It is with great regret.

[clivehorridge]

Sorry mate, I’m a bit late to this party, congrats on the sale Chas and as said, glad the Phoenix has gone to a club member, welcome aboard Shay

 

[Chas]

glad the Phoenix has gone to a club member, welcome aboard Shay

Yes Clive, it feels like she hasn't really 'gone'

 

[Chas]

I'm having a spot of bother with eBay, the Phoenix was advertised there but sold to a fellow member, NOT sold on eBay, Now eBay are charging me a final value amount of £258 which it looks like I'm going to have to pay, I've done some googling https://community.ebay.co.uk/t5/Arc...pposed-sale-made-outside-of-ebay/td-p/5724436 and the consensus seems to be I've got no choice or be taken to court, anybody got any ideas?

 

[Higgy]

I'm having a spot of bother with eBay, the Phoenix was advertised there but sold to a fellow member, NOT sold on eBay, Now eBay are charging me a final value amount of £258 which it looks like I'm going to have to pay, I've done some googling https://community.ebay.co.uk/t5/Arc...pposed-sale-made-outside-of-ebay/td-p/5724436 and the consensus seems to be I've got no choice or be taken to court, anybody got any ideas?

If it was sold to a member Via the Landcruiser club, and not through ebay, then there is no contract with ebay. They can charge listing Fees which is fair enough.. But not sellers fee because it wasnt Sold on ebay... If there has been no bidding or contact between you and Shay Via ebay then there is nothing to worry about. Im sure Shay will back you up... Mind you the Club could charge £258 sellers and advertising Fees ... Wouldn't Worry Chas.. Or worse case, Just tell em you still have the Truck and they are most welcome to come round and have a look... (They wont)..." Iv done that before"

 

[Chas]

If it was sold to a member Via the Landcruiser club, and not through ebay, then there is no contract with ebay. They can charge listing Fees which is fair enough.. But not sellers fee because it wasnt Sold on ebay... If there has been no bidding or contact between you and Shay Via ebay then there is nothing to worry about. Im sure Shay will back you up... Mind you the Club could charge £258 sellers and advertising Fees ... Wouldn't Worry Chas.. Or worse case, Just tell em you still have the Truck and they are most welcome to come round and have a look... (They wont)..." Iv done that before"

There had been no bidding on the truck, but there was contact, I supplied my phone number and that is what eBay are penalising me for.
They know the truck has been sold, but they don't know who to or for how much. I told them I withdrew it from sale because the engine got damaged in water and I couldn't afford to repair it and that a fellow Land Cruiser club member (no names) carry out the repairs himself.
I have had some very long phone calls to them but they refused to either cancel the payment or delete my account saying it can't be deleted while an amount is outstanding.

 

[nick_the_fish]

Is there anything to stop you from just ignoring the bill and moth balling the account? Obvs you'd need to create a new account to keep using eBay with a different name or something.

Feels like a pretty bloody major flaw in their system if the process of swapping a phone number generates an assumption of sale.

 

[chadr]

Can you not argue that the exchange of telephone numbers was to arrange a viewing (you can say that it got cancelled) and did not lead to a sale.

As mentioned above - I agree you'll have to pay listing fees but I can't see how sellers fees are applicable in this case.

As an aside, selling on eBay has become a bit of a minefield in recent years, as it is stacked in favour of the buyer so much. YMMV of course...

 

[Chas]

Is there anything to stop you from just ignoring the bill and moth balling the account? Obvs you'd need to create a new account to keep using eBay with a different name or something.

Feels like a pretty bloody major flaw in their system if the process of swapping a phone number generates an assumption of sale.

They WILL send the bailiffs in and take me to court if it is not paid.
I did create another account with a different email address and name but when I tried to change the name of the new account the name of my current account got changed so I think they knew the accounts were connected.
I have contacted my bank and stopped all payments to ebay and PayPal

Can you not argue that the exchange of telephone numbers was to arrange a viewing (you can say that it got cancelled) and did not lead to a sale.

As mentioned above - I agree you'll have to pay listing fees but I can't see how sellers fees are applicable in this case.

As an aside, selling on eBay has become a bit of a minefield in recent years, as it is stacked in favour of the buyer so much. YMMV of course...

