eBay non-paying bidder help

[J0e Musashi]

So I listed an item last week on eBay, almost instantly I get a message from a guy asking me if I'd end early. I said no, and it's turned out that the same guy has won the auction, albeit for a far greater amount than what he had offered me before.

I've just checked my messages and he's sent me one saying that his son had bid on the item, that he doesn't actually want it, and can I cancel the transaction and offer it to the next lowest bidder.

I don't believe him for a second considering he asked to end early previously, but I want to know if I should cancel the transaction? Am I allowed to refuse and force him to pay for the item? Would eBay back me up or should I do as he says? eBay does state that placing a bid enters you into a legally binding contract and all that, does it mean he has to pay me?

I've never had this kind of problem before so I don't really know where I stand. eBay says I must wait 4 days until I can open a dispute, and if it's likely I'll lose out I'd rather offer it to the next person.

[layzee]

I don't believe him for a second considering he asked to end early previously, but I want to know if I should cancel the transaction? Am I allowed to refuse and force him to pay for the item?

If the buyer doesn't want to pay for it, then he won't. Practically speaking, you can't "force" him into paying for it so there's no point trying to figure out a way how (to make him hand over the money). At this point, your "best" option is to send the buyer e-mails containing persuasive language, encouraging him to do the right thing (pay for item). And hope that it's successful.

Would eBay back me up or should I do as he says? eBay does state that placing a bid enters you into a legally binding contract and all that, does it mean he has to pay me?

While it is true that all bids on eBay are in theory legally binding, there is a difference between law and enforcing the law. If you want to enforce the law somehow, it's going to cost you (i.e. not worth it).

My opinion is that the "legally binding bid" messages (before placing a bid) are merely an attempt to encourage or scare bidders into doing the right thing (bid what they are prepared to pay) and not because of any realistic expectations of forcing every deadbeat bidder on eBay to pay for what they bid on.

I've never had this kind of problem before so I don't really know where I stand. eBay says I must wait 4 days until I can open a dispute, and if it's likely I'll lose out I'd rather offer it to the next person.

Instead of cancelling the transaction, open up an unpaid item dispute after 4 days, wait a bit longer, and then close it to get your Final Value Fees back and the buyer will also receive an unpaid item strike. Mere mutual cancellation of the transaction means the buyer would get the opportunity to leave unscathed. Once the "buyer" gets enough unpaid item strikes, eBay will suspend the account (amount of unpaid item strikes required to quality for account suspension: currently undisclosed). In the meantime, send a second chance offer to the second-highest bidder.

eBay's advice would be exactly the above.

[toythatkills]

You'll end up offering it to the next bidder anyway 'cause he ain't payin', but it's still worth reporting him so he at least gets a strike against him.

[J0e Musashi]

Thanx for that all. If I send a second chance offer does it automatically cancel the dispute with the original buyer? I'd like to see him get an unpaid item strike TBH, so do I need to wait or can I offer it to the next guy right away?

[Mayhem]

Yes, as soon as you send the second chance offer, technically the "contract" you had with the winner disappears. So you'd need to file the strike first.

[EDDIE M0NS00N]

Yes, as soon as you send the second chance offer, technically the "contract" you had with the winner disappears. So you'd need to file the strike first.

.....but dont you have to wait until7 days have past b4 you can file a dispute?

By that time the 2nd highest bidder will have probably bought elsewhere.

[J0e Musashi]

I've already contacted the second highest bidder and he has agreed to wait for the 4 days so that I can file my dispute against the first bidder. All should be fine and I've only lost out on £2.

One other thing too. I've been looking at my fees for the recent selling I have been doing and I'm a little confused. The paypal payments I have already received have been subjected to fees.
Do you have to pay eBay for listing and final value fees and then Paypal fees to receive the payments?

[Hohum]

Yep. This is why I don't sell much on eBay, you lose a noticeable chunk of whatever the item sells for.

[J0e Musashi]

Well I have been ****ed over massively by this guy. I've even managed to fully work out why and how he's done it.

Basically I had listed two items on eBay, and he wanted both of them. One was a limited edition Sony Walkman, and the other was a presentation box for the Walkman. He lost out on the Walkman in the dying seconds. The simple matter of fact is that he has decided he doesn't want to buy an empty box.
He refused to pay, so I opened an eBay dispute against him, and after paying and receiving his item he goes direct to PayPal demanding a full refund saying the box was delivered to him and was damaged. He has obviously damaged the box himself to back up his claim.
Now after almost a week's worth of me having to prove that there was no way in hell it could have been damaged in transit, PayPal have sided with him said I have to give a full refund. My account has been frozen and I am -£250.

PayPal's claims department apparently look at all disputes objectively given the verifiable information present at the time, but given this situation where everything I have submitted to them in order to prove my case has been dismissed I have zero faith in them. Anybody could do this to an eBay seller. It doesn't take Columbo to work out what the buyer has done here, but they still took his side. I shall be appealing their decision if only to highlight to them how stupidly they have acted.

[abigsmurf]

Yep, Paypal will almost always favour the buyer and assume guilt from the seller. I assume he made the chargeback claim without even contacting you.

Small Claims court is probably your only option from here.

[J0e Musashi]

I assume he made the chargeback claim without even contacting you.

Yup, upon receiving the item he went and opened a dispute with PayPal and escalated it to a claim instantly without contacting me at all. I explained to them that highlights his dishonesty, but they refuse to listen.

[Mayhem]

Yeah... it's a complete pisser and why I've pretty much stopped selling on eBay now. Buyers have far too much freedom to be piss artists... why do you think the listings on the site are steadily going down and the company is finding "interesting" ways to prop this up? Plus sellers can't saying anything negative against them either.

Curious to know though why you didn't sell both items together in the same auction?

[J0e Musashi]

The Walkman was boxed in it's original cardboard box, but Sony gave the wooden presentation box to the first 100 people who bought the Walkman. I figured as they were seperate items they could go into seperate auctions. I'm gathering that if the guy hadn't have been outbid for the Walkman in the last 2 seconds none of this would have happened. I expected both eBay and PayPal to understand this, but sadly they don't seem interested.

[Shez]

Do you get the box back now then?

[J0e Musashi]

It's due for delivery on Monday, although I already know it's been damaged by the buyer in order for him to get his refund. It's a 16-year-old collector's piece, which was in mint condition. I'm dreading it's return TBH, although I'm hoping I'll be able to prove it was damaged intentionally by the guy for the appeal process.