Home  >  Community  >  The eBay Outlook  >  Is There Some Legal Action I can Do?


<< previous topic post new topic post reply next topic >>
 blueyes29
 
posted on March 7, 2001 02:06:00 PM
Had a high bidder who won 7 auctions...different months of the same item...He asked if payment could be delayed since it was rather costly. Stupid me...I said "Yes" (no need to comment on this...I've learned my lesson!) Payment promised on 3 March but, to date, and no surprise, no money! I've send the NPB alerts and left a telephone message. Checking his other auctions, find he bought a similar item for less money...and paid quickly for it! It doesn't take a rocket scientist to figure out that this sleaze-bag has no intention to pay for my auctions! Anyway, fully intend to file the FVF refund and neg him for all 7 auctions when the time comes. My specific question...I want this jerk to REALLY pay (7 negs might cramp his buying style but I want BLOOD!)...what, if any, recourse might I have legally? Breach of Contract? Fraud? Any thoughts/suggestions would be helpful. The guy lives in Pennsylvania (I know laws may vary from state to state.)

 
 dubyasdaman
 
posted on March 7, 2001 02:11:08 PM
blueyes29:

Leaving him 7 negs will no doubt give you great (and deserved pleasure). But be prepared to feel the anguish of receiving 7 negs yourself in return. Thanks a bunch ebaY for the current feedback system! This sucks!




 
 reamond
 
posted on March 7, 2001 02:11:30 PM
Who says you had a contract? eBay? What are your damages? You get your FV fees back.

I know it s*cks when NPBs happen, but it is best to move on- there is an ongoing debate whether to even Neg NPBs.

I'll take a bid and money from a buyer no matter how many negs he/she has.

 
 mcbrunnhilde
 
posted on March 7, 2001 02:31:56 PM
Sorry you got burned, blueyes. If a seller really wants to accommodate a buyer of a big-ticket item, I'd ask for minimum 50% of the price immediately (plus the shipping), with the item to be sent when the rest of the money comes. If a bidder can't come up with even half the price, they shouldn't be bidding in the first place. When I've bid on multiple auction, I always ask the seller if the want immediate payment for each auction as it closes and total shipping included with the final auction.

BTW would 7 negs increase his total by 7 or just one? I know that with positives, only the first one you leave counts toward the total. I hope the guy gets NARUd REAL soon, and maybe the stuff will sell for more on your relist!

 
 blueyes29
 
posted on March 7, 2001 02:34:31 PM
I like bidders too, reamond...but I like bidders who actually pay! Doing all of the "legwork" in filing FVF refunds, NPB's, and then re-listing the item is all a hassle. Plus, the original listing fee is not refunded so the seller is out that cash. Personally, I DO check bidders' feedback to see if there's a history of non-payment...and, if there is, proceed accordingly. There seem to be an increasing number of deadbeat bidders out there!

 
 dubyasdaman
 
posted on March 7, 2001 02:40:45 PM
To answer the question asked above: 7 negs filed by the same seller only decrease the buyer's feedback number by 1.

 
 reamond
 
posted on March 7, 2001 03:01:57 PM
blueyes- you have to remember, you said your NPB did pay - but it was the other seller who got paid.

Like I said, someone with neg fb still has green money.

 
 blueyes29
 
posted on March 7, 2001 03:13:56 PM
Yup, readmond...you're 100% correct...but the richly-deserved "green" didn't come to me! Where I made my mistake (take note, sellers!) is being a "nice guy" and agreeing to let this guy delay payment. From now on, it's payment within 10 days unless I personally know the bidder...and I wouldn't even let some of my friends off the hook! The guy still probably wouldn't have paid but the items would have gotten re-listed faster...and before AW fees got introduced! Maybe I can take this guy to Small Claims Court and we can go before Judge Judy and I can claim not only actual costs BUT also "Pain and Suffering"...nice thought, anyway...gotta keep a sense of humor in this "business"...

 
 gsomervillhotmailcom
 
posted on March 7, 2001 03:22:32 PM
A buyer gets 3 FVF credits filed against them and they get the boot. I would like to know if these 3 can come from the same person?

