Ebayer taking me to court for non payment

[Stinger357]

Well if you have been following this on chat, you will know this lady I bid on a hachiman computer system from her for 499. I won the bid and then decided to I couldnt afford the item. So I received a unpaid item strike from her, and in turn my account was suspended. Well before the item strike she was threatening me to call her to make this right.. If I called her she would not give me the strike but if I didn't call her I would receive it. I don't belieive I need to call this lady for anything. Well psycho ebayer as she is she now has sent me an email threatening to take me to court to recover her listing fees and the cost of the computer. Let me know what you guys think I should do. I mean I admit I should not have bid on the item but we are entitled to some misakes. She is taking this way too far, I think she has some kind of grudge against me. I am tempted to get an attorney and sue her for threatening to take me to court over something as small as this. If I owed her 10k or 20k ok then I could see it. But for a blasted computer system. Here is the e-mail I received from her. Your comments are welcome.

Because you entered into a contract with me to purchase Hachiman Gaming Computer Quad Core, and you have not paid for your purchase, i am refering this debt to NCO Financial Services or another debt collection agency or attorney for collection. according to the seller terms you agreed to when you bid, you are responsible for paying all debt collection costs, court costs and attorneys fees. The debt collection agency will report you to the 3 major credit bureaus per applicable law. minimum court costs and atorneys fees are usually $1200.00 which you will be responsible for. please pay the amount you owe for your purchase.

[SlotsRfun]

Hello!
Legally you are responsible for her costs to post the item on ebay but you are not bound to pay for the item itself. You should pay her the Ebay fees. As for the rest she is blowing smoke and will end up having to pay fees to any collection service she engages.
All you have to do is explain what happened to them-if they contact you at all-and they will realize that no actual sale occurred since you did not finalize the purchase and she has not sent your the system.
pay her the fees through paypal and forget it!

[mark1120]

Was this a "buy it now" transaction or an auction in which you were the highest bidder? If the latter, why not be cordial and see if you can work with the seller to contact the second place bidder for a "second chance" offer? You could then pay her the difference between what she would have received from you and what she winds up receiving from the second place bidder (or a subsequent auction winner)...and on the plus side, your character would still be intact. Alternatively, if this is something that is readily marketable...meaning you can turn it around and easily get $400+ for it on ebay, then why not follow through with the transaction, resell it, and turn your $500 mistake into something that's more like a $50 mistake?

For what its worth, I won an auction last week in which the starting bid was only $0.99 and the buy it now was $150.00. As it turned out, I was the only one that bid on the item, so per ebay rules I should have gotten it for $0.99. I felt bad for the guy and thought he might bail on the transaction, but when I contacted him about a pickup, he sent me an email apologizing for his ad and then stated my cost would be $150 if I wanted it. Life's too short...so I didn't push the matter further...but I would have had tremendous respect for him had he followed through with his ebay auction results.

[RaymondV]

That is the biggest bunch of BS I have ever heard.
Maybe that would be possible if she already sent you the item.
You should not have bid on it if you could not pay for it but sh** happens.
It probably happens a thousand times a day on Ebay.
Just send her a $10 or $15 money order for the fees, I would not use my Paypal account.

[johntofva]

Well, if nothing else, you owe her an apology. It isn't that we make mistakes, because we all do. But what we do about the mistakes we make. So do the right thing and send an apology and offer to pay the fees.


One more thing, you are given a special gift at birth. And it is the only thing that you get to take with you when you die... Do you know what that is? It is your name. So what does your name mean to your family,. friends and the world? This is what you get to decide.

[Stinger357]

I did appoligize to hr prefusely..but she demanded I call her. Also she said her listing fee's were going to be 100 dollars..I call BS on that.

[johntofva]

I did apologize to hr prefusely..but she demanded I call her. Also she said her listing fee's were going to be 100 dollars..I call BS on that.

Yes a hundred dollars is BS. I am sure Paul can tell you what the cost would be on the listing. Send that to her with an apology again, and also state that this will be the last correspondence. (keep it short and simple with NO EXTRAS)

[drcrippen324]

if you got a non paying strike then it was because she filed a complaint and they ound in her favor wich means ebay refunded her listing fees and final value fees there for she cant su yo ufor anything as she hasent lost out

had this recently with a bidder just not responding to paymnt requests hit help and typed in non paying bidder the rest was there for me to follow so you can read it yourself

sounds to me she is a tad poisond and dosent know what she is talking about

[luckydog]

they don't refund ebay listing fees, just final value fees only

[Stinger357]

This lady must not have taken her ridlin this week, today I get this message from her:

NOTICE OF SUBMISSION TO COLLECTION AGENCY - 02:45AM 10-25-2009


YOUR ACCOUNT has just been transmited to my attorney and to a debt collection agency. if you pay for your purchase, i will remove your debt
from collection. however, if they begin the collection process, you will have to pay the collection agency directly. if this matter is not
resolved until a court hearing is obtained and a judgment is secured against you for breach of contract, you will be required to pay court costs and atorneys fees in excess of $1200.00, on top of the amount of the current debt you owe.

