legal profession and should be treated as such.

 

[Softus]

The point is that neither of us are qualified to make such statements regarding something so complex as contract law.

Contract Law is very straightforward, and I haven't said that I'm either qualified or unqualified, or whether this information comes from a qualified or an unqualified person.

For the benefit of anyone reading I'll make the point for you

Oh, I'm sure it isn't "for me", since you appear to be something of a busybody.

Caveat: This is the opinion of someone who is NOT a member of the legal profession and should be treated as such.

You are exquisitely wrong.

 

[gog]

I thought he was a plumber but could also be a lawyer, just rename
Perry Myson.

 

[megawatt]

Softus: Best stop now as you always start to bluster or make accusations when in the wrong ... It is a Softus trademark which is there for all to see if they search your past posts.

Why a busybody just because I'm attempting to clarify the origin of your statement?

Contract Law is very straightforward

Oh, really?

I'm sure many a barrister would beg to differ ... My brother and father-in-law being 2 to begin with

You are exquisitely wrong.

So ... You ARE a member of the legal profession?

I suggest you are exquisitely deluded

I await your next lengthy diatribe