The Student Room Group

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Reply 20
Say that you only bid because you thought you had a finance deal which subsequently collapsed shortly afterwards.
Bids for real property and motor vehicles on eBay do not usually result in a binding contract between parties, as per eBay's terms and conditions (non-binding bid policy). A bid in such cases represents a sincere and serious interest in purchasing the item. You should check the particulars of the auction you won to see if it is binding or non-binding. If it is non-binding there is no way he can take you to court.
Reply 22
The crystal clear answer under law is yes you can be sued in county court firstly when signing to ebays terms and conditions or signing any contract even if seller has recieved a verbal request where seller can prove a order was placed .I have fallen foul of this over a car engine and lost in court even though I rang next day to cancel

fifteen years down the line I have handled several cases and know the law governing such laws at worst he could claim total sale costs and even apply for storage and interest if he relists the item you could end up with claim of difference in sale prices .fortunatly ebay refunds listings fees in these cases but this does not mean or affect your contractual agreement to seller under law if he pursues the case .
Reply 23
The crystal clear answer under law is yes you can be sued in county court firstly when signing to ebays terms and conditions or signing any contract even if seller has recieved a verbal request where seller can prove a order was placed .I have fallen foul of this over a car engine and lost in court even though I rang next day to cancel

fifteen years down the line I have handled several cases and know the law governing such laws at worst he could claim total sale costs and even apply for storage and interest if he relists the item you could end up with claim of difference in sale prices .fortunatly ebay refunds listings fees in these cases but this does not mean or affect your contractual agreement to seller under law if he pursues the case .
Reply 24
OP is an idiot..
Reply 25
i believe if he really felt the need he could ... you entered into a legally binding contract when you bid and then won the auction, theres a section on ebay for this kind of stuff though look in their help docs. failing that find the money or get a lawyer.
Reply 26
Original post by tsnake23
OP becoming bankrupt: Over/Under 1 year?


i'll take under @ 1/5 :wink:
Reply 27
Rent one of the Big Yellow Storage Rooms, get him to meet you there, and say that's where you live because you're really poor (and hence not worth suing).
Reply 28
Yes, it is a legally binding contract, however as it is a distance contract you would have had seven working days to notify the person that you don't want to buy it anymore - if you are taken to court, you'll most likely lose.
Reply 29
holy bump batman.

OP should not respond to the seller, simples. then the seller cant get hold of ops details :wink:
This happened to me but with an Iphone. I bought it on ebay on one of them legally binding ones but then two days later someone listed one cheeper so I decided I just wasn't going to pay it.. I just didn't pay when they kept sending me emails to pay for it. They gave up after a week and just gave me one of them strikes? OR something like that? Soooo I'd just ignore maybes.... Maybe contact ebay? Or delete your ebay account? lol
Reply 31
Original post by Alexgadgetman
So, what did you study for three years at university? Obviously nothing to do with handling your own finances :rolleyes:


Masters in Ebay Auctions.
Original post by Nutty_Psychologist
This happened to me but with an Iphone. I bought it on ebay on one of them legally binding ones but then two days later someone listed one cheeper so I decided I just wasn't going to pay it.. I just didn't pay when they kept sending me emails to pay for it. They gave up after a week and just gave me one of them strikes? OR something like that? Soooo I'd just ignore maybes.... Maybe contact ebay? Or delete your ebay account? lol


You do realise that if you have too many strikes, you can get banned? Secondly, you realise that the seller was forced to do that, because you didn't do the simple thing of sending them an email saying something like "Im really sorry, but I can no longer afford the item, though I'll agree to any cancellation requests so you get your fees back"

If you contacted the seller, you wouldn't have wasted their time, you've cost them money and now they have to list again. All because you didn't communicate with the seller

I'll buy things for people on eBay, but if they've told me that they want to put a bid in for x item, and I've won it, but then they see the same item for cheaper, I'll tell them that I'm prepared to bid for you, and pay for what you've bid but I'm not prepared to jeopardise my eBay account as a result
Reply 33
hey guys, sorry to hijack this thread, cba to make a new one when i have a similar problem.

My eBay account was hacked yesterday and someone won an item, once i realised my account was hacked, i called eBay to find out more info and get my password changed because i had been locked out of my account. I also emailed the seller to notify them that my account was hacked and i had not authorised the bid, but the seller is still demanding full payment or he/she will get their lawyers involved. I'm not going to pay but i'm curious, could they take legal action? Also, if i refuse to pay, could eBay take the money out of my account? (My eBay account is linked with my paypal, but i've removed the bank/creditcard link from paypal)

:confused: Why the fk are my accounts getting hacked all of a sudden, first it was my eBay, then paypal, then hotmail and now ebya again. Damn it, my passwords are not easy to guess and they are ALL different. Plus, i never click on email links and use a secure web brower.
omg that is awful. Do you do online banking or anything like that because you might want to keep an eye on that as well because if it is someone who has managed to somehow get your passwords and stuff that might be the next thing.
Also I hate to ask... but do you share your computer with anyone else? Or does anyone know your passwords as there could be a possibility that it may be someone you know. It just sounds a bit of coincidence don't you think? I hate to ask, but it might be something to think about.
I would maybe just keep appealing it with ebay as you did notify them as soon as possbile which is the best thing you could have done. I wonder if there is anyway that they can track where it was bought, plus it is technically fraud, so you should be able to seek some sort of legal action yourself? I'm not sure how though, I wish you best of luck though and hope someone can help you.
Try not to worry though, you've done nothing wrong!
Original post by tsrstar


