Advice Needed - Seller pulling out of ebay deal

mistry

Active Member
Hi there,

Need some advice please, just bought an item off fleabay but the seller wants to pull out now as they want to get more money for this item.

Does anyone know where i stand with this legally??

Do i have to accept it and move on?
Any legal proceedings i can take, as far as i'm concerend, the seller should have put a reserve price if he wanted a minimum price for the goods.

Any thoughts would be most welcomed...

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=280199886051&ru=http%3A%2F%2Fsearch.ebay.co.uk%3A80%2Fsearch%2Fsearch.dll%3Ffrom%3DR40%26_trksid%3Dm37%26satitle%3D280199886051%26fvi%3D1

Above is link for item, before anybody says....i would have collected this item before parting with my hard earned cash....
Was a very good deal and just disappointed that i can't get my hands on this baby......:mad:
 

breakersrevenge

Active Member
Looks like he sold one before and he only has 2 feedback rating!

Looks a little ''iffy''!!
 

mistry

Active Member
Looks like he sold one before and he only has 2 feedback rating!

Looks a little ''iffy''!!

That's what i thought, and i insisted on paying cash on collection, which he was fine with.
But a couple of messages later i think it hit home to him that he hadn't got full whack for this item - not my fault, that's how auctions work

jump really peeved off - i;ve already received an invoice and been advised this this is a contract of sale....so surely i must have some kind of rughts??

:lease:
 
D

Deleted member 13294

Guest
Tricky one.

You obviously need to report him to Ebay and all that jazz.

You could potentially sue him in the small claims court for "loss of bargain". So you buy the same item elsewhere (for more money) and sue this guy for the difference. I've never tried this myself, but something to consider.

I have successfully sued an ebay buyer for refusing to complete a transaction, but that is rather easier to prove a loss.
 

mistry

Active Member
Tricky one.

You obviously need to report him to Ebay and all that jazz.

You could potentially sue him in the small claims court for "loss of bargain". So you buy the same item elsewhere (for more money) and sue this guy for the difference. I've never tried this myself, but something to consider.

I have successfully sued an ebay buyer for refusing to complete a transaction, but that is rather easier to prove a loss.

have reported user to ebay and awaiting response.
I'm prepared to go down small claims court if need be.

I'm just really annoyed as i know if the shoe was on the other foot, the seller can take me all the way to small claims for not completing on transaction, as highligthed above.

I know the item itself is probably worth more than my winning bid, but then the seller shouldn't have been so tight with advertising fee's and inserted a reserve price.
 

Mr_Wistles

Distinguished Member
The only way you can take him to small claims is if you buy exactly what he was selling and then claim for the difference.

Do you know that his name and address are correct? as if they are not you would just be wasting £30 more submitting the claim.
 

mistry

Active Member
The only way you can take him to small claims is if you buy exactly what he was selling and then claim for the difference.

Do you know that his name and address are correct? as if they are not you would just be wasting £30 more submitting the claim.

have his name and postcode, can find out full address through 192.com:thumbsup:
 
I took a seller to small claims court last year and the judge decided in my favour. although I realise now I could of avoided court action and still gotten my money, here is how to do it.

!) Get sellers address and fire off a letter telling him you expect him to complete this sale at the given price. Tell him if he refuses you will take this further, give him 14 days to respond or tell him you will take this further.

2) If you get to 14 days without a satisfactory conclusion, fire off another letter which you should title as "Letter before action" tell him again he has 14 days to refund you or you will open a claim with the small claims court where he will also be liable for the court fee (£120 if I remember correctly)

Its really at point 2 when he knows you are playing hardball and he will realise that he could be seriously out of pocket. If he still does not sort this out for you then open a court claim, don't hesitate, worked for me.

Good luck
 

Mr_Wistles

Distinguished Member
(£120 if I remember correctly)

It would only be £30 for this item.

The problem with giving him 28 days is that he could very well of resold it and no longer have the item.

Also getting the judge to decide in your favour still does not mean he will pay up. It is then down to you to enforce the judgement.
 
It would only be £30 for this item.

The problem with giving him 28 days is that he could very well of resold it and no longer have the item.

Also getting the judge to decide in your favour still does not mean he will pay up. It is then down to you to enforce the judgement.

In such cases its important to give (what the court considers) the defendant a reasonable time to rectify all complaints. 14 days between each letter works well and shows the judge that you have tried to work with the defendant, not to mention that if you do have to go before the judge, you are already considered the party who has gone by the book.
 

Mr_Wistles

Distinguished Member
I understand about reasonable time and the necessity to give it to the other party however in this specific case I don't think it will help.

