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Subject Topic: Am I being unreasonable?
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23/9/2010 at 10:36pm
 Location: Cheshire
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I put a caravan on Ebay for spares or repair. A few people came to view it and made bids, others asked questions and then put bids in. I was totally honest about its faults - that's not the problem. I offered local delivery, but asked bidders to agree delivery terms with me before bidding.

At the last minute a new bidder came in (who had made no previous contact) and won the auction. Then the fun started. When I asked him when he wanted to collect it he said didn't have a towcar. It is a 60 mile trip to deliver which I agreed to do for petrol costs, at which point he then said he didn't have storage. Each email took a full day to get a response from him.

He has now asked me to keep the 'van for another week whilst he sorts a towcar out and finds storage, all of which puts collection/payment into the first weekend in October when I have to work all weekend.

In my view someone bidding on a caravan may be reasonably expected to have either a towcar or at least storage sorted. I'm willing to deliver it but he has nowhere to put it. So what do I do?

I've suggested he pulls out of this sale and waits until he is ready to buy a caravan. And I'll offer it to second chance bidders.

Is that fair enough, or am I being unreasonable?



23/9/2010 at 10:50pm
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Sounds as though you have been very reasonable with your prospective buyer. Personally I would offer him an ultimatum either he wants the van or not.

Give other buyers the chance and don't let him mess you around. I would have specified collection only on your van also then if he really wants van its up to him to sort that out. Not your problem if he doesn't have the forethought to sort out towcar or storage before buying. Sounds a bit dim to me.

 

 

 



23/9/2010 at 10:58pm
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If hes paid you the money your laughing its his worry,id tell him the vans on the street and its now up to him.My advice to you is first come first served dont listen to promises just make sure they know its their responibility and if they give you a deposite tuff if they dont collect when they say its a tough world be tough..

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JEFF................


23/9/2010 at 11:11pm
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If I remember rightly you can't do anything for 7 days according to the eBay rules, but have you secured a deposit? If not tell them you will only hold the van for X amount of time for Y amount deposit within 24 hours or will hold it indefinitely for the full amount, if neither deposit nor full amount is forthcoming after 24 hours then you will offer it as a second chance (but probably be best to relist it)

After 7 days you can then take it up with eBay.

As for last minute bidders - I do that all the time and also will ask people if they can hold it for me for collection if they can't or won't post but I do pay up front if required.

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24/9/2010 at 12:28am
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This makes you understand some of the seller statements you see, 'time wasters' is a common term used!

However, ask him for the full amount or a non returnable deposit and you will hold it for a set amount of time before charging storage.
Don't under any circumstances leave it open ended, state a date.
It is a little known fact, that in law a deposit or even sending an invoice for goods you still hold, passes the ownership of the goods, that's why invoices state 'title of goods does not pass until paid for in full'
Even this though is not good enough, it needs to be on the original quote to be legally binding!

Post last edited on 24/09/2010 00:41:09


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24/9/2010 at 1:22am
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Quote: Originally posted by arc systems on 24/9/2010
This makes you understand some of the seller statements you see, 'time wasters' is a common term used!


I've never understood it. No-one considers themselves to be a timewaster, and even if some sick joker did, would they be put off by a statement saying "no timewasters"?

I think the OP should give a deadline for collection of 7 days and then, if the van hasn't gone, contact the underbidder.

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* You never know where you're going 'til you get there...


24/9/2010 at 7:24am
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Thanks folks - some helpful suggestions. I didn't ask for a deposit since so far I've found ebay buyers to be totally straightforward. I guess I've just been lucky so far. I wouldn't mind holding it if the guy had asked in advance, but he just keeps changing his mind and adding further delay.

Well at least I feel a bit more comfortable about giving him an ultimatum. I felt like I was turning into Victor Meldrew.

I've just delved a bit into the ebay rules and it seems that a buyer has 4 days in which to pay up, after that it can be logged as an unpaid item.



