posted on March 7, 2001 12:40:10 PM new
I won an auction for this widget on Febuary 25th. I sent payment on Febuary 28th, and informed her that I paid and the Check was in the mail.
I asked the seller about my payment yesterday, asking if she got it, and she replies that she "assumed" I never paid and sold the items to someone else.
She then says if my payment appears, she'll "send it back."
Should I neg her or just neutral?
:\\\\\\\"Crystalline Sliver cannot be the target of spells or abilities.
posted on March 7, 2001 12:46:47 PM new
Given the short time frame involved, I find it innapropriate for her to have sold the item to another buyer. It is clear that her actions were motivated by profit and had nothing to do with the timliness of your payment. I'd shoot her a big red one, as at the very least she should have sent you a note about yor payment being late. Bad business deserves negative feedback!
posted on March 7, 2001 12:50:53 PM new
Was there any communication between the two of you from close of auction on the 25th to your e-mail to her on the 28th?
posted on March 7, 2001 12:59:37 PM new
I never left a negative (yet) for either a buyer or a seller. My being primarily a seller I think we all agree that it is disturbing when we do not hear anything from a winning bidder but lo and behold the payment with the auction info is right there. If you say you notified her and even if you did not I believe it was not enough time, for her to resell it, was it an item that continuously runs, or maybe someone so called did not get a chance to bid and offered her more money. Once I received an e-mail from a seller who explained to me that she has not heard from the winning bidder and that I was the first back -up bidder . She explained that she would like to give this person a little more time. she gave me and end date that she felt was fair to hold the item till. she asked if I would be interested. I said yes. Hours later she emailed me the money arrived that day,zip code transposed. I believe if it was me this would be my first neg.
posted on March 7, 2001 01:09:41 PM new
It sounds to me like the seller received a better offer and sold the items to someone else. Doesn't sound like items were even relisted.
Ebay is very clear about their policy on sellers who don't complete transactions. In many states, this is fraud.
The seller is going to be hard pressed to show evidence that they made a valid attempt to sell the item to you:
No emails where sent to you that payment hadn't been received.
No phone call.
Didn't even wait 10 days to file a NPBA, which would have signaled that your payment had not been received.
If they didn't sell the item to the next highest bidder, as permitted by ebay, but to an outside offer, they have broken more than one of ebay rules.
Is this person a new seller to ebay?
At the very least, I would contact ebay to tell them that a seller did not complete the transaction, and according to ebay's policy, a seller must compete transaction or face suspension from ebay, and that the actions of the seller constitute fraud. (Sometimes you need to remind ebay of the rules, or they send back a form letter stating that they can't force a seller to complete the transaction. This is true, but they can enforce their policy of suspending sellers who don't comply with ebay's policy.)
I think at least a neutral needs to posted. Other bidders need to know that this seller may sell the item(s) right out from under them.
Personally, I would give negative. Seller may claim that they "just didn't know the rules," but any seller on ebay has a duty to
make sure that at the very least they are following the rules.
posted on March 7, 2001 01:16:18 PM new
I received 3 neg's alone this month. ALL from late payer's. Feedback is bunk! The system needs to change. That is the problem.
In your case, why did she receive the payment late? It sounds like you were reasonable enuogh to work it out. Neg her? Spend the time finding that widget instead. She has to file an NPB to get to FVF which she hasn't done yet. So, when she does, disagree with it and let ebay handle it.
This is a breach of contract (civil matter). Fraud is a criminal matter. If the seller returns the check uncashed there can be no fraud. Fraud is when one person obtains something of value from another person under false pretenses. If the seller never accepts payment (by cashing the check), by definition there is no fraud.
posted on March 7, 2001 02:13:53 PM new
Okay, to answer all your questions in one fellow swoop....
First off, this seller has 30 or so feedback. She registered in April 2000. Her feedback was perfect till I came along. She's a so-so seller, with the last 6 months she had only 3 feedback.
I was the lone bidder, save for another bidder, who tried to beat me, but he retracted, saying that he thought the items were "something else." So, I got them for the price she put them up for (I'm guessing Seller's Remorse here; the other guy beat my proxy of $20.00!!).
I e-mailed her on Feb 28th stating I sent the payment by check. She never replied back. And, I never replied back likewise till yesterday (No sense in between to repliy back and forth).
This was her reply to my inquiry to my payment:
No, I have not received your payment yet. After all this time with no response, I thought you did not want the items, so I sold them to someone else. If I do receive your payment I will send it back. Sorry if there was any miscommunication.
I have already sent the relevant information about this to safeharbor, and gave her a negative. I needed the items for my collection. Guess I shall wait again...
edited for the damn &$^#ing UBB.
:\\\\\\\"Crystalline Sliver cannot be the target of spells or abilities.
[ edited by Crystalline_Sliver on Mar 7, 2001 02:20 PM ]
posted on March 7, 2001 10:08:17 PM new
It is not right for the seller to not have been in contact with you.
It's a bummer they did not wait longer for your payment. I tend to wait to long before I resell, sometimes 30 days.
I do think though if you read the NPB alert that ebay sends out, it says the seller is not abligated to hold the item for the buyer any longer. You can send these out after seven days so I'm not sure ebay would conder this an infraction. It will be interesting to see.
I do think personly it wasn't the most professionaly handeled sell I have heard of on the sellers part.
posted on March 8, 2001 05:30:49 AM new
Surfsworth wrote:
"If you read the NPB alert that ebay sends out, it says the seller is not abligated to hold
the item for the buyer any longer. You can send these out after seven days so I'm not sure ebay would
conder this an infraction."
But the seller didn't even send out a NPB alert. Wouldn't Ebay take notice that a NPB wasn't even filed when the buyer tells them about this transaction?
[ edited by cyanide on Mar 8, 2001 05:32 AM ]
[ edited by cyanide on Mar 8, 2001 05:33 AM ]
