Small court claim over eBay auction
I have won eBay auction for item cost over £300
I could not make a payment, I have asked seller to cancel transaction, but he said I need to pay. I refused to pay so he forced me to pay, saying he will take me to the small claim court because I own him money. I didn’t pay and eBay unpaid case had been open and when this case closed, he sent me another massage saying I have outstanding balance over £300. He still have the item and eBay fees has been returned to him. He said if I don’t pay by Tuesday he will go to small claim court. Can he actually do that if he still got the item and eBay fees has been returned to him so I own him nothing!
I could not make a payment, I have asked seller to cancel transaction, but he said I need to pay. I refused to pay so he forced me to pay, saying he will take me to the small claim court because I own him money. I didn’t pay and eBay unpaid case had been open and when this case closed, he sent me another massage saying I have outstanding balance over £300. He still have the item and eBay fees has been returned to him. He said if I don’t pay by Tuesday he will go to small claim court. Can he actually do that if he still got the item and eBay fees has been returned to him so I own him nothing!
I think he's blackmailing you became he has full authority to cancel the transaction if the seller doesn't pay. as far as I am aware you can contact eBay tell about the matter and that should help you get out of it.
Original post by Crossggggg
I have won eBay auction for item cost over £300
I could not make a payment, I have asked seller to cancel transaction, but he said I need to pay. I refused to pay so he forced me to pay, saying he will take me to the small claim court because I own him money. I didn’t pay and eBay unpaid case had been open and when this case closed, he sent me another massage saying I have outstanding balance over £300. He still have the item and eBay fees has been returned to him. He said if I don’t pay by Tuesday he will go to small claim court. Can he actually do that if he still got the item and eBay fees has been returned to him so I own him nothing!
I could not make a payment, I have asked seller to cancel transaction, but he said I need to pay. I refused to pay so he forced me to pay, saying he will take me to the small claim court because I own him money. I didn’t pay and eBay unpaid case had been open and when this case closed, he sent me another massage saying I have outstanding balance over £300. He still have the item and eBay fees has been returned to him. He said if I don’t pay by Tuesday he will go to small claim court. Can he actually do that if he still got the item and eBay fees has been returned to him so I own him nothing!
He can't take you to court over something like this, especially if he still has the item. Do you have a record of your correspondence with him? Have you contacted Ebay and presented your case?
You bid and entered into a contract. You owe the guy £300. Most people wouldn't peruse it, but I wish they would. I've sold stuff on ebay and it's such a pain when people do this. Particularly the concept of you entering into a bid, not paying and think "you owe him nothing"
*angry*
*angry*
I’m not familiar with the EBay terms and conditions but as someone has mentioned above, you are entering an agreement when you bid for an item that you will pay for it.
Contact EBay and explain the situation and see what they can do. Good luck.
Contact EBay and explain the situation and see what they can do. Good luck.
Yes but transaction has been cancelled and eBay support said not to worry at all
Original post by Crossggggg
Yes but transaction has been cancelled and eBay support said not to worry at all
Depends on the T and C's still... what was the contract you signed up for when you bid
Contact them again, say you’re being threatened by this user and he’s going to try to take you to court.
(Original post by Crossggggg)Yes but transaction has been cancelled and eBay support said not to worry at all
(Original post by Crossggggg)Yes but transaction has been cancelled and eBay support said not to worry at all
Original post by Crossggggg
I have won eBay auction for item cost over £300
I could not make a payment, I have asked seller to cancel transaction, but he said I need to pay. I refused to pay so he forced me to pay, saying he will take me to the small claim court because I own him money. I didn’t pay and eBay unpaid case had been open and when this case closed, he sent me another massage saying I have outstanding balance over £300. He still have the item and eBay fees has been returned to him. He said if I don’t pay by Tuesday he will go to small claim court. Can he actually do that if he still got the item and eBay fees has been returned to him so I own him nothing!
