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walplayer
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[quote name='Happy Jack' post='760231' date='Feb 28 2010, 10:24 PM']My PM to the vendor:

[color="#008000"][i][b]Dear eugeneoregan,

What make is your bass? What model is your bass? What year is your bass? What colour is your bass?

- h4ppyjack
[/b][/i]
[/color]

His response:

[color="#9932CC"][i][b]Dear h4ppyjack,

the make is peavey international series the colour is a marblr effect olive green it was brought in september 2009 and has had very little use

- eugeneoregan[/b][/i][/color][/quote]

I have bid £15 I hope I win it now.

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[quote name='waynepunkdude' post='762845' date='Mar 3 2010, 12:30 PM']I sent him a message saying I'd pick it up.[/quote]

There's always this one if it falls through...

[url="http://cgi.ebay.co.uk/Restored-1962-Cream-Red-Bass-Body-With-Jim-Deacon-Neck_W0QQitemZ320495505024QQcmdZViewItemQQptZUK_Musical_Instruments_Guitars_CV?hash=item4a9f054e80"]http://cgi.ebay.co.uk/Restored-1962-Cream-...=item4a9f054e80[/url]

Am i missing something or are these 120
quid new?

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[quote name='waynepunkdude' post='763189' date='Mar 3 2010, 05:59 PM']Apparently he forgot to put a reserve (as well as a description and picture)[/quote]
Ahhh, I really feel for him. :)

Well if it doesn't turn up now, you've got a fairly good case against him not wanting to send it.

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Just had this back.

"WHEN WE MADE THE ITEM FOR AUCTION IT WAS TO HAVE A RESERVE PRICE WHICH WAS £150 THIS WAS NOT DONE AND EBAY HAVE SAID THAT THE MISTAKE IS A COMMON ONE FOR CLIENTS WHO ARE NEW TO THE SYSTEM. THE BID PRICE THAT YOU MADE OF 27.50 WAS EXCEPTED BY EBAY IN ERROR IT WILL NOT BE ACCEPTED BY US AND I THINK YOU HAD AN IDEA THAT SOMETHING WAS AMISS. YOU WILL RECEIVE YOUR PAYMENT BACK BY PAY PAL AND THAT WILL BE THE END OF THE MATTER AS FAR AS WE ARE CONCERNED.

- eugeneoregan"

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Actually is doesn't sound like egay are backing him on this - they just said it is a common mistake for noobs. Then he goes on to say that ebay made the error. Are they admitting to this? If so, will they compensate you for breach of contract? :)

Nah he's pushing it - no matter if you knew it was a bargain or not.

Edited by Ou7shined
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[quote name='Ou7shined' post='779579' date='Mar 19 2010, 11:17 AM']Actually is doesn't sound like egay are backing him on this - they just said it is a common mistake for noobs. Then he goes on to say that ebay made the error. Are they admitting to this? If so, will they compensate you for breach of contract? :)

Nah he's pushing it - no matter if you knew it was a bargain or not.[/quote]

He refunded me so I paid again.

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I would certainly file for non performing seller and leave negative feedback.

I could bluster that I would also sue for loss of bargain, but I certainly wouldn't have the time/motivation to do it if it was me.

Interesting case mentioned in this link though: [url="http://reviews.ebay.co.uk/LEGAL-ADVICE-REGARDS-BUYING-AND-SELLING_W0QQugidZ10000000001449898?ssPageName=BUYGD:CAT:-1:LISTINGS:2"]http://reviews.ebay.co.uk/LEGAL-ADVICE-REG...T:-1:LISTINGS:2[/url]

This is from the point of view of a seller with a non-performing buyer though. And, I think that the writer is a bit over-optimistic on some points (e.g. that the buyer must continue even if the goods are not fit for purpose etc., and that these are "only dealt with by trading standards").

Another one here, arguing that a binding contract is formed by winning an auction on ebay.

[url="http://newsgroups.derkeiler.com/Archive/Uk/uk.people.consumers.ebay/2006-04/msg00127.html"]http://newsgroups.derkeiler.com/Archive/Uk...4/msg00127.html[/url]

Though, later postings in that thread disagree, and some claim that no binding contract is formed when an ebay auction is completed. The only legal precedent I found is from Australia.

Edited by Annoying Twit
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[quote name='waynepunkdude' post='779584' date='Mar 19 2010, 11:24 AM']He refunded me so I paid again.[/quote]
:) :rolleyes:

[b]AT[/b] : That's a really interesting read. Makes it all seem so simple.

There seems to be an increasing number bidders and sellers on ebay either forget or just disregard the contract they have agreed to abide by. I believe it's linked into the whole anonymity of the interweb and and the bastard "F*ck You, I'm more important" attitude that is becoming the norm. It's very simple to abide by if you are of the honest persuasion - just treat ebay as if you are meeting the person face to face, be polite and get on with it.

I think it's about time that ebay implemented regular pop-pups (annoying I know but..) to remind everyone about it's most fundamental rule.

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Here's the Australian example. [url="http://maclawstudent.blogspot.com/2008/04/ebay-peter-smyth-v-vincemt-thomas.html"]http://maclawstudent.blogspot.com/2008/04/...emt-thomas.html[/url]

I do believe (but could be wrong) that to a certain extent Australian precedents may have some value in UK courts. But clearly a UK precedent would be more relevant.

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