Can't pay for eBay! Help!

I bidded on a phone for my brother in hopes that i could win it for him, but it turns out the credit card used on my eBay account had been disabled (Bouncing) and was wondering if I could get in big trouble for not paying for an eBay bid? The guy who sold the items was gettin pretty grumpy on me. He left me a message saying if I dont pay him, he is gonna go through a lawsuit and all. Is this possible? What is the most trouble I can get in? I really didn't want this to happen and all, but I need some advice.

How are you unable to pay the guy? What does your credit card on eBay have to do with it? I'm sure he'll accept a money order mailed to him, and you say right in your sig that you'll pay $15 PayPal, so you're obviously capable of that. I'd be upset if I were the seller too.

I dunno exactly what will happen to you, because I've never stiffed anyone and have never really pursued the people who douche out on me. I guess you'll get a NPB on you, a negative feedback, and possibly your eBay account terminated, but I doubt any more than that. Just pay up.

O crap, forgot to get rid of the stuff in my sig lol, i havent been on the computer in days.
But I dont do moneyorders and only things through my credit card for paypal, he wants paypal BTW

nothing will happen )

he can give u a bad feedback i think. thats all he cant sue u . chances are if he wants his money that bad you are getting ripped off anyway

icic, so i am safe? i really didnt want this to happen, but you know how life is

What do you mean you "don't do money orders?" Go to your post office, they're like $0.70 and you have proof that you paid unlike cash. If you "really" didn't want this to happen you wouldn't mind mailing the guy his money.

Or just take the NPB and negative feedback..

You're fine. He can't sue you. He is obviously being an idiot-tard. Worst he can do is file a complaint of a non-paying ebay member and give you negative feedback.

Bidding on ebay is a legally binding contract in many states. The seller could take you to small claims court, probably, but thats not cost effective for him

[quoteb08550f945="Admin"]Bidding on ebay is a legally binding contract in many states. The seller could take you to small claims court, probably, but thats not cost effective for him[/quoteb08550f945]

Admin is correct - though a bid is a legally binding offer (to be precise) - if you win the auction, the seller accepts your offer and a contract is formed.

In any case, the seller has every right to sue you. It doesn't cost much to file a small claims case - here are some prices from FL.

[quoteb08550f945]Proceedings in County Court
Less than $100.00 -- costs $55.00
Less than $500 but greater than $100 -- costs $80.00
Less than $2,500 but greater than $500 -- costs $155.00 [/quoteb08550f945]

He will win, and you'll have to pay the court fees as well. Pay the man, and don't bid unless you can pay next time.

But since he doesn't have the phone I don't see why it would be cause for legal action. The seller still has the phone and he can put it back up for auction. He may be out, the listing fees but I think he can get that back from ebay. I'm assuming that you told the person your situation but they still want the money. All that will happen is you have to take negative feedback.

How much was the phone?

[quote5c22a04f9a="Admin"]Bidding on ebay is a legally binding contract in many states. The seller could take you to small claims court, probably, but thats not cost effective for him[/quote5c22a04f9a]

Who would go through the hassle of all that if you don't live close. You gotta travel to court and what not, I just do not see how it would be worth it.

So the profit from suing me wouldnt be worth it?
Can [u40ba43036f]eBay[/u40ba43036f] do anything about it, like charge me a fee or something? Like I said, I was intending to buy it, but my credit card got disabled and cant pay him back now.

[quote7c5e796129="nixnamz"]So the profit from suing me wouldnt be worth it?[/quote7c5e796129]

I wouldn't think so. How much was the phone? $20?

$170

[quote154b2d59ae="nixnamz"]$170[/quote154b2d59ae]

Oh so it was a cell huh? Maybe it would be worth it for him but I highly doubt it. I have big on items tons of times and not paid, maybe that's why I am forbidden from creating more accounts hehe

lol

I just realized nixnamz said he "bidded" no the cell phone.

maybe he wants pr0n, everyone wants pr0n.... not that I watch it everyday when i get home from work...

well, i got desperate and pressed the "Buy It Now" button roll

Just offer to pay the guy the listing fees and see if he agrees to cool off. Of course, then you have to follow through and pay him the few bucks it would cost you, but would probably you save you any hassle with Ebay, etc.

[quote77925db6c3="Collateral"][quote77925db6c3="Admin"]Bidding on ebay is a legally binding contract in many states. The seller could take you to small claims court, probably, but thats not cost effective for him[/quote77925db6c3]

Who would go through the hassle of all that if you don't live close. You gotta travel to court and what not, I just do not see how it would be worth it.[/quote77925db6c3]

For most small claims cases, the plaintiff (the seller) doesn't have to be present, and to serve the defendant (nixnamz), all they have to do is mail the subpoena to his house. The seller can get the mailing address (and already has it) from eBay.