:confused: Why the fk are my accounts getting hacked all of a sudden, first it was my eBay, then paypal, then hotmail and now ebya again. Damn it, my passwords are not easy to guess and they are ALL different. Plus, i never click on email links and use a secure web brower.


keylogger?
Reply 36
Original post by Nutty_Psychologist
omg that is awful. Do you do online banking or anything like that because you might want to keep an eye on that as well because if it is someone who has managed to somehow get your passwords and stuff that might be the next thing.
Also I hate to ask... but do you share your computer with anyone else? Or does anyone know your passwords as there could be a possibility that it may be someone you know. It just sounds a bit of coincidence don't you think? I hate to ask, but it might be something to think about.
I would maybe just keep appealing it with ebay as you did notify them as soon as possbile which is the best thing you could have done. I wonder if there is anyway that they can track where it was bought, plus it is technically fraud, so you should be able to seek some sort of legal action yourself? I'm not sure how though, I wish you best of luck though and hope someone can help you.
Try not to worry though, you've done nothing wrong!

I thought it may be my siblings playing a prank on me but even they wouldn't mess with me this much. I do online banking and thats already been targeted, but i've dealt with that and any money which was transferred from my account was repaid by the bank.
I don't log onto my personal email/personal banking/paypal/eBay on any other computer besides my own laptop and noone else knows my passwords. It was worrying and frustrating the first time this happened, but now, i can't help but laugh. I have to admit, whoever hacked into my email did an excellent job (Though i hate that they reactivated an old facebook id and installed the timeline :frown: and forwarded all of my email to a new account ) Still... good effort on their part.




Original post by joey11223
keylogger?


Possibly, whoever it was would never have guessed my passwords, they're all random numbers and letters.
Reply 37
Original post by tsrstar
I thought it may be my siblings playing a prank on me but even they wouldn't mess with me this much. I do online banking and thats already been targeted, but i've dealt with that and any money which was transferred from my account was repaid by the bank.
I don't log onto my personal email/personal banking/paypal/eBay on any other computer besides my own laptop and noone else knows my passwords. It was worrying and frustrating the first time this happened, but now, i can't help but laugh. I have to admit, whoever hacked into my email did an excellent job (Though i hate that they reactivated an old facebook id and installed the timeline :frown: and forwarded all of my email to a new account ) Still... good effort on their part.






Possibly, whoever it was would never have guessed my passwords, they're all random numbers and letters.


It sounds like someone has got into your email - then they can do "forgotten password" things with sites, access the links they email to you, and delete the evidence.

You need to change your email password asap - if possible from a friend's computer so if you do have something icky on yours it won't pick this up - and do a full virus etc scan.
Reply 38
Original post by de_monies
Are you saying that you won an item on eBay, but you didn't actually pay? If that's the case, no one can force you to pay for it, and of course at the same time that'd mean that you'd have no item.

If that is the case, then let the seller take you to court and if he requests to cancel his final value fees, I'd decline - purely on the basis that the seller is harassing you in to purchasing the item.

Not that you've been too great yourself however. Next time, check to see if you can afford it and you can also afford the insurance

The eBay "legal contract" have no real legal bindings. Imagine if you told Comet you wanted to buy a really expensive TV, and they brought it down etc...where your card was then declined. It would create a lot of nuisance for Comet, but ultimately they can't force you to pay when you have no money.

They aren't banks (and even then, banks are regulated some what)

EDIT: Fair enough, they are "legally binding" but have never been tried in courts:
http://forums.moneysavingexpert.com/showthread.php?t=1153951

but seemingly they can only sue for the difference, so if it sold for more than 6.5K again, they can't do much

EDIT 2: eBay contracts seem a very dodgy grey area, and tbf the seller would probably not sue you for not paying because he's not actually lost any thing. He still has the item

http://forum.moneysavingexpert.com/showthread.php?p=49482135


This is generally right and I can't imagine why people are negging you, there are obviously substantial numbers of people on TSR with absolutely no legal knowledge or even slight understanding of legal issues. Yes, OP was foolish and possibly not very moral in winning an auction he couldn't pay for, but it happens all the time on Ebay. OPs vendor has no chance whatever of winning a court action against him and will not be pursuing one if he has half a brain. It's just an idle threat.

Basically, when you are on Ebay you are bound by their Ts and Cs. The vendor first requests payment from the auction winner. If this is not forthcoming, you can either re-advertise or offer it to the next highest bidder. Ebay has a specific function for this called "Second Chance Offer" or similar.

If the vendor stipulated "serious offers only" or such in their ad, they might conceivably have a small claim for the cost of their advert but that's a stretch. The only contract in this situation is with Ebay on both sides and the worst punishment they would be likely to dish out is that they might in some cases terminate people's Ebay accounts. That isn't all that likely on a first "offence".

On a personal basis though I would urge you to actually check you have the funds OP before bidding on Ebay, it's really annoying and frustrating when you sell on Ebay to have the "winner" ignore the bid and disappear when it's time to pay.
Reply 39
Nothing more annoying than the twonks who bid willy nilly on ebay not thinking things through, and then having buyer's remorse.

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