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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently won an item on ebay which had a starting bid of

Customer Question

I recently won an item on ebay which had a starting bid of 99p ,No one elwon it.se bid on the item and I won it. The seller has refused to let me have it as the small print says she was looking for £400 however there was no reserve and no buy it now price, I have paid the winning bid price but seller has now sold the item to someone else. I do appreciate that it was a mistake on her part but instead of just admitting this and appealing to my better nature she has been very aggressive in her correspondence and accused me of dishonesty.
I actually didn't read the small print until after the auction, it was a late bid and I REALLY DID NOT EXPECT TO WIN. Could you please tell me what the situation is legally.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

It would be a grievance in civil law, not a crime, if the seller refunds you. But unless there is some freakish sort of consequential loss (heart attack when the expected pacemaker battery failed to appear?), it is unlikely to be worth suing over.

It is only a criminal offence if the seller tries to keep the item and also does not refund your payment.

I think it is worth reporting even the refunding seller, and saying in feedback what she did. You should do this by opening a case in the Resolution Centre on the Ebay website.

I am sure they will come down hard on her, on the basis that she should have put a reserve price on the auction.

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.

The seller has sold the item to a third party and not refunded

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
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