 
 MrJim
 
posted on March 7, 2001 03:23:16 PM
I have done numerous layaways and financing for customers over the years, but in every case I require a non-refundable deposit. Once you have "some" of their money, they will respond quickly to future emails and phone calls.

We also file NBP notices on the 7th day for every auction. I don't care if the person called us and said they had mailed a payment. If we don't have the money, we file on day 7. Ten days later, we relist and file the FVF credit. Period. We have had several people pay in between the two, but we have never received any of those "check's in the mail" after the FVF was filed.

Today, a lady called to pay for an auction by credit card. It ended 7 days ago. Today we filed the NPB notice and it inspired her to get off her a$$ and call.

Ebay is fun, but it is not a game.
 
 MrJim
 
posted on March 7, 2001 03:27:17 PM
I would like to know if these 3 can come from the same person?

Ebay's policy is 30 days suspension after 3, permanent suspension after 4. For it to be automatic, they have to be from unique sellers. You can, however, request that Ebay review the bidder's history and make a judgement call. At this point, they may or may not suspend the person. It usually depends upon how long the person has been a member and how many NPB's they have, etc.

A newbie can be dumped by a single seller in some cases. Someone with a high feedback could get reinstated after 5 or 6 by filing appeals.
 
 gsomervillhotmailcom
 
posted on March 7, 2001 03:29:24 PM
Thanks MrJim

 
 blueyes29
 
posted on March 7, 2001 03:34:06 PM
Update...I got this guy's phone number and called...left messages and he just returned my call! Expressed concern about the "NPB" alerts and I reassured him that they were just reminders and there'd be no problem once he paid. A pregnant pause and he tells me he's having "some problem" with his credit cards and that he won't be able to pay for awhile. I then tell him that I've checked his auction history and, lo and behold, find he's bid on and paid for another auction in the past few days! Another pregnant pause...and he tells me that auction was by a "friend" who uses his user ID...like I REALLY believe that! Anyway...the guy tells me he's NOT going to pay...I tell him the appropriate action will be taken with eBay and asked him to say once again that he's not going to pay. So...will wait the 10 days and do my "Deadbeat bidder" thing and file for the FVF...and I do hope the guy gets booted from eBay...we don't need that kind of buyer (even if he DOES pay for some auctions, reamond...) on eBay.

 
 reamond
 
posted on March 7, 2001 05:20:20 PM
blueyes- like I said before it s*cks to have an NPB. but the seller he paid will have a totally different spin on the situation.

I just had an auction close for $300. The seller wants the item shipped before payment, and to China no less. He has 0 feedback. Guess what- the sale is a no go.

Oh well .. better luck next time... for both of us.

 
 ksterni
 
posted on March 7, 2001 05:42:34 PM
I've never tried this, but the same agency suggested here to collect on NSF's is supposed to be able to help with unpaid Ebay auctions. If it's under $75 their fee is 50%, and over $75 it's 25% (I think).

www.madagency.com
 
 sg52
 
posted on March 7, 2001 09:02:50 PM
I've never tried this, but the same agency suggested here to collect on NSF's is supposed to be able to help with unpaid Ebay auctions. If it's under $75 their fee is 50%, and over $75 it's 25% (I think).

If there's ever been an appropriate use of intimidation in lieu of legitimate legal threat, this seems one.

sg52

 
 morgantown
 
posted on March 7, 2001 10:15:12 PM
Madagency.com is 1st. Class. They have collected several NSF checks for me. They do indeed go after NPBs on eBay.
 
 
<< previous topic post new topic post reply next topic >>

Jump to

All content © 1998-2026  Vendio all rights reserved. Vendio Services, Inc.™, Simply Powerful eCommerce, Smart Services for Smart Sellers, Buy Anywhere. Sell Anywhere. Start Here.™ and The Complete Auction Management Solution™ are trademarks of Vendio. Auction slogans and artwork are copyrights © of their respective owners. Vendio accepts no liability for the views or information presented here.

The Vendio free online store builder is easy to use and includes a free shopping cart to help you can get started in minutes!