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Last Post Jun 22, 2009 7:07 AM by: bizzarrt
Replies: 51
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bryanstryan
Posts: 27

Non-paying bidders

Jun 19, 2009 6:30 AM
Dear fellow confused Ebay seller, I have a better one for you to chew on....I have been a member for eight years. I'm not a power seller, I just like to play around with old Cadillacs. I had a 1976 Eldorado Convertible on Ebay about three weeks ago. No reserve starting bid was $6,080. In my listing I clearly detailed that FIRST BID OWNS and that a $500 deposit was REQUIRED with 48 hrs and that payment in full MUST be made within seven (7) days. When the auction was over I sent the high "bidder" a note of congratulations and an invoice for the $500 deposit. Get this his reply was "I don't send deposits, I'll TRY to get out to see it in three weeks, IF I can, & IF I like it I'll buy it."
I started to investigate what I had to do right away. According to Ebay I had to wait seven days before I could file a non-paying buyer (should be bidder) case. Went through all that exicting process, following all of Ebays requirements. After the non-paying bidder case was closed, Bidder left NEGATIVE FEEDBACK for me. This took my perfect 100% (16) positive feedback rating to 75%. As I said I don't do it alot.
Then I contacted Ebay about the unjustified negative feedback, Ebays reply "BUYERS are allowed to leave negative feedback" No matter where I send Ebay e-mail, no matter how many times I explain Ebay keeps refering to him as "Buyer" So yesterday I notified high bidder who did not follow the terms of the auction that I will be suing him here in Ohio for breach of contract if he does not remove the negative feedback. What I find most confusing is that Ebay seems to protect people like the non-paying bidder instead of those of us who follow the rules.
Would you look at and consider buying a classic Cadillac from someone with a feedback rating of 75%? I wouldn't.
Griff tried to help but, the same thing keeps happening, BUYER CAN DO WHAT HE WANTS, EVEN THOUGH HE BOUGHT NOTHING!!!!!!!!
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atikovi
Posts: 1,650
(15 of 51)

Re: Non-paying bidders

Jun 20, 2009 8:39 AM
If I was asking a favor from someone the last thing I would do is call them brainless.
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bizzarrt
Posts: 9,321
(16 of 51)

Re: Non-paying bidders

Jun 20, 2009 8:50 AM
Keep in mind that if in the future there is a worldwide nuclear war?
Cockroaches may be the only survivors;)

Also if in the future it would be a good idea if you ever get another deadbeat?
Prolly a good idea to just leave the feedback factual with the hopes that it won't get removed.

I mean if ya wanna call someone a Corksoaker, a Socktucker, a Cokesacker? Best to just state the facts.

This Corksoaker works in a distillery, he soaks the corks before they go in the bottles.

This Socktucker works in a sock factory, he tucks the socks in the bags.

This Cokesacker works in a mine, he sacks the coke into bags.

:^O

Myself?
I wouldn't get all bent out of shape over it and waste money on an attorney.

Just lay down until the feeling goes away.
Most sellers these days become unwilling victims here.

Best to have more than 1 account.
One for selling and 1 for buying and theres no guarantee that that will work.

A perfect world it ain't;)
Sally Forth
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bryanstryan
Posts: 27
(17 of 51)

Re: Non-paying bidders

Jun 20, 2009 8:54 AM
DUH using their "system" and quoting their onw policies didn't help, can not use Ebay agin untill I'm finished with the law suite, so why not try to get someones attention. The squeeky wheel gets the grease, or removed.
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indythings
Posts: 4,586
(18 of 51)

Re: Non-paying bidders

Jun 20, 2009 10:08 AM
Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule.
Are Insults, Critiques And Opinions Considered Defamatory?
Insults and epithets are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance
Are E-Mail And On-Line Activities Subject To Laws Relating To Defamation?
Yes, laws relating to defamation are applicable to e­mail and other online activities.

In order to prove defamation, you have to be able to prove that what was said or written about you was false.
The party making a defamation claim (plaintiff) must ordinarily prove four elements: Number 1. a publication to one other than the person defamed;
There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.) Number 1. Truth. This is a complete defense

47 U.S.C. sec. 230 says that No provider or user of an interactive computer service shall be held liable on account of—
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph

Link

It is the policy of the United States— to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation

If eBay just made it impossible for a non-paying bidder to be unable to leave a negative feedback, problem solved, reduced consumer complaints, less email traffic, a lightened complaint center load, less eBay sellers leaving. and happy stockholders.

Just because the might read a few posts here doesn't mean they care.

Maybe a class action lawsuit against eBay would wake them up, consult a personal injury attorney that specializes in Defamation and put up a website. Law school that might need a class action project to work on?

As long as your going to sue...

just my opinion
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dogthebountyhunter
Posts: 13,200
(19 of 51)

Re: Non-paying bidders

Jun 20, 2009 10:22 AM
Ebay WILL NOT REMOVE FEEDBACK WITH A COURT ORDER!

I submitted a valid court order to them 6 weeks ago. Called after 2 weeks, they were still looking at it.

After another 4 weeks it is clear they have no intenetion of doing it.

Why should they remove it?
All they have to do is say they didn't get it or they lost it or that person has been out ill.