[quote570c96b75d="Collateral"][quote570c96b75d="nixnamz"]$170[/quote570c96b75d]

Oh so it was a cell huh? Maybe it would be worth it for him but I highly doubt it. I have big on items tons of times and not paid, maybe that's why I am forbidden from creating more accounts hehe[/quote570c96b75d]

No, he could sue you for your bid amount ($170), fees associated with filing the lawsuit, and court costs - You'd be looking at about $500 easily all-told.

That said he likely not going to sue you (because it's just as easy to put it up on ebay again), but if he's threatened it, maybe he will.

As a seller if your buyer doesn't pay, Ebay will give you your listing fees back, so at this point, if he files NPB against you, he'll get his fees back and leave you negative feedback.

I hate to play contrarian with some others in this thread, but someone in your situation certainly [i373258cdfa]could[/i373258cdfa] get sued. Bids on Ebay and the like are offers and, once accepted, are as binding as any other contract.

OTOH, is it worth it to sue? [i373258cdfa]Probably[/i373258cdfa] not. That doesn't preclude someone from doing so if they have the gumption, though.

ive never sold anything before, but is the auction fees pretty high? anyone willing to pay me paypal just need a couple of bux, for me to do something you might need. Just name it i guess

[quote8b3119add5="nixnamz"]So the profit from suing me wouldnt be worth it?
Can [u8b3119add5]eBay[/u8b3119add5] do anything about it, like charge me a fee or something? Like I said, I was intending to buy it, but my credit card got disabled and cant pay him back now.[/quote8b3119add5]

How could eBay do it if your credit card isn't working? roll

Listing fees aren't that high but he also gets charged a percentage of what he sold it to you for. Either way you need to pay the man for something. Why not just get your card fixed?

you dont have the actual cell, how could he sue you over a product you dont have... the only thing he is out of is the actual fee... get over it, lesson learned...

[quote1449a3ed16="rae3rae"]you dont have the actual cell, how could he sue you over a product you dont have... the only thing he is out of is the actual fee... get over it, lesson learned...[/quote1449a3ed16]

It's called a contract. A contract that happens to be legally binding. Nixnamz "signed" the contract saying he would pay his bid amount for the product. He's breaking that legal contract by not paying. That's how you sue. There's no lesson here for the seller to learn and get over. The seller did nothing wrong here, nixnamz did.

No offense but your whole story is pretty weak. Your credit card broke. You refuse to send him a money order for some undisclosed reason. Yet you can pay a fee ebay might charge you or his listing fees? You say you "really intended to buy it" and you "really didn't want this to happen." Then just pay the guy! Write him a check. Put up the (very) nominal fee for a money order. Pay him through Paypal with your bank account. Stuff one dollar bills in a padded envelope if you have to. You bid on the item, or bought it now, it's a no-brainer that you were going to have to pay up..

Why everyone is calling the seller an idiot in this case is beyond me.

Some people don't seem to understand or read between the lines of this story. He has no money! He was using a credit card because he doesn't have the actual cash to pay for the phone! But there seems to be a problem with his credit card and now he can't use it. He wants to be nice and pay the listing fees but he still doesn't have any money and he's asking someone to pay him for signing up for a site or something, so he can pay the person the listing fees.

And why would the seller waiste money suing when he can just list it again.

The seller is full of shit. He won't sue you. If he's that hard up for $170 bucks, he can't afford to sue you. He's blowing smoke up your ass for sure. You're an idiot if you sell stuff on ebay and don't expect this to happen once in a while. Just abandon the ebay account and open a new one.

[quote4e68f6f097="Retro"]Some people don't seem to understand or read between the lines of this story. He has no money! He was using a credit card because he doesn't have the actual cash to pay for the phone! But there seems to be a problem with his credit card and now he can't use it.[/quote4e68f6f097]

Legally, that doesn't really matter. If you get a judgment against you, it's a simple matter for someone to have an outstanding debt for which they can take the funds when you do get it. One can't avoid a contract just because their funding temporarily dries up.

[quote4e68f6f097]He wants to be nice and pay the listing fees but he still doesn't have any money and he's asking someone to pay him for signing up for a site or something, so he can pay the person the listing fees.

And why would the seller waiste money suing when he can just list it again.[/quote4e68f6f097]

Well, three things... One, if you read the Ebay guidelines (also legally binding), it's very clear buyers can be held liable for auction bids. And two, that's just not how contracts between buyers and sellers work. If you agree to purchase something and then you don't, you're liable for the purchase price, regardless of whether you have the item or not. It isn't like building a house, where you might just get cost of completion damages. And three, judgments aren't all that difficult or costly to get.

