Expert: Darren Waldron - 7/25/2009

Question
QUESTION: I bid for a second-hand metal detector and on July 15th won the item for £240. Within just over an hour of the auction ending I got a message from eBay to say the seller wanted to cancel the transaction because he didn't have it anymore. I was just about to accept this, because I didn't see what else I could do, when I decided to look at the sellers other items for sale. I was shocked to see that the item I had won had been relisted so I asked the seller what was going on. He said that he had had another buyer who had let him down. I asked him why he had not then just sold it to me. He said because my winning bid was too low and if I wanted I could have the item for £300. I have reported this to eBay and asked for the relisted item to be removed. They say they will act on it but nothing has happened and now someone has bid on the relisted item. Surely this can't be right. I have now declined to accept the cancellation of the transaction and although I know I can't force someone to sell me something if they don't want to, I don't see why they they should get away with just relisting it in an attempt to obtain better bids and I'm very disappointed with eBay. I've emailed the seller but he's told me that I "just wanted something for nothing and to stop bleating about it because I didn't get it". I've pointed out that actually I did get it, I won it fairly and squarely, besides which £240 is a realistic amount of money for what is after all a second hand item, and this is a binding contract, but it doesn't get me anywhere. To be honest I don't think I want to deal with someone as dishonourable as this now, but what really upsets me is that eBay allowed the seller to relist before I had even replied to the cancellation request and have still not removed it even when I have declined to accept the cancellation of the transaction.

ANSWER: Hi, I'm sorry to hear of your problem on eBay.  Sadly there is very little you can actually do, we have had this happen to us before and really there is not much you can actually do, besides taking legal action you or eBay cannot force someone to sell an item.  The one thing you can do is leave negative feedback and hopefully this will stop the seller doing the same thing to someone else in the future.  I'm sorry I could'nt be of any more help.

Regards
Darren

---------- FOLLOW-UP ----------

QUESTION: Many thanks for really quick reply, but I realise that eBay cannot force someone to sell me an item if they don't want to. What I was hoping for was for eBay to dispense a little justice, ie give this seller a warning and at least prevent him from relisting the item. Ideally he should be barred from selling again, surely that should be within eBays power. I have reported the seller but what he has done doesn't even appear to be a breach of eBay rules!

Answer
Hi, yes I totally agree however from our own experience there is sometimes a difference in what eBay should do and what it does do.  Have you actually spoken to eBay on the phone ? I find that you get a better response when you speak to someone rather then email, and have you left feedback ?

Regards
Darren