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bryanstryan
Posts: 27
(20 of 51)

Re: Non-paying bidders

Jun 20, 2009 12:08 PM
It's called breach of contract, and when hambone 14 hours away in wisconson gets his notification of the court date my guess is removal of negative will been quickly soas to not have to appear in court here in Ohio. I will then have summary judgement from the court.
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judipearl2
Posts: 11,200
(21 of 51)

Re: Non-paying bidders

Jun 20, 2009 12:26 PM
I hate to hear these stories!!!

He bid on a car knowing that a deposit was required.

Sorry this happened to you.:(

This guy belongs on everyone's BBL.



Photobucket
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indythings
Posts: 4,586
(22 of 51)

Re: Non-paying bidders

Jun 20, 2009 1:41 PM
Kinda curious why eBay in California would have to abide by a court order that originates from any State than California?

Unless it was a Federal Court Order.

What jurisdictional law am I missing?

Well, good luck to you on your law suit anyway, I'm sure somebody will gain from it, even if it's only your attorney.

Breach of contract? with what damage?

Just my opinion
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theautoport
Posts: 1,619
(23 of 51)

Re: Non-paying bidders

Jun 20, 2009 2:30 PM
Well, good luck to you on your law suit anyway, I'm sure somebody will gain from it, even if it's only your attorney.

Indy, you are being insensitive to the situation.

It's really quite simple - If your not going to put up the required deposit, or not pay - then don't bid! It really don't get any simpler than that!

And it really sux that a deadbeat can bid - not pay - then neg the seller with eBay's approval!

Just my opinion too.. :)

.
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dogthebountyhunter
Posts: 13,200
(24 of 51)

Re: Non-paying bidders

Jun 20, 2009 3:20 PM
"If your not going to put up the required deposit, or not pay - then don't bid!"

I agree!
Why play games?

And it really sux that a deadbeat can bid - not pay - then neg the seller with eBay's approval!

I agree!
Why play games?

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bizzarrt
Posts: 9,321
(25 of 51)

Re: Non-paying bidders

Jun 20, 2009 3:41 PM
I "deadbeated" ONCE about 3yrs ago on a car trailer.
Sent the guy $60 I think to cover the listing fee.
Said that he was OK with that.
He sold it to the next highest bidder for $20 less.

Reported me, got his fee back and then Negs me after cashing my checkX-(

Pretty sure that he worked in a Sock Factory:^O
Or maybe a mine or a distillery? I forget.
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atikovi
Posts: 1,650
(26 of 51)

Re: Non-paying bidders

Jun 20, 2009 4:04 PM
"This Corksoaker works in a distillery, he soaks the corks before they go in the bottles.

This Socktucker works in a sock factory, he tucks the socks in the bags.

This Cokesacker works in a mine, he sacks the coke into bags."


I think bizzy made the first one up. Cork expands when you get it wet. No way to get it into the bottle then.
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bryanstryan
Posts: 27
(27 of 51)

Re: Non-paying bidders

Jun 20, 2009 4:13 PM
This is starting to be fun......can't buy or sell anymore may as well keep people entertained. Here is a refresher.....

Auction terms......Starting bid is what I have in her. There is no reserve so bid only if you wish to own this beautiful car and you have the money. A $500 deposit will be required within 48 hrs of auction end. I would like balance and pick up within 7 days. All payments must clear my bank and be VERIFIED before the car leaves my garage.

My first e-mail to high bidder.....Congratulations.
I look forward to meeting you next week. There is a $500 deposit required within 48 hours.
This may be done via paypal or cashiers check or money order sent to;

The reply.......
sorry i dont send downpayments for anything anymore,ben screwed too many times,every time i send money the car is not what was explained. either rust bucket or junk.i guess you will have to sell to someone else.

Attempted "resolution".....EBAY FEEDBACK POLICY STATES

"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."

Refusing to PAY as REQUIRED, and telling stories about a rusty car is not trying to resolve anything. BIDDER (not buyer) UNDERMINDED THE RESOLUTION PROCESS in Ebays own guidlines.

"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."
"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."
"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."
"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."
"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."

Why do only a few of us understand this. It's pretty simple english...

"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."
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kars_of_tellico
Posts: 427
(28 of 51)

Re: Non-paying bidders

Jun 20, 2009 4:16 PM
Why is it that Ebay will go over board for a buyer and treat them like kings ?????

Why is it that Ebay treats the sellers like crap when it comes to the NON-PAYERS ?????

Why don't Ebay charge a buyers fee specially on Ebay Motors ???

Charge a certain percent when they bid it off ??????

The buyers knows they can do anything and get by with it
If a problem comes up the seller is the one left holding the bag with the hole in it

IMO EBAY NEEDS TO BE OVERHAULED & PIMPED


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bryanstryan
Posts: 27
(29 of 51)

Re: Non-paying bidders

Jun 20, 2009 4:58 PM
If he was a BUYER, you wounldn't be reading this post. He's a bidder. Eight years of buying and selling one or two cars a year down the blackhole of one moro....better not finish that. One person with a computer and no morals or feeling of responsibilty for their actions.

"When the buyer's communication within the Resolution Center undermines the purpose of the unpaid item process and the eBay Feedback system."
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