[quote4631266d55="kevxross"][quote4631266d55="rae3rae"]you dont have the actual cell, how could he sue you over a product you dont have... the only thing he is out of is the actual fee... get over it, lesson learned...[/quote4631266d55]

There's no lesson here for the seller to learn and get over. The seller did nothing wrong here, nixnamz did.
[/quote4631266d55]


I never said the seller needs to get over it. nixnamz learned a lesson (dont make decisions quickly) and needs to get over it..

And along with that... If the seller sues this guy.. does nix then get the product if he doesnt win the case? (He would had paid for it and not recieved the 'services')

[quote5c36f7f90d]nixnamz Mar-05-05 at 182318 PST


why so much? i thought the setup price was much lower, liek coupble of bux? What shipping? you havent
even sent it yet.


nowaybaby2004 Mar-05-05 at 182039 PST


75 dollars plus the 5.50 shipping and handling.


nixnamz Mar-05-05 at 180550 PST


how much are you requesting?


nowaybaby2004 Mar-05-05 at 164505 PST


Sir, it is not about being kind or not. It is business. Please send a money order or something.
It costs money to list items.


nixnamz Mar-05-05 at 120125 PST


If you will not be kind enough to forgive me, I am very sorry and will have to accept the strike. My
credit card is currently disabled as I have said before and cannot currently be used at this time. I
am sorry for the inconvenience.


nowaybaby2004 Mar-05-05 at 110719 PST


You have bid on it. You should not bid on something that you cannot pay for. I demand my money, or
a lawsuit will be involved.


nixnamz Mar-05-05 at 073644 PST


Please listen carfeully, I have already told you numerous times that I CANNOT pay for the item that
i had purchased. My credit card is currently disabled and do not have the money to pay for it.


eBay Mar-04-05 at 214053 PST


An Unpaid Item dispute has been opened for the following item Nokia 6225 (Sprint) (#5754328020)
Reason given for Unpaid Item The buyer has not paid for the item.
Buyer actions reported by seller The buyer has not responded.[/quote5c36f7f90d]

PS I have responded to all his messages and he seems to be responding back very fast.

I don't care how much people say that there is a contract, that seller is not suing.

I'm a seller and I would be very pissed if someone backed out on paying for an item. But all I could do is ask them if they can pay the listing fees, or file a npb report and my listing fees will be covered & give them negative feedback.

[quote6ba3daa568="Retro"]I don't care how much people say that there is a contract, that seller is not suing.

I'm a seller and I would be very pissed if someone backed out on paying for an item. But all I could do is ask them if they can pay the listing fees, or file a npb report and my listing fees will be covered & give them negative feedback.[/quote6ba3daa568]


Finally! A voice of reason. )

Feh. I'm not unreasonable. I'm just stating the facts. In a year, I can charge people for stating those facts. -)

[quotec017751b77="xs10shul"]Feh. I'm not unreasonable. I'm just stating the facts. In a year, I can charge people for stating those facts. -)[/quotec017751b77]


Great! Another lawyer. roll












































wink

[quote1e56383598="undertheradar"][quote1e56383598="Retro"]I don't care how much people say that there is a contract, that seller is not suing.

I'm a seller and I would be very pissed if someone backed out on paying for an item. But all I could do is ask them if they can pay the listing fees, or file a npb report and my listing fees will be covered & give them negative feedback.[/quote1e56383598]


Finally! A voice of reason. )[/quote1e56383598]

check on page one, I said that same thing 3 hours ago.

noting will happen. long time ago i baught a Shark Case From Ebay and the ddude was tripping all did was told him to Flilili off and nothing happend next time don't put CC when u sign up just use www.walla.com and they will not ask for CC

I am a seller on ebay and i have had non paying bidders. I tried to be a hardass about it and intimidate them then i tried to go through ebay and i communicated back and forth through emails with an ebay rep for about a month just to finally come to the conclusion that the bad bidder "may or may not" receive a warning. That was it. I have payed for an ebay item and never received it too. They basically said the same thing, that the seller has been contacted and may receive a warning.

So basically, I dont think ebay pays much attention to tiny issues liek these and nothing will probably happen. The seller will leave you bad feedback no doubt but you can easily follow up and explain what happened on the feedback page. And if they were trying to hassle you after the sale to pay them they probably were just mad that they arent getting paid and thats it. I am a pretty mellow guy but i tried to act hard in the emails to get them to pay me but it never worked and that was the end of it. So the threats about you getting sued will never become reality. Everyone will forget about the whole thing in a week or two