doubleM Posted July 15, 2004 Author Report Posted July 15, 2004 (edited) I did some checking, and it looks like they are different people. It does little good, though. Even if I have their info. (which I now do), what am I to do with it? ...except possibly mailing them each some cat shit. I wish ebay would strap a pair on and learn to deal w/ some of these bogus bidders! Edited July 15, 2004 by doubleM Quote
connoisseur series500 Posted July 15, 2004 Report Posted July 15, 2004 I don't think ebay frets too much over these kinds of things. They sure don't do anything about them. I don't know how reliable the ebay feedback system is anymore. Do people pay much attention if you have a couple of negative feedbacks? Even a virtual saint like B-3er has at least a couple of negatives... Quote
doubleM Posted July 15, 2004 Author Report Posted July 15, 2004 Strange update. The original guy just sent me his first email since the night the auction closed. This is after I've sent him 4 or 5, explaining that I'd talked to his friend over the phone and not received payment, that he was responsible for paying if his friend didn't, etc.. So his email to me is: "his # is xxx-xxx-xxxx. I thought I sent it to you?". I might be dealing with a little kid, or someone w/ a strong M.R. component. What the f.?!?! Quote
J.A.W. Posted July 15, 2004 Report Posted July 15, 2004 Strange update. The original guy just sent me his first email since the night the auction closed. This is after I've sent him 4 or 5, explaining that I'd talked to his friend over the phone and not received payment, that he was responsible for paying if his friend didn't, etc.. So his email to me is: "his # is xxx-xxx-xxxx. I thought I sent it to you?". I might be dealing with a little kid, or someone w/ a strong M.R. component. What the f.?!?! What are you going to do now? Quote
J.A.W. Posted July 15, 2004 Report Posted July 15, 2004 The original guy is the one you're doing business with, so he should be the one who's paying you, not his friend or whoever. Quote
doubleM Posted July 15, 2004 Author Report Posted July 15, 2004 Well thanks for asking. Do you have an hour? First of all, I got the guys contact info. from ebay. I took that to Google, where I entered his telephone number, and got his father's name, address, etc.. I know it's his father because I did another google search on the name and got an alumni update about him naming his kids, his email, profession, etc.. It's an unusual name. I sent an email to his father telling him that his son had entered into a legally binding transaction and then past it on to a friend, who never paid. I told him that I wouldn't hesitate to pursue collecting the debt through legal channels, and here is their big chance to right the wrong. This was all last night. Today is when I got the email from the kid that I referred to in my last post. I suspect that it's the father and the flakey friend (non-payer) who are actually friends, or at least around the same age. I know this probably seems way over the top, but I can be really stubborn when I feel wronged, plus I know how to get cupious amounts of info. off of the web, and really need the dough from this horn. So, There you have it! Quote
J.A.W. Posted July 15, 2004 Report Posted July 15, 2004 (edited) If the kid is a minor, the parents are responsible and should be paying you (at least that's how it works over here). Edited July 15, 2004 by J.A.W. Quote
doubleM Posted July 15, 2004 Author Report Posted July 15, 2004 Yeah, I wondered about that. I'm pretty sure it's that way, here. The thing is, I don't really have a lawyer, but I can always continue to put up that front. I know ebay isn't going to do diddley about it. Quote
Jazzmoose Posted July 15, 2004 Report Posted July 15, 2004 If the kid's a minor, you're screwed. Minors cannot enter into legal contracts. At the very least, contact eBay and alert them to the fact that the account is held by a minor in violation of eBay rules. Quote
J.A.W. Posted July 15, 2004 Report Posted July 15, 2004 If the kid's a minor, you're screwed. Minors cannot enter into legal contracts. At the very least, contact eBay and alert them to the fact that the account is held by a minor in violation of eBay rules. What if (one of) the parents consented? Quote
catesta Posted July 15, 2004 Report Posted July 15, 2004 (edited) The thing is, I don't really have a lawyer, but I can always continue to put up that front. I know ebay isn't going to do diddley about it. Pssssst....., hey poker face, he or she may be among us. Edited July 15, 2004 by catesta Quote
connoisseur series500 Posted July 15, 2004 Report Posted July 15, 2004 That's a virtual confession from our good friend, Catesta. Quote
doubleM Posted July 15, 2004 Author Report Posted July 15, 2004 I think that these folks are about as likely to be hangin' at Organissimo.org as I would be at JohnTesh.com. But y'r right. I'm lawyered up, so watch out!!! Quote