Post last edited on 24/09/2010 07:41:25


24/9/2010 at 8:53am
 Location: Keswick
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Gary is spot on. The buyer is in breach of contract - see EBay condition that  a buyer must not "fail to deliver payment for items purchased". So you have to consider what you are going to do in respect of that breach. Termination of the contract is one option but then you need to consider just how you deal with termination to protect your position. Saying "if you don't send me the money in due course I will sell the van elsewhere" is not enough. That does not fix an end time for the contract and so your contract can be regarded as "at large" as it is known legally. That is to say, open ended so the buyer can pay at his leisure. So give him a deadline as Gary suggested. Remember to say something along the lines of "I consider you to be in breach of contract" so it is clear that you dealing the matter as a termination. Then "and I will sell the van elsewhere unless you pay the sum of £x no later than 12 noon on the [     ] day of [      ] 2010. Payment must be made in cash" If you are still willing to deliver then mention that.

May  seem long winded but in any transaction stick to the legals just in case the other guy wishes to try somehting on like accusing you of a breach of contract!

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


24/9/2010 at 9:05am
 Location: Blackburn Lancashire
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It's clear that he's messing you about.  You have been more than reasonable.  Take the good advicegiven above and sort it out.

Your customer is the unreasonable one.

Good luck.

Jim



24/9/2010 at 9:46am
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In addition to the above two posts look on the bright side - you will still have your goods when eBay says the buyer is right - which happens 99% of the time

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Caravanning is a way of getting a cheap holiday out of an expensive hobby

rune@tabbytha.com


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24/9/2010 at 9:48am
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You are being totally reasonable.

I would be emailing him saying you want a deposit via paypal whilst he is sorting out collection & storage. If he is genuine he will do this. I would also give him a deadline on a dates stating it will be then offered to the bidder underneath.

I recently sold our FC and the buyer couldn't collect for about 5 days due to work commitments but he willingly sent me £100 deposit via paypal on the same night.

If this guy is genuine he will send a deposit and if he doesn't then i would be thinking he is just a waster and there are plenty of them on ebay so don't feel guilty about putting pressure on him. if he won't send you a deposit there is obviously a reason. I recently bought a caravan off ebay and i put myself out to continously check my mails to see if the seller had contacted me and replied straight away but that's because i desperately wanted the van and was a genuine buyer.

Good Luck with it and i wouldn't let him mess you about



24/9/2010 at 9:57am
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The plot deepens. I put some pressure on and he rang me - the number came up beginning  00487XXXXXXXX - anyone know where/what that kind of a number that is?

Didn't get long before his phone died - but he seemed totally clueless about why he was at fault not paying and being unable to collect it.



24/9/2010 at 10:07am
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The telephone number is Poland...

If he hasn't paid by the 5th day open an unpaid item dispute and relist.

Second chancers won't be interested because the 'buyer' "pushed their bidding up unfairly"

-------------
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rune@tabbytha.com


24/9/2010 at 10:08am
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I think you are being too reasonable personally.  You have spent 7 days watching your auction, answering questions & thinking that your van will be out of your hair by now, then some idiot goes and throws in a last minute bid for something he has no way of collecting or storing & just presuming this will be fine with you.  Its fine to throw in a last minute bid but in his position he should have cleared his situation with you first. 

If you are willing to hold it for him I would request a deposit to be wired to you via PayPal if he won't do this then I'd report him as a non payer, complain to Ebay who will refund you your auction fees and re list.  If you re-list I wouldn't make any mention to it being listed previously unless someone asks you directly as it may seem to other prospective buyers that all wasn't as it seemed with your van & original buyer walked away.

Good luck with it



24/9/2010 at 10:10am
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Poland?! Surely he shouldn't have bid at all on a UK listing unless your listing stated it was available to European bidding?


24/9/2010 at 10:40am
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Poland! Well that explains some things. Thank you for that bit of information. His ebay identity gives his address as in Liverpool.

Well as it stands I am going to see his father (or so he says) this evening to collect the cash - it's not a huge problem as I happen to be in the area anyway. I've said I will store it for a week - after that I dispose of it at my discretion. And that's all in writing.

So fingers crossed at least I'll be paid - and if they don't collect it then I'm sure someone else will benefit.

Thanks for all the help & advice.




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