Please conduct yourself accordingly.

10-25-2009

I'm telling you I have never met anyone on ebay as psycho as this lady. I am dubbing her psycho ebayer.

[compirate]

save all of this, will make an interesting article for the news!

[ebb]

Folks that don't pay there obligations hurt all of us. Think car insurance.
It reduces the integrity of the system for everyone.
We all make mistakes but if those mistakes result it damages to someone else things need to be set straight.
Just my opinion.

[kkentert]

If you did not receive the item, she is full of %$@. She is however out the fees, but they are not $100. you should try and calculate what those fees are, and send her a certified letter with the fees. Possession is 9/10 of the law. If it ended up in court (which it shouldn't) you would win since you do not possess the item, but a judge would probably require you pay the fees. That said, she would have to have proof of fees which would NOT total $100. If she had sent it to you, and you had not shipped it back, this would be a different story.

[monkeyboy]

Sounds to me like a total bluff. Have you received a letter from her attorney? Just offer to pay her listing fee which is probably only a few dollars not $100 and hopefully that will be the end of it. For such a small amount I don't think an attorney would even take on the case. She's just trying it on IMO.

Also the collection agency can't collect money on something you don't even own. It's not like you have the item and have not paid for it.

Please post her ebay name so we know who to avoid/send abusive emails to. Thanks

[daverob]

While I agree that non-paying bidders is a pain, it is a part of selling on eBay and if a seller can't deal with it, then they shouldn't really be selling.

I'd argue that as you have received a non-paying bidder mark, that any contract between you and her is now null and void, and you consider the matter to be resolved.

However tell her that if there is any difference between the paid and refunded final value fees, and the listing fee credit she should recieve when the item is re-listed, then you will offer to make a goodwill payment so that she is not out of pocket.

Also tell her that if she instructs any debt collection agency or lawyer to pursue any debt that has not been previously negotiated in good faith between both parties, then all applicable legal fees are her own responsibility, as her giving you a non-paying bidder strike has voided any previous agreement you entered into when you bid.

If she still threatens you with the full auction value, or payment of the full eBay fees, then tell her that you prepared to report her to eBay and her local law enforcement for fraudulent threats and extortion.

I'm sure eBay would be interested if she is still trying to force you to buy the item, as that is recognised as fee avoidance, and the sellers account will be suspended.

[Sid]

Well if you have been following this on chat, you will know this lady I bid on a hachiman computer system from her for 499. I won the bid and then decided to I couldnt afford the item. So I received a unpaid item strike from her, and in turn my account was suspended. Well before the item strike she was threatening me to call her to make this right.. If I called her she would not give me the strike but if I didn't call her I would receive it. I don't belieive I need to call this lady for anything. Well psycho ebayer as she is she now has sent me an email threatening to take me to court to recover her listing fees and the cost of the computer. Let me know what you guys think I should do. I mean I admit I should not have bid on the item but we are entitled to some misakes. She is taking this way too far, I think she has some kind of grudge against me. I am tempted to get an attorney and sue her for threatening to take me to court over something as small as this. If I owed her 10k or 20k ok then I could see it. But for a blasted computer system. Here is the e-mail I received from her. Your comments are welcome.

Because you entered into a contract with me to purchase Hachiman Gaming Computer Quad Core, and you have not paid for your purchase, i am refering this debt to NCO Financial Services or another debt collection agency or attorney for collection. according to the seller terms you agreed to when you bid, you are responsible for paying all debt collection costs, court costs and attorneys fees. The debt collection agency will report you to the 3 major credit bureaus per applicable law. minimum court costs and atorneys fees are usually $1200.00 which you will be responsible for. please pay the amount you owe for your purchase.

well shouldn't you have realized you couldn't afford it before you bid? although i do think that this particular eBayer, is perhaps overreacting but you brought it on yourself.. when there is no money in the bank or the Paypal account you don't go playing on eBay seems like common sense to me.. but then again common sense is a dying thing...

Bottom line is its time to be responsible Stinger. this is not what a responsible person does..

[SlotsRfun]

Stinger, relax, she can't do anything. You should contact ebay and tell them she is harassing you. what you did was walk away from a sale at the point of purchase, same as if you brought somemthing to the register and when it was rung up,you changed your mind and wlked aay.
That's it!. She has NO legal recourse. she is just harassing you. You would only be responsible for her listing costs and I understand she did not have any.
contact ebay and file a complaint against her!

[Meathead]

My advice to you is to antagonize her further so I may get some more amusement from this thread.

[RaymondV]

My advice to you is to antagonize her further so I may get some more amusement from this thread.

[dattia]

My advice to you is to antagonize her further so I may get some more amusement from this thread.

Troublemaker!