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Original poster

I think I've been taken for a fool on eBay - please help

68 replies

emsiewill · 31/01/2005 21:43

I feel so stupid.

I won an auction for a TV/DVD/VCR package on eBay on 14 December. The amount was higher than I can pay using my card on PayPal and I was informed by PayPal that it would take at least 4 working days to set up a bank account. As the seller wanted payment within 5 working days, and not wanting to get any negative feedback, I paid by personal cheque. The amount was £350 plus £70 delivery. They had a feedback score of 1051 (around that anyway), and the feedback I saw was OK.

They acknowledged the receipt of my cheque on 26 December, and it cleared my bank account on 4 January. Since then, nothing. I've tried to email them, but got an automated message saying they were having problems with their emails and to call. I called and called and called. Each time I have left a message, and had no response. I made my daily call today and got what sounded like a fax machine.

I have checked eBay today, and discovered that they are no longer registered with eBay. The recent feedback they have had (ie since I paid) has been pretty bad - not non delivery, just really late and not always what people thought they were getting. I have started a "item not delivered" thing with eBay, I have also emailed again, and am writing to them (had the address to send the cheque to). I have said I will take legal action.

Has anyone got any other ideas of what I can do to try and either get my goods or my money back? Or do I just have to put this one down to experience (a very expensive experience) and steer clear of expensive items on eBay from now on.

(Never had any problems with eBay before, btw)

OP posts:
tamum · 31/01/2005 22:20

I agree with cupcakes- there are a lot of buyers who have evidently got their goods, albeit ages late. It's the phone/email problem that rings alarm bells, but maybe the seller is just overwhelmed? There is still positive feedback until very recently, ages after your cheque was cashed, so maybe there is some hope? I would still go through with the reporting though.

HunkerMunker · 31/01/2005 22:29

Not sure that I believe he drove 300 miles to deliver something though...

Gwenick · 31/01/2005 22:31

Hunker - my dad once drove 300 miles to deliver something he sold on Ebay - and someone else that he bought stuff off drove 150 miles to deliver it!

Original poster
emsiewill · 31/01/2005 22:33

cupcakes, that is the route I've taken.

Is it possible to fake positive feedback? People have been giving it fairly recently. I just don't know what to think?

Do you think I should send the letter threatening legal action, or wait?

OP posts:
kid · 31/01/2005 22:59

I think you should still send the letter threatening legal action and get as much advice as you can from your bank, Ebay, CAB.
Its too much money to just sit back and do nothing, you have been very patient, they have had enough time to deliver it.

HunkerMunker · 31/01/2005 23:01

Wow, Gwenick! Hope the person he sold to was in when he got there

Gwenick · 31/01/2005 23:04

Yes he was LOL - it was some high value computer/photography stuff and it was prearranged what time they would meet. In both instances, both buying and selling, it was cheaper for either party to get into the car and receieve an amount of money for petrol and time, than to post the stuff - one of them was a processing table (or something like that LOL).

ChicPea · 01/02/2005 00:08

The Police cannot deal with cheats, they can only deal with criminals. So telling the Police is a waste of time.
What a shame you were cheated by a seller with such a high star rating.

Gwenick · 01/02/2005 00:11

but surely taking, and cashing a cheque for over £400 without passing on the goods is stealing???

biglips · 01/02/2005 00:11

You've got the sellers name and adrs, so you need to contact E-bay and get them to back you up by sending you a letter to confirm that you are the winner bidder, then asked E-bay if they can do anything for you, if they cant then you need to contact the police with all the evidence that you have.. good luck!

Tinker · 01/02/2005 00:12

emsiewill - for revenge tell the IR and C&E. He's trading. I wonder if he's declaring???? Maybe he's busy filling in his tax return

biglips · 01/02/2005 00:13

the police can arrest the seller for fraud or theft.

biglips · 01/02/2005 00:14

and if this seller is in business then you can take him to "Small claims court"

lilsmum · 01/02/2005 07:55

if it was me, for the sum of £420 i would get their address and go and knock on there door!!!where ever they lived in the country it would be worth it!!

aloha · 01/02/2005 08:24

It's absolutely a crime to take your cheque and give you nothing in return. Do whatever it takes - Ebay, police, small claims...it's a lot of money.

Kelly1978 · 01/02/2005 09:09

Hi,
Have you gone thru eBays standard protection programn yet? You can claim at least £105 back from ebay providing you have all the proof of payment, see here

biglips · 01/02/2005 11:17

if you are gonna go down to the sellers address, have you got any big fellas that can go with you?

Original poster
emsiewill · 01/02/2005 14:58

I emailed the person who had posted a message in the eBay forum - he had his goods, but they were faulty (seems a common theme reading the feedback). He returned the TV, and has had nothing since, although he did have an email on 22 Jan saying sorry for the delay. He is writing to them threatening legal action, and asked if I would consider taking joint action with him and any other people in the same boat.

I also had an email from eBay saying

"The seller you reported is no longer a registered user with eBay. This could be due to the seller canceling his or her membership or due to eBays action to suspend the sellers membership. Once a membership is cancelled or suspended, the user is unable to bid, sell, or leave and receive feedback on eBay.....Since the seller is no longer a registered user, he or she will not be able to respond to the Item Not Received dispute you filed. As a result, you may want to consider closing the dispute and escalating your claim.....After escalating the
dispute, you may also be eligible to file a claim through eBays Standard Purchase Protection Programme....Please keep in mind that eBay acts as a venue for buyers and sellers. As such, we will investigate any reports received and sanction accounts that violate our policies, but we do not take action on an eBay members behalf, nor do we directly intervene in disputes between eBay users."

I am a bit concerned that if I go down the eBay purchase protection route, this will mean I can't claim the full amount back from the seller, say in the small claims court etc. Still, nice to know it's there - £105 is better than nothing.

I am sending a letter today recorded delivery saying that I will be taking legal action if I hear nothing in 10 days. In the meantime, I think I can access legal advice through my home insurance, so will contact them.

I would love to go there and knock on the door. However, it is about a 400 mile round trip to get there, so that will be a last resort solution - but I'm not ruling it out.

Any more ideas or suggestions gratefully received, and thanks for all your help so far

OP posts:
Original poster
emsiewill · 01/02/2005 14:59

And will have to find a big fella - dh does not fit that description

OP posts:
Kelly1978 · 01/02/2005 15:06

Hi,
I don't know what your financial system is like, but if your income is below a certain level, you may be entitled to legal aid, to pursue a civil case against the seller in the small claims court. It is worth contacting a solicitor for advice, find one that offers an initial free consultation and they will be able to assess your claim for you.

Flossam · 01/02/2005 15:11

You can borrow my Dp! Getting bigger by the day (don't tell him that) and can come in his policemans uniform to boot!!!

Original poster
emsiewill · 01/02/2005 16:59

Anyone live in or near Southend?

OP posts:
Gwenick · 01/02/2005 17:08

Nope - sorry too far away - and I don't think a 5ft petite blonde on the doorstep would be very scarey LOL

Cam · 01/02/2005 18:16

emsiewill, if you have a name and address you can isuue an action in the small claims court for a very small amount of money. You do not need a solicitor for this, indeed it would not be financially worth it for this amount of money. Getting a partial refund from ebay will not affect your right to claim, but you will simply claim less. If he does not respond to the court claim a judgment can be made against him in his absence and a CCJ will be entered against his name until he pays.

pedilia · 01/02/2005 18:27

i had a similar expereince on e-bay, no item received and little contact. e-bay are in the process of issuing me a refund, five months and waiting !!