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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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bizzarrt
Posts: 9,321
(30 of 51)

Re: Non-paying bidders

Jun 20, 2009 5:24 PM
Nope I didn't make it up Atikovi.
There was a great skit on Saturdat Night Live on Cork Soaking though as I recall.
Its prolly on Youtube?

"Indy" would be the one to ask about a time study on how long a cork should be properly soaked before being stuffed in a bottle?:|

The ex and I made some homemade Dandelion wine many years ago.
She did the corking and that was just pure awful stuff.
Everytime I think about that stuff i throw up a lil in my mouth:_|

I would sooner eat a couple tablespoons of wet mushy silly cybin:-p


Now back to the regularly scheduled program:^O

I think that eBay forgot that they still have what they called "Community Values"?

Maybe they need to go to:
Site Map
News
Community Values and read it.

Now that I've mentioned it?
It may now dissapear or get revised?:|
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indythings
Posts: 4,586
(31 of 51)

Re: Non-paying bidders

Jun 20, 2009 7:23 PM
Insensitive??? Numb, would probably be a better term. Non paying bidders have been a problem since this place was invented. I've read so many complaints on these boards about UID's that I've been vaccinated an built up an immunity to all talk an no backup.

Lawsuit? If that worked for anyone but an attorney I'd like to know the strategy behind the suit. Breach of contract, one must prove damages and so far a "if I sold it... doesn't work" This is not a real estate rental contract, where provisions are made for landlords to advertise, till a suitable tenant is found.

It's a vehicle sale on titled property listed on a venue. There is "Breach" unless you can prove damages under the current laws you have to work with.

Sure it's a bad situation, a nonpaying bidder, gets to leave feedback. A loophole in the feedback system that needs to be plugged. A retaliatory feedback war isn't the answer.

The fact that some sellers that can't produce the goods, file a unpaid item report after they refund the payment, is also a problem. Instead of filing a mutually agreed not to complete the sale, they feel that if they have to make a refund, because the item is no longer available, they should mark the buyer for being upset they didn't get the item before their time limit to file ran out. In this situation, after the buyer jumps through hoops in eBay's system, gets a employee to remove the UID strike, feedback should be allowed to warn other buyers.

Anything else, UID strike on file, negative feedback should not be allowed from a buyer. Time limits for placing a negative could be established, where a positive could be left immediately. Other than feedback damage I don't see where wasting additional time and funds is going to prove anything to anybody who bids without completing the deal.if the live in another State. There's no extradition for civil suits. You'd have to file in the buyers State to win anything, and that's only if you could win.

Now this court order feedback removal, never tried it myself, but still interested if the situation arises... According to the Help pages under Feedback removal
Link
eBay is provided with a valid court order requesting Feedback Removal.

. My attorney stated that eBay wouldn't have to abide by any court order other than the State the company is registered in. IE California, odds that I'm flying to CA to file a feedback removal order are pretty slim. But if there's a way that works. I'd also like to hear it, rather than a bunch of big talk about lawsuits that never happen. I was figuring eBay was doing it as a courtesy if someone actually won a defamation lawsuit in court in their State of residence they would remove it.

Now I read maybe my attorney is right.

Now I've seen successful lawsuits over UID's on tickets to an event that expired before the situation was resolved. But that's untitled property or merchandise, subject to different laws than titled property.

If you have won or know how to win a lawsuit on titled vehicles that a non paying bidder decides to pass on. I'd like to gear how to actually do it. But I'll be the last one to encourage a lawsuit I know can't be won.

Until I hear something that works, I'd file the UID, get your final value fee returned an move forward.

So I guess I'm now
Insensitive

And have to wait to hear the big secret to winning the eBay lawsuit when it comes out on a DVD and sold on eBay?

You all join hands and sing Kumbaya now, I'll pour a Jack and Coke and ponder on Bizzy's math problem

Just my opinion
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bizzarrt
Posts: 9,321
(32 of 51)

Re: Non-paying bidders

Jun 20, 2009 7:46 PM
:^O
I would rather ASSume that you need to prove that a loss occurred?