The problem the OP has is that he purchased an item which is not available in a shop. To proceed efficiently he will need to purchase all of the items, the main part (the ps3 itself) would have to be purchased second hand. He will then need to prove that the price he paid for it is a true and average price. He will then need to wait around 3 months for it to come to court (if the seller does not pay up). Once it has come to court the judge would probably rule in his favour but then the seller may still chose not to pay (very common) and the OP would need to enforce the decision himself.
 

andykn

Well-known Member
The seller did not get the full price because he only has a feedback of 2 and the ad looks a bit dodgy too.

Lack of paypal protection (for what it's worth) will always lower the price for valuable and frequently fraudulent items like consoles and phones.

There's no point is suing if this guy's a fraudster, both previous feedback are from ebayers with one or 2 two feedback. His last console sale was supposed to be his own.
 

mistry

Active Member
The seller did not get the full price because he only has a feedback of 2 and the ad looks a bit dodgy too.

Lack of paypal protection (for what it's worth) will always lower the price for valuable and frequently fraudulent items like consoles and phones.

There's no point is suing if this guy's a fraudster, both previous feedback are from ebayers with one or 2 two feedback. His last console sale was supposed to be his own.

I did think this was a bit suspect with previous feedback and all, and that's why i insisted on cash on collection only - seller was totally fine with this....
however, as commented earlier, people with fewer feedback will not get the premium price for their goods....this comes with building up your trader rating..

so the hunt continues for my PS3...:rolleyes:
 

Kieron

Distinguished Member
Just report him, leave him a neg and move on. Happens all the time unfortunately, and this guy hardly has the feedback or the integrity to go through with any sale.

You could end up chasing him for years - and for what? A few quid? It's not like you are out of pocket - no payment has been made.

Time to move on.
 

mistry

Active Member
Just report him, leave him a neg and move on. Happens all the time unfortunately, and this guy hardly has the feedback or the integrity to go through with any sale.

You could end up chasing him for years - and for what? A few quid? It's not like you are out of pocket - no payment has been made.

Time to move on.

i think i may end up doing just that....the hassle of going through the small claims and all, that.....could have gone to Japan, witnessed a PS3 being made and bought it back and sitting next to my xbox elite before i get anywhere with this time waster....

man, having such rotten like at the mo.....and missed out on a PS3 on here...:suicide:
 

Kieron

Distinguished Member
i think i may end up doing just that....the hassle of going through the small claims and all, that.....could have gone to Japan, witnessed a PS3 being made and bought it back and sitting next to my xbox elite before i get anywhere with this time waster....

man, having such rotten like at the mo.....and missed out on a PS3 on here...:suicide:

It's a pain mate, but what goes around comes around. No doubt if you got the PS3 it would be delivered unboxed, scratched to hell and probably unworking. Are there non here on the forums for sale? They do tend to appear quite regularly. Edit: I see you missed out on one here. They do pop up a lot though - stick a wanted ad on the forum, always somebody with a credit card bill to pay at this time of year!
 

mistry

Active Member
Newsflash, the seller has sent me several emails asking if we can conclude the deal, slightly amended though.
Price of £400 with 2 games as opposed to £390 with 3 games - i can live with that especially as the player is region free.....:D

It appears the negative feedback i gave him is not going down too well, as his ebay user rating dropped from 100% to 66.7% :eek::eek:
so he's now prepared to make a loss on this sale so he can get his rating back upto 100%....

will also be paying cash on collection and testing before i buy, so that's a bonus too....
Will keep everyone informed as to how things go.....:D

again a big thank you to my fellow forum members for advice given earlier...
 

Bl4ckGryph0n

Distinguished Member
Tread carefully, there is no such thing as a region free PS3. There is no unlocking for the PS3 either. There are region free blu-ray discs but that is totally different, and not all blu-rays are!

Also you are doing the right think to go to the small-claims court, I won once but that is no guarantee you get your money back. You then have to pay out for enforcement, and then they can delay even longer, have to go back to court again agree a payment plan....I'm now getting my £3k back in £5/month payments! Yippie that really makes a difference....And this was against a registered limited company!
 

mistry

Active Member
will def. treat this deal with caution....
but PS3 on these forums are hard to come by and usually get snapped up pretty quick.....

as i'm paying cash on collection i thought i'd check it out....i think the seller is genuinely disappointed that he hasn't got fair whack on this but on the same token he appears to be making amends...which i can't fault...
 

mistry

Active Member
Tread carefully, there is no such thing as a region free PS3. There is no unlocking for the PS3 either. There are region free blu-ray discs but that is totally different, and not all blu-rays are!

Also you are doing the right think to go to the small-claims court, I won once but that is no guarantee you get your money back. You then have to pay out for enforcement, and then they can delay even longer, have to go back to court again agree a payment plan....I'm now getting my £3k back in £5/month payments! Yippie that really makes a difference....And this was against a registered limited company!

i was incorrect in a previous statement, when i said this is region free what i should have said is it's region free for games, not blue-ray...
but hey, if other region discs play then bonus....
 

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