Ebay seller will not send item even though paid for

[Archer]

Hi

I recently bid on an item on Ebay and after six days was confirmed as the winning bidder, I paid in full within twenty minutes of the auction ending.
Twenty four hours later the seller contacted me to say he would not be sending the item (ten year old Sat phone which he claimed wasn't tested and didn't know if it worked) due to Data Protection Act regulations. I am conversant with the Act and it has nothing to do with it, you would assume taking the sim card out would be ok if it did.
He said he would refund me but as yet two days later it still is marked as pending.
I contacted him again saying that we had a legally binding contract and that as I had paid him in full the ownership of the item transferred to me at that moment, that he should send it.
I got another response saying it was listed in error and that he has already disposed of it. (He is the manager / owner of the company who actually listed it and let it run a full six day auction)
I responded to say that I still wanted the contract honoured and that he should recover the item and send it to me.
His response: its been permanently disposed of.
All this has gone on during the time he has my money and the item is legally mine.
I wanted to know if there is a way I can legally get the contract / Auction enforced as I think he still has the item and wants to sell it again later for more.

[wales01man]

Re: Ebay seller will not send item even though paid for

how much was the item

[des8]

Re: Ebay seller will not send item even though paid for

The legal position is that you have a binding contract and the seller is in breach.
In practice your remedy depends on the value of the item.
If it is readily available at a higher price then you are entitled to claim the difference in price from the seller.
But whether or not it is worth your while to sue is another matter.

Probably best to get your money back, then leave very negative feedback