In this particular case Bryan is Tryin but,
sold the veh for about $500 more than he sold it to the previous Non Paying Bidder.

Hence NO loss has occurred.
Just a big ole undeserved negative feedback.

The issue that Tryin Bryan is diputing now is the negative feedback of reputation?

JMO

Best thing to do is just lie down until the feeling goes away OR just "Suck it Up Buttercup":^O
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mountain_motorsports
Posts: 6,999
(33 of 51)

Re: Non-paying bidders

Jun 20, 2009 9:23 PM
I dont' know if ebay allows the word "asswipe" but I do know you'll get pink slapped for saying Doggamed feather mucking, corkscrewing bastitch.....

Oh crape' I said irt again...phuque...

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indythings
Posts: 4,586
(34 of 51)

Re: Non-paying bidders

Jun 20, 2009 11:08 PM
Some say.......Never soak or boil your corks. This may have been recommended in the past, but today, doing so will compromise its composition and limit its function. In short, this could ruin your wine.

Because....

A cork stopper for a wine bottle or the like is coated with, for example, silicone rubber to prevent impurities in the cork from contaminating the contents of the bottle. The coating may be applied by dipping or immersion preferably with ultrasonic agitation to improve penetration of the coating material into the cork pores. Prior to coating, the corks may be soaked in a solvent to leach out taint compounds from the surface of the cork, thereby reducing the likelihood of such compounds concentrating on the coating surface.

To put it bluntly,,,Synthetic Corks are not Soaked or

If your making your own wine and buy corks from a store that has them in bins unprotected, unbagged, and not synthetic A quick dip in a 70 ppm sulfite solution spiked with 1 g/L of tartaric acid might rinse the dust away and retard some surface-dwelling disagreeables. Once a cork has dried out mold has seeped into its nooks and crannies, especially when making wine in the garage. Even a rigorous wash in a sulfite solution, or any other available sanitizing compound, no matter how strong, will not be able to do much. Wash corks in water that isn't sulfite solution spiked and you may even increase the chance of infecting your corks microorganisms with a source of moisture. Also good reason to also remove your oily contaminated work shoes and wash your feet before you stomp the grapes in your garage also. Or buy a press.

And Dog, and/or Bizz I'm not talking about the press you use on your muffler bearings, just so your not confused. Especially you Dog, I don't want to hear about how you tried to poison Impalass with home brewed wine. And then sayin it was my idea

Anyway the general consensus on the internet for soaking corks is 15 minutes, no longer than half an hour. But most recommend buying synthetic bagged for sale corks. Now boiling corks to kill germs is a another story, usually done for three to 5 minutes, often leads to premature failure of the cork in 1 to 2 years, so it's not a recommended method.

Bibliography

Google it yourself

And you might find... As Seen on TV

Link
www.videosift.com/video/Saturday-Night-Live-Cork-Soakers

Until then it's just my opinion

Ya'll can learn something new everyday on da internet
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jr-41ford
Posts: 7,902
(35 of 51)

Re: Non-paying bidders

Jun 21, 2009 5:56 AM
"I have already spoken to an attorney, because Ebay says they will remove negative feedback with a court order,"

I would also file a claim in small claims court against eBay and the NPB for reasonable attorney fees and court costs.

Use a process server to serve both parties.

.........................................................

JR




I don't need sex, the government screws me everyday
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theautoport
Posts: 1,619
(36 of 51)

Re: Non-paying bidders

Jun 21, 2009 6:26 AM
As the OP said, It's more about trashing his feedback rating.

It is going to be tough selling collector cars with a 75% positive feedback rating! The comment itself is one thing, the resulting percentage of positive feedback is another.

I had a guy on our S60R yesterday, but he said he would not buy a car like that sight unseen unless the seller had 100% positive feedback. So that negative has hurt our business reputation.

I say there are unspecified damages caused by a trashed business reputation.