It's not a sellers fee it is a punishment for giving a phone number which is a contravention of eBay rules, they say.

 

[chadr]

I would ask them how they expect you to arrange a viewing/inspection without exchanging contact details with the potential buyer?

I mean, the world's gone mad!!

 

[Chas]

I would ask them how they expect you to arrange a viewing/inspection without exchanging contact details with the potential buyer?

I mean, the world's gone mad!!

After another very long phone call I've found out there is a way on eBay to officially give your phone number to a listing so I've been arguing with them til I was blue in the face then what is the difference between that and what I did but all they keep repeating is 'You contravened the rules' and the charge still stands

 

[Higgy]

Its Ironic really.. Coz i sold my 120 3 Times Last week with people actually pressing the Buy it Now Button. and making offers that i accepted Via ebay ,,So they Legally entered a contract with me and ebay... But Not one made contact, And i still have the Truck.... But ebay should intervene and make them fulfil their obligation as part of the contract.. BUT they wont.. It happens all the time.. and iv complained about ebay and there rules many times.. I dont know why they seem interested in you Chas.. I even asked ebay if they could have a clause that people who used the UK ebay had a basic grasp of the English Language, But they said NO and called me a racist Im not a racist. I have actually had people phone me up who do not speak a word of English... Thats Not Racism. ebay threatened to Close my account.... So i just said F@&king close it Mate... They Havn't Yet..

 

[Shayne]

I would be very interested to see how you explain to a court how you calculated the sellers fee when you have no idea of the selling price , the law is very particular about such things so it might make for a nice day out .

You won't even have to appear just send a bill of sale to the court signed by you and Shay showing £1 , they can't send baliff's around without a court order .

 

[flint]

If possible, perhaps best to communicate with them by letter, sent by registered post and insist that any further communication from them about the matter must also be in writing sent to you by post. At least then you have records of what has and has not been said and when, and lets them know that your intention to dispute the matter is serious.

 

[frank rabbets]

Well I don't think they will take legal action for such a small amount. What they really mean is that hey will instruct debt collectors. These will stand in exactly the same shoes as ebay and have no additional powers. Debt collectors often buy bundles of debts hoping to harass debtors into paying and therefore making an overall profit. They threaten with bailiffs, court action etc but as I say they stand in ebays shoes and I don't think would go to court over a small item.

 

[frank rabbets]

P.S. Can they just take the money out of your account?

 

[frank rabbets]

PPs. If a creditor insists on being paid they cannot enforce without court proceedings. I should do nothing until you receive papers. The court must send papers so you won't be caught off guard. This costs the creditor and they can't claim it back off you. You can then decide whether to pay your original debt or not.

 

[Towpack]

I thought seller’s fees are automatically taken from whatever payment method you have registered with Ebay, at least they are on my account. If they are legally entitled to take a final valuation fee for something sold elsewhere then, surely, they’d just take it and not have to ask you to pay willingly, as it were? I smell a rat.

 

[Michael Montgomery]

Automatic payment has to be consented by the user hence being you for them to take the monies from your account usually after the invoice has been sent and date of due payment set.

I would argue they have no proof of selling through eBay hence no legal right to claim monies and would put it to them and also speak to trading standards / citizens advice.

In addiction I would put a personally complaint through to them stating the facts and thus them not having a legal right to claim such monies unless proven otherwise whilst you seek legal representation.

Best of luck

 

[Chas]

I would be very interested to see how you explain to a court how you calculated the sellers fee when you have no idea of the selling price , the law is very particular about such things so it might make for a nice day out .

You won't even have to appear just send a bill of sale to the court signed by you and Shay showing £1 , they can't send baliff's around without a court order .

The sellers fee was based on the asking price, eBay say that because I supplied contact details to a prospective buyer and then withdrew the truck from sale in their eyes it was sold.
Even if I relisted the truck again to prove it hadn't been sold the penalty would still apply because the penalty was for supplying contact information, not actually selling off eBay.

 

[Iwan]

Sorry to hear/read this Chas, Isn't this thread proof that it wasn't sold on ebay?

It states the sale from here.. I'm thinking..