Peter Johnson Posted July 15, 2004 Report Posted July 15, 2004 Moose is right...if it was a minor who "entered into the contract," the contract is not legally enforceable. Even if his parents consented, as Hans suggests they might have, the consent would have had to have been part of the original "contract", and I doubt there was a special provision in the "contract" including such consent. Parental consent would materially alter the contract, but genrally speaking, a material alteration to a contract, if oral (as this undoubtedly would have been), cannot be enforced. HOWEVER, if it was the kid using the parent's ebay account, then the "contract" is no longer a contract in quotes, it is a real contract and is enforceable against the parent. It would be up to the parent to "collect" from the kid (ha ha!). It's complicated, but I don't know if you're completely out of luck, double M... Quote
doubleM Posted July 15, 2004 Author Report Posted July 15, 2004 Thanks for the explanations. I'm hoping that he's not a minor. If not, could I actually sue? I mean, are ebay auctions that legally binding? Quote
J.A.W. Posted July 16, 2004 Report Posted July 16, 2004 Thanks for the explanations. I'm hoping that he's not a minor. If not, could I actually sue? I mean, are ebay auctions that legally binding? I think they are. Quote
Jazzmoose Posted July 16, 2004 Report Posted July 16, 2004 Even if I have their info. (which I now do), what am I to do with it? ...except possibly mailing them each some cat shit. Hmmm...I have cats as well, and they can't get MY contact info... Quote
doubleM Posted July 16, 2004 Author Report Posted July 16, 2004 Maybe dozens of you could send them some shit; cat, dog, pig, mouse. I'd never forget it! Quote
Jim R Posted July 16, 2004 Report Posted July 16, 2004 How do these fucks sleep at night? Believe me, I understand your frustration, and I too get frustrated with eBay's policies, but I must say this is pretty tame (and common) stuff. I don't wonder about whether these types lose any sleep. I wonder about people like the seller I encountered recently who was listing pricey ($5K- $10K) archtop guitars that he didn't actually own. He was doing that for at least 6-8 weeks. Actually, I don't even wonder how HE sleeps. I know that some people were born without a conscience. Don't get me started on what's wrong with eBay these days... Quote
neveronfriday Posted July 16, 2004 Report Posted July 16, 2004 Don't get me started on what's wrong with eBay these days... What's wrong with eBay is the kind of people that hang around there. Safeguarding agaisnt those imbeciles would pretty much ruin eBay altogether, IMHO. Think about spammers and think about eBay idiots. Trying to keep both out of your life must remain a futile attempt. Cheers! Quote
J.A.W. Posted July 16, 2004 Report Posted July 16, 2004 What's wrong with eBay is the kind of people that hang around there. Safeguarding agaisnt those imbeciles would pretty much ruin eBay altogether, IMHO. Think about spammers and think about eBay idiots. Trying to keep both out of your life must remain a futile attempt. Cheers! Always nice to know you're appreciated... Quote
Peter Johnson Posted July 16, 2004 Report Posted July 16, 2004 I'm hoping that he's not a minor. If not, could I actually sue? I mean, are ebay auctions that legally binding? If he's not a minor, it goes from being a "contract" to a CONTRACT, and is legally enforceable. That doesn't automatically mean you can sue; depending on the wording of the ebay terms which you both accepted, you might be forced into arbitration, either binding (the result is your only recourse) or nonbinding (the result is advisory, but if you don't like it, you can take it to court). If you're not channeled straight into an alternative dispute resolution method, depending on the value of the horn, you could file suit in small claims court in your jurisdiction. You would almost be guaranteed to win, but there are complicated requirements regarding serving papers to the other side, etc. If they don't show up (how far are they from you?) you can get a default judgment...but collecting it may be tough. Quote
wolff Posted July 16, 2004 Report Posted July 16, 2004 doubleM, I see you took my advice to drop the whole thing. You are one stubborn guy. I'll remember not to get you pissed at me. How many Ebay transactions have you done? I left NF on a non paying winner for a $9 item. He never replied to one one e-mail. He had 5 NF at the time out of 200 transactions. 60 days later I got a MO from him. After he got the item he left me NF for some perceived problem Last time I looked he had 10 NF's and had closed his account, but my NF is still there. Did my contact ever get back to you? Have you relisted the item? Quote
doubleM Posted July 16, 2004 Author Report Posted July 16, 2004 No Wolff, I didn't hear back from your guy, or relist it yet. I thought I'd try my obnoxious scare tactics for a few more days. I am stubborn, no doubt about it. It's just that on so many levels, this is bullshit. I talked to the actual buyer for like 30 minutes the day after the sale, and he practically told me his life story. There's no good reason for him to back out, or at least one that he had the decency to articulate to me. He's a dentist, so I doubt if it's $! That coupled w/ the fact that the winning bidder sent me that deferential note that his friend was the one who'd be paying for it. It's like getting fucked by two different people. So, I've been involved in 100+ ebay transactions. Only a couple have been lame, but none quite like this. I would describe my current mindset about it as motivated to get my dough, but resigned to the possibility that it most likely won't turn out that way. -_- Quote
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