.
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bryanstryan
Posts: 27
(37 of 51)

Re: Non-paying bidders

Jun 21, 2009 7:22 AM
OMG, another one that gets it, I feel like a board.
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dogthebountyhunter
Posts: 13,200
(38 of 51)

Re: Non-paying bidders

Jun 21, 2009 7:26 AM
Ahhhhhtoport!

"I had a guy on our S60R yesterday, but he said he would not buy a car like that sight unseen unless the seller had 100% positive feedback. So that negative has hurt our business reputation."

Somebody actually said that?

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theautoport
Posts: 1,619
(39 of 51)

Re: Non-paying bidders

Jun 21, 2009 8:42 AM
Somebody actually said that?

Yep.. That's a fact Jack.. :(

I'm going to do some research tomorrow on what Chrysler paid on that deal. The deal folder is still sitting on my messy desk!

BTW: Happy Fathers Day, Ya Ole Coot.. B-)

.
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bizzarrt
Posts: 9,321
(40 of 51)

Re: Non-paying bidders

Jun 21, 2009 8:53 AM
I get it Bryan but,
no matter just how squeaky your wheel gets?
Hard to say if it will get greased or not?

Just a suggestion.
If you create an About Me page and describe your undeserving negative in a factual manner.
(leave out the Bart Simpson name calling chit)

And in any future listings you may have?
Refer to the About Me page at the top of your description in listing.

I've seen quite a few people do that.
It sure couldn't hurt;)



Autoport
You got one raw deal on that neg for sure.
It must still hurt when you sit down:|
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indythings
Posts: 4,586
(41 of 51)

Re: Non-paying bidders

Jun 21, 2009 9:04 AM
I'm not totally insensitive so here's some help....

Kumbaya lyrics

Kumbaya, my Lord, kumbaya;
Kumbaya, my Lord, kumbaya;
Kumbaya, my Lord, kumbaya;
Oh, Lord, kumbaya.
Someone's cryin', Lord, kumbaya;
Someone's cryin', Lord, kumbaya;
Someone's cryin', Lord, kumbaya;
Oh, Lord, kumbaya.
Someone's singin', Lord, kumbaya;
Someone's singin', Lord, kumbaya;
Someone's singin', Lord, kumbaya;
Oh, Lord, kumbaya.
Kumbaya, my Lord, kumbaya;
Kumbaya, my Lord, kumbaya;
Kumbaya, my Lord, kumbaya;
Oh, Lord, kumbaya.
Kumbaya.



And have a Happy Fathers Day
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dogthebountyhunter
Posts: 13,200
(42 of 51)

Re: Non-paying bidders

Jun 21, 2009 9:41 AM
"BTW: Happy Fathers Day, Ya Ole Coot.."

Uh Thanks I think!

You been to my house autoport, picture this!

I am sitting at the kitchen table waiting for the festivities to begin. Actually just waiting on the big expensive gift my Son got me and the Happy Father's Day card my daughter is going to make me that I am sure will make me cry like a baby.:_|

That's what's happening here! I am not getting out of this chair to go cut the grass until I have gifts, a card and a good cry!

And you can't make me!:^O

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theautoport
Posts: 1,619
(43 of 51)

Re: Non-paying bidders

Jun 21, 2009 9:50 AM
I have not heard from my stepdaughters yet.

Wan made me a big breakfast and a big ole fathers day cake.. I done ate half of it already!

Just sitting here in the Air Conditioning and working on another masterpiece: Link It's way too HOT to go outside for any reason!

.
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bizzarrt
Posts: 9,321
(44 of 51)

Re: Non-paying bidders

Jun 21, 2009 10:39 AM
Hot?
Its 94 in Ft Laud right now but, it only feels like 105:|

I took myself out to Denny's this morning and have soaked through 2 tshirts 4 times each working outside today so far and the day ain't over yet.

"Indy" ya know sometimes you sure can be an insensitive Cork Soaker:^O

Do you know why Michael rowed the boat ashore?
'Cause his Hydrogen Generator crapped out;)
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