Dutton Kit Cars and their owners
So last thursday week I won an auction for a set of wheels and tyres for £23... ridiculously cheap for what they are. I messaged the seller asking if he wanted cash or paypal hoping to collect on my way back from Kent on the saturday / sunday. I did not get a response from the seller. I got back here and paid by paypal to make sure the item was secured and he couldn't welch on the deal. That was sunday.
During the course of this week I have sent numerous messages, offered to collect today or tomorrow, offered to collect by courier, sent him text messages and finally tried to phone him only to get cut off by either a dodgy signal his end or by the seller himself. I want the items I purchased, I don't want to get a refund.
I checked his previous listings and found the same photo selling the same item completed on the 15th of sept but no feedback as to why they were never collected. Now I'm becoming a little suspicious and more than a little irked with the lack of communication. I haven't attempted to phone him again and before I do thought i'd impart this sorry tale to you guys. Obviously the price isn't what the guy was hoping for and he may be ignoring me hoping I will just 'go away' and get my money back from paypal.
Anyone got any nice ideas for payback for pissing me about?
I was going to ask you to pop round but Birmingham would be taking the ....
I don't pretend to know enough about the legalities, but as far as Im aware the goods, if paid for are now yours. Put it in ebays hands and tell them you expect the contract to be honoured and that you do not want a refund. It is a legal binding contract.
ebay wont be interested, my mate graham bought a fuel tank on ebay for 99p and paid immediately the seller wouldn't respond to his messages. ebay eventually refunded the 99p and the seller re-listed the fuel tank but this time with a reserve of £99. ebay will not compel sellers to honor any action they allow to complete, if they dont answer your messages they claim you reneged on the deal its not an uncommon occurrence.
Always a bone of contention when you get a great deal on something and then it all falls through because the seller aint going to give it away for nothing!!!
Just found this little gem :-
Yes, we have all seen it, YOUR BID IS A BINDING CONTRACT , yes i have seen it also and challenged ebay on it, i still have not had a reply, the reason being because there is NO CONTRACT. Just lately there have been spiels about online auctions and rights of consumers, customers and sellers but there is nothing about this topic, this enforces my point exactly. If this was a case of a contract being made between people, what court in this land would prosecute a non paying bidder, let alone a scammer, i can tell you none would, its no good taking up a civil matter up with the court, which court would question, the guy in Hong Kong who aint going to appear thats for sure. If and when Ebay replies to my request i will post it but i am not holding my breath. In other words other than a gentlemens agreement there is no contract at all so dont believe everything you are told by ebay because they dont have an answer to this question either. Maybe they should of said gentlemens agreement instead. If you are scammed on ebay use their online reporting proceedure, if however you are reporting a matter theft make sure you take the matter to the police, copy the sales page, emails, item number, address and details of person and any other contact details, copy feedback sheets and anything else especially your payment method , ie paypal, bank statements, this will help the police to chase up the matter by using a person called a SPOC single point of contact with ebay who will be very helpfull and help to finalise your matter. Avoid direct bank transfers.
8 July 2008 I got my reply from ebay, they DO NOT PROSECUTE IN ANY COURT , so as i suspected, your bid is NOT a binding contract at all, its a pressure sale to complete a purchase, just think of the millions who believe they are bidding on a binding contract, this is a ploy to ensure you complete a sale so as to line their pockets a bit more, but i guess you knew that anyway, well hope you feel better for knowing this and be lucky
I think eBay's rules have changed since then, they don't have to get the law involved, just suspend his account until he does something. If it goes that far then I guess I'll kiss the tyres goodbye :(
I'll keep on trying to contact him. I used a burn phone when I called him so worst case scenario I get a new sim card after making his life hell with the remaining £8.53's worth of credit.
As I have paid I get to leave feedback, never hurts to tell the truth. Open a case with Ebay and they can suspend his account until he takes the required action. Then do a charge back. Still able to send DPD in at no cost every day this week until he lets them have the tyres. Even if the law can do nothing I reckon I can be an awkward twat...
Shut it Daryl
So, another day passes.
I have sent another text message and another ebay message. Hopefully will get a result this time.
All you can do Ade is to leave him negative feedback and report him for breaking the ebay rules, unfortuatly theres not much else ,other than turning up at his door with a copy of the notification from ebay that the goods were legally yours and demanding them, just a thought, do you have a friendly policeman you could go with you, that tends to get results :)
I know a few BiB who would get as wound up as I have but I wouldn't presume to get them involved to be honest. I have other resources at my disposal which I haven't yet deployed... mainly because I don't know his door number yet. I'm not going to go all stormtrooper on him as it just isn't worth the aggro. I looked up the postcode on google earth, seems like a nice area.
I've listed things on ebay and if there is a cost involved then I set a reserve to make sure it's covered, anything over that should be profit and therefore everyone stays happy. If you put something on with no reserve then it should sell for whatever the auction completes at, end of story.
Thanks for that...
Thing is Daryl I have tyres that 'would do' and have plenty of grip but they are 13's and currently fitted to the black Legerra to keep it off the ground, winning this seemed too good to be true and therefore it probably is.
Sierra, emergency winter use only its going to make the steering very heavy.
I also wanted that f*** **o fat attitude too, which is why I was so chuffed to win the auction. If the guy doesn't come through then I'll just use the ones I have, but thanks for the offer.
Daryl, its those 4 horsemen trying to catch you, thats why people get out of your way,
a bit like me and the noddy car, in a way, people get out of the way because they are p**sing themselves and laughing so much, that they have to move aside. :)))