I could not make a payment, I have asked seller to cancel transaction, but he said I need to pay. I refused to pay so he forced me to pay, saying he will take me to the small claim court because I own him money. I didn’t pay and eBay unpaid case had been open and when this case closed, he sent me another massage saying I have outstanding balance over £300. He still have the item and eBay fees has been returned to him. He said if I don’t pay by Tuesday he will go to small claim court. Can he actually do that if he still got the item and eBay fees has been returned to him so I own him nothing!
you need to pay. you entered into a contract when you bidded. 300 is not the end of the world.
But he has the item
Original post by Crossggggg
But he has the item
Doesn't matter. You placed a bid and entered into a legal contract to buy the item. See ebay's T&Cs
Buying behaviours we don't allow
If you've placed a winning bid or clicked Buy it now in a listing, you've committed to purchasing that item, and entered a binding contract.
If you don't pay for an item, even if you've changed your mind, you are breaching the unpaid item policy.
How would you feel if you won the item, wanted it, and the seller never sent it?
Yes you have to pay. Otherwise, people could just bid freely and if they didn't like the price that they won the bid at they could just yeet every time which defeats the whole point of bidding.
Original post by Jasyy
If you have cancelled the transaction you do not need to pay plus due to the blackmailing i wouldnt trust him
ebay said i dont have to becuse transaction has been canceled and seller blocked for being agressive
Original post by Crossggggg
ebay said i dont have to becuse transaction has been canceled and seller blocked for being agressive
Good and i wish you good luck and be careful buying things on ebay
i personally prefer amazon
Original post by Crossggggg
ebay said i dont have to becuse transaction has been canceled and seller blocked for being agressive
You do not have to pay anything. People in this thread are so dumb it’s fukcing unbelievable
He could take you to court and sue you to complete the transaction. But this is not what small claims could really do, they would have to show their loss and sue for that (they still have the item so one assumes they could sell again, maybe it was Time Limited, like tickets, so its worth nothing now and that is their "loss"). But if they can't show an actual loss they won't get very far.
If the issue has been resolved by Ebay, there's no case for him, unfortunately.
In future, don't bid on things you can't pay for. Bids on Ebay are actually contractual transactions, if you win the bid you are contractually obliged to pay them, but again, if Ebay has sorted it out, there's no case for him to chase.
In future, don't bid on things you can't pay for. Bids on Ebay are actually contractual transactions, if you win the bid you are contractually obliged to pay them, but again, if Ebay has sorted it out, there's no case for him to chase.
I'm necroing this thread to clarify some misunderstandings.
If you win a bid on eBay you are in a contract to pay for whatever you've won. That the seller still has the item doesn't matter. What the seller does is they issue a claim for specific performance.Specific performance is what is called an equitable remedy.to fix a problem where there is a contract and someone isn't doing what they should.
The seller would apply for an order sayting something like:
1. Buyer to pay £300 within 2 weeks.
2. Within 1 week of receiving payment, seller to send item to buyer.
There isn't any other loss as such, which is why specific performace is appropriate.
If I were the seller, I'd also want the buyer to pay my legal fees because of their wilful disregard of the contract.
Most won't bother if the sums are low, but as a 20+ years litigation solicitor I would, because I hate being dicked about.
von Tom
If you win a bid on eBay you are in a contract to pay for whatever you've won. That the seller still has the item doesn't matter. What the seller does is they issue a claim for specific performance.Specific performance is what is called an equitable remedy.to fix a problem where there is a contract and someone isn't doing what they should.
The seller would apply for an order sayting something like:
1. Buyer to pay £300 within 2 weeks.
2. Within 1 week of receiving payment, seller to send item to buyer.
There isn't any other loss as such, which is why specific performace is appropriate.
If I were the seller, I'd also want the buyer to pay my legal fees because of their wilful disregard of the contract.
Most won't bother if the sums are low, but as a 20+ years litigation solicitor I would, because I hate being dicked about.
von Tom
(edited 1 year ago)
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