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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My husband bid and won an item on ebay and then suspected that

Customer Question

My husband bid and won an item on ebay and then suspected that the price had been forced up using shill bidding. Complained to ebay prior to the auction ending. Got no response. and then decided he did not want to go forward with the purchase.

I have now got a county court summons for the value of the item. I did not purchase the item although my name is XXXXX XXXXX the ebay account. So the whole family uses the account.

What are our options now.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

How much did the item cost? Who set up the account initially?
Customer: replied 3 years ago.

I set-up the account initially. The item cost £1440.00. The claimant said in his claim that he got my information from ebay and from a directorshuip search online. As I have a company. (which also uses this account)

Expert:  Stuart J replied 3 years ago.




You can complain about the shill
bidding to eBay and it is indeed illegal but the fact remains that he agreed to
by the item that price and appears now to have changed his mind.

Unless he/you can prove shill
bidding he/you are bound under the terms of the contract.



The item was purchased using your
account and therefore you are liable although you do have the right to
counterclaim against your husband.



I appreciate that this is not the
answer you wanted but I have a duty to advise you honestly and truthfully, even
if the answer is unfavourable for you



 



Does that answer the question?
Can I answer any further points?



Customer: replied 3 years ago.

Ok. Although unfavourable I accept your answer.

 

However. The seller stated in their post that they accept cash as a payment. We did not notice this and asked if he would allow payment by paypal. He accepted he would in an email and then changed his mind.

 

How can this matter now be settled with all the animosity involved around the claim we have no intention of going to the claimants house to collect the goods. He will now only accept cash but we want the comfort of paying by paypal or other methods which give us some protection. We don't want to pay cash and have not received the items yet.

 

If we pay by paypal and then find the items to be damaged or he does not send the items we can claim back if we pay cash we have neither.

 

I can however show the history of the shill bidder with no feedback bidding straight after each bid we made up to the maximum. But I cannot prove the the bidder is related or indeed the same person. I can just prove spurious bidding and the times and dates of the bids. All by the same bidder account with zero feedback.

Expert:  Stuart J replied 3 years ago.

Under ebay TCs he must accept paypal. I have over 1400 EB transacts over 12 years so know the rules reasonably well.

I wouldn't be paying him cash either.

What is item number?

Customer: replied 3 years ago.

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=111139042658

 

I accept your answer and if I have bought it although it seems unfair I will abide by what is right. I just need to make sure that I get the item now and it is in the condition he describes it in and in full working order as I know should I pay cash I will get no respite should anything be wrong.

 

I could pay paypal and have a courier collect if that is my only defence.

 

On the payment section it also states

 

Hi Maxine, I am willing to accept a PayPal payment on this occasion. Please contact me on XXXXXXXXXX to discuss a collection time. Best Regards, XXXXX XXXXX

Expert:  Stuart J replied 3 years ago.




It does seem odd that there was
only one other bidder by and large and that was a new account. I assume that
eBay have raised no concerns with this.

Of course, if you don't get it or
it is not completely is described, you can always turn the tables and sue him
although remember that because he is a private individual (or so it seems)
court proceedings will be transferred to his local court which might not be
convenient for you



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