How do i take on Ebay?

[Arbtech Tree Services]

Evening/Morning all,

 

Won an auction tonight on Ebay and the seller messaged me 10 mins later (through Ebay) stating that he was not prepared to sell me the item for the final price as it is worth double - which in fairness it is (welcome to auctions on Ebay). He then withdrew the item.

I spoke to Ebay on the phone and the operative said that at his level he could only log a complaint, confirm that management would listen to my phone call and get back to me, they will not release the seller's details so that I can take this to court.

They will block his account and not let him close it.

I said he will just open up a new one with a floating or new ISP but operative reckons they can suss that.....

 

So, I want this item - Ebay won't exactly send an enforcement crew round to Bridgwater to make him hand it over and won't give me his details.

 

Is there anywhere I can go?

 

I expect the 'take it on the chin and worry about more important things in life' comments, but I have the bit between my teeth on this one and want to get a result.

 

Can anyone help?

 

EDIT - Seller agreed cash on collection on a specified day (through Ebay messaging) so item has not been paid for - Ebay said this would make a difference - I said only in that they would refund me through Paypal - I still wouldn't get the item and they agreed.

 

Regards,

 

Steve.

Edited August 5, 2016 by Arbtech Tree Services
additional info

[Stumpy Grinder]

Ebay are fairly hot on this as it is in their interest! Your purchase is a legally binding contract! It may take a while, but the reason he has given is going to help you win this. If he said the item was lost or stolen, then you are wasting your time. Keep all evidence of communication and suggest he keeps the item for you as it is legally yours. Pay by Paypal soonest if you can!

SG

[Rhystree]

This happened to me and eBay said they can't force the seller to sell the item. Leave bad feedback if his account remains active and move on.

[richy_B]

You'll have his address details as soon as you won the auction. Just go on the website rather an app.

 

Regrettably it wont get you anywhere. Its annoying and right now you're annoyed but wasting more time and effort on it will just compound the annoyance.

[treequip]

Your title "is how do I take on ebay"

 

You aren't taking on ebay, your beef, and any legal redress is with the seller not ebay

 

When the auction ends the sale is made, all that remains is the exchange of goods and monies.

 

If the seller has mucked it up that's entirely their problem, contact the seller and inform them that, at the close of the sale contractual obligations came into force.

 

Advise them that if they fail to live up to their obligations you will take legal action to recover the value of the item and any associated costs. Advise them that their prompt action will be required to prevent the matter escalating and reserve the right to escalate without further notice.

 

Ultimately your redress lies with the courts. What's the value of the item, i.e. if you don't get this one what's it going to cost to get a comparable example, because that's going to be the value of a claim and it makes a difference.

 

 

Advise them they should take legal advice they can place reliance on in this matter. Set them a time frame for action

[gooseflight]

Problem here is that you haven't actually suffered a loss. You've missed out on what seemed like a bargain but you haven't paid any money. And, as stated, eBay cannot force the seller to sell the item because, in the absence of payment, it still belongs to the seller.

 

There is a breach of contract but it's going to cost you money to pursue the claim and you may or may not recoup your costs.

[easy-lift guy]

Steve, I believe at this point you have done all that you can. When you agreed to enter into the purchasing agreement with the seller, eBay you were supposed to be aware of your specific rights, the sellers. If you have a genuine claim against the seller and eBay agrees with you I believe this company will do its best to resolve the matter. At least that has been my experience from a customer service standpoint.

easy-lift guy

[treequip]

 

There is a breach of contract but it's going to cost you money to pursue the claim and you may or may not recoup your costs.

 

Recovering costs from a busted ebay sale is a simple matter, a lot of people don't take the ebay auction seriously and end up in small claims so there is a lot of appropriate "precedent" for the magistrates to follow.

 

In order to fail in your claim you would have to muck up pretty spectacularly.

 

Once the seller realises the potential CCJ heading their way they usually toe the line. Its just a shame it gets to that stage

[gooseflight]

https://www.lawontheweb.co.uk/law-shop/consumer-products/legal-documents/complaints-claims-and-disputes/sale-of-goods-disputes/letter-of-claim-for-ebay-breach-of-contract-if-seller-refuses-to-send-goods

Might be useful.

[Stock]

Recovering costs from a busted ebay sale is a simple matter, a lot of people don't take the ebay auction seriously and end up in small claims so there is a lot of appropriate "precedent" for the magistrates to follow.

 

In order to fail in your claim you would have to muck up pretty spectacularly.

 

Once the seller realises the potential CCJ heading their way they usually toe the line. Its just a shame it gets to that stage

 

How does that work with parties in different jurisdictions ?