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Discussion Starter #1
Some sort of heavy equipment seller. Bid and won on one of my bikes and now is refusing to pay or pick up with some bullshit excuse. not sure what I can do to this guy other than just the ebay channels and maybe a small claims court case if I want to push it just to make trouble.

If he bids on any of your auctions, I recommend you cancel his bids as he is a pain in the ass to deal with.
 

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ATTHE?
where are they located?
Got some relatives up there
 

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I'd say if the guy refuses to honor his bid - then he owes you the relishing fees. Unfortunately, this goes on quite a bit on ebay.
 

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There is always small claims court but the lost time and aggravation is going to cost you more than any judgement you might possible receive. Check SCM's Legal Files articles written by John Draneas for more insight on what losses might be recoverable. You will never win by trying to force the other party to accept the contract as-is. Ain't gonna happen. Such is the nature of doing business on eBay. Use their weak process to ding the seller and move on. These deadbeats have no shame in their game. Your best bet might simply be public ridicule so that whenever someone searches Google for ATTHE the first thing they see is your dissatisfaction with them.
 

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Discussion Starter #8
to get specific performance on the contract, I would have to sue the dude in, for lack of a better term, a "real" civil court (meaning one in which there is a judge, a jury, etc....). This would cost thousands which I don't have to recover very little.

Even to do it in small claims court the most I can recover is the time lost in anticipation of the contract and any costs and loss I would take reselling the bike. This too takes time and energy and has diminishing returns.

What I can do
 

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I'd send the guy a bill for re-listing your bike. I'd also tell him if he doesn't pay then a complaint will be filed with ebay. I do believe you can also post a very negative posting about this guy bidding and not paying. That action alone will directly effect his further bidding action on ebay.

So if it was me - I'd send this guy a re-listing bill and if he doesn't pay then I'd post the most negative posting about this guy you can legally post. You being Geeto shouldn't have a problem getting real with this guy...

I might add - your first email to this guy should be nice and not nasty. You might say something like - I'm sorry you choose to bid on my bike that you had no intention to carry through with the purchase. As a result, I am forced to pay a re-listing fee to ebay of $$.$$ which is a direct result of your false bid. I am expecting you to cover my loss due to your inaction. If you fail to cover my loss due to your bid action, then I will be forced to report your actions to ebay as well as post a negative feed back about you. This negative feed back may directly effect your future bidding actions and serve to warn other ebay sellers that you are not a reliable bidder. I will give you 7 days to remit your payment to me or I will take the above action against you.

Sincerely;
AAAAAAAAAA

If the guy totally ignores you - then you post the negative feed back and report him to ebay. That's about the extent you can do against this guy. Good luck...

"I'm not a lawyer but I play one on TV..."
 

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eBay will refund your listing fees. Just file a non-payment case against him. If he doesn't respond to it eBay will still refund you after a certain amount of time. Usually about a week.
 

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Discussion Starter #11
I filed a claim with ebay, as a non paying bidder they will refund my fees automatically and potentially lock his account (at the very least they will restrict his bidding and selling). He will not be able to leave me negative feedback but I can write whatever I want on his wall.

my first email to him was very formal but it did mention that I would have to report him to ebay since he failed to communicate to me. His response was literally "fuck off".

My second email was basically I hope you do the right thing and honor this contract because I don't wan't to make trouble and I reminded him I am willing to work it out. heard nothing.

I called his work today and they told me he isn't in and has had a "bereavement". I am suspicious of this because his secretary said something about a hunting trip on saturday, so....either he doesn't want people to know his business or is really a scumbag.

Notwithstanding that his communication is the worst I have ever seen, I am not the guy to do bad things if the reason you are a flake is because of some sort of tragedy. I am going to send one more email today in an attempt to work it out, if I hear nothing by COB tomorrow, then I will finialize my claim as a non paying bidder (and request his selling account be locked), and report his failure to pay to the credit agencies (equifax, transunion, etc).
 

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Discussion Starter #12
new development - the guy sent me a deposit on the bike. No other communication but that act alone closes my non-paying bidder case with ebay. I am not sure if he wants to go through with it or if he is just buying his way out of non-paying bidder status.
 

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and the plot thickens..

I know it sucks and its a shitty out look but i see the worst in people.
Its a modern age.....we all have INSTANT access to phones, emails and ebay. i know the second a listing ends if i won or lost...or if it sold or not.
I pay right from my phone often with in minutes of the listing.....but then again i have 100% feedback and im proud of that.

he guy knew he won....then made arrangements outside of what wsa laid out in the listing to get the bike....then fell off the face of the earth....not cool. the story was first given as he was on a hunting trip and that he had left no word about the bike. maybe this is just the secretaries way of not knowing what she is talking about or covering up the idea that the guy really is going though something difficult in his personal life......or he really is that much of an ass....

as citizens united said....$$$=speech so at least you have some communication....but again if he was near a computer to send money then why no email saying what was going on?
and the fuck off is just stupid.....even if you are pissed normally its fuck off my mother died.
 

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As a seller, I don't care if an asteroid landed on your house and wiped out your entire family. Your word is your bond and responsible men make good on their commitments. Business is business. The buyer must pay up or get lost. I only accept non-refundable deposits with clear terms regarding completion of the deal. If the terms are not met then I keep the money as payment for the hassle of dealing with people who don't have their act together. This guy has already jerked you around once so I wouldn't count on him honoring any other terms or conditions of the sale. If it was me I'd probably relist the bike and keep the deposit until I had a done deal. In the meantime, if you sell to someone else then what you do with the first guy's deposit depends on the terms of the agreement, your belief in karma, etc.
 
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