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1. If I win an item at auction on eBay, for collection only, and pay promptly, is said item my property once payment has been made?
2. If the buyer then “refunds” my money without good reason, and without any request for a refund, is this legally in fact not a “refund” but a gift of the money to me?
3. Following the above, if the seller then re-auctions said item, or gives away or sells it in any way to some other person; is this illegal?
4. What recourse would I have in case of the above?
To give specific details:-
I recently bid on eBay for an oven, for collection only, which I won and paid for promptly. I immediately messaged the seller that I would collect the day after, mid afternoon; the reasons being that I live in Kent, the seller in Essex; I’d arranged collection for another item in Essex for that day; did not want to waste time unnecessarily; nor pay travel expenses, including the Dartford Crossing (which reminds me, I must pay it!!!:-)
She messaged back asking if I could pick up after 6pm to which I replied “No”,without giving reasons, including that I work in the evenings.
She asked for my phone number, which I gave as well as a request for hers, and so location for collection.
I immediately received 3 calls from “unknown number”; but no response on the eBay messaging service. On the third one, she left a voicemail message saying the my statement informing when I would pick up was “short notice” (odd, given that she knew, indeed set up, the date when the auction would finish - and I’m sure most people will let the buyer know when they will collect pretty quickly. And I can’t see mid-afternoon is an unreasonable time. Surely if they are going to be difficult setting up collection times they should arrange for delivery. It will make selling more difficult - but that is their problem IMO.) Voicemail here --->>> https://www.facebook.com/tony.bone.5...13546865563704
She also insisted I get back to her; even though I had no means for ascertaining her phone number, & it was difficult to go online to eBay - my phone battery was low - eventually ran out.
I then received a message from eBay telling me about the supposed “refund”.
She hasn’t reposted it for auction - but I will keep my eyes peeled.
Very apposite is that I was the only bidder on the oven (she set the auction End Time as 07 Mar, 2022 17:44:59 GMT - a Monday; best time is usually considered Sunday, which is maybe why I was the only bidder, and so I got it for the minimum asking price. It’s quite possible she was expecting more, certainly I was prepared to pay more - My max was £175. It’s quite possible she’s withdrawing as much to try & make more profit. Indeed a negative response does state “cancelled after 5 days not pleased best avoid this seller lame excuse given” - maybe for this very reason - see pic)
So:-
Is the oven now my property?
Was the “refund” in fact a gift? If so I will donate it to a charity.
Would it be illegal for the seller to attempt to sell or give away what I take to be my oven?
Any advice on what further steps I might take is much appreciated.
If it does reappear before this is resolved I might rebid - would I then be entitled to pay only the original price I paid of £80 regardless of the price I win it for?
2. If the buyer then “refunds” my money without good reason, and without any request for a refund, is this legally in fact not a “refund” but a gift of the money to me?
3. Following the above, if the seller then re-auctions said item, or gives away or sells it in any way to some other person; is this illegal?
4. What recourse would I have in case of the above?
To give specific details:-
I recently bid on eBay for an oven, for collection only, which I won and paid for promptly. I immediately messaged the seller that I would collect the day after, mid afternoon; the reasons being that I live in Kent, the seller in Essex; I’d arranged collection for another item in Essex for that day; did not want to waste time unnecessarily; nor pay travel expenses, including the Dartford Crossing (which reminds me, I must pay it!!!:-)
She messaged back asking if I could pick up after 6pm to which I replied “No”,without giving reasons, including that I work in the evenings.
She asked for my phone number, which I gave as well as a request for hers, and so location for collection.
I immediately received 3 calls from “unknown number”; but no response on the eBay messaging service. On the third one, she left a voicemail message saying the my statement informing when I would pick up was “short notice” (odd, given that she knew, indeed set up, the date when the auction would finish - and I’m sure most people will let the buyer know when they will collect pretty quickly. And I can’t see mid-afternoon is an unreasonable time. Surely if they are going to be difficult setting up collection times they should arrange for delivery. It will make selling more difficult - but that is their problem IMO.) Voicemail here --->>> https://www.facebook.com/tony.bone.5...13546865563704
She also insisted I get back to her; even though I had no means for ascertaining her phone number, & it was difficult to go online to eBay - my phone battery was low - eventually ran out.
I then received a message from eBay telling me about the supposed “refund”.
She hasn’t reposted it for auction - but I will keep my eyes peeled.
Very apposite is that I was the only bidder on the oven (she set the auction End Time as 07 Mar, 2022 17:44:59 GMT - a Monday; best time is usually considered Sunday, which is maybe why I was the only bidder, and so I got it for the minimum asking price. It’s quite possible she was expecting more, certainly I was prepared to pay more - My max was £175. It’s quite possible she’s withdrawing as much to try & make more profit. Indeed a negative response does state “cancelled after 5 days not pleased best avoid this seller lame excuse given” - maybe for this very reason - see pic)
So:-
Is the oven now my property?
Was the “refund” in fact a gift? If so I will donate it to a charity.
Would it be illegal for the seller to attempt to sell or give away what I take to be my oven?
Any advice on what further steps I might take is much appreciated.
If it does reappear before this is resolved I might rebid - would I then be entitled to pay only the original price I paid of £80 regardless of the price I win it for?
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