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Thread: Cultivator bought on e-bay ???

  1. #61
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    Re: Cultivator bought on e-bay ???

    If the location was not far why not fetch it back to your place hold onto it for abit and attempt to re sell yourself that way you could have potentially made a profit and not caused any fuss with the seller. Have to side with the seller on this one hes doing you a favor offering you anything back take it on the chin as a silly mistake and move on

  2. #62
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    Re: Cultivator bought on e-bay ???

    The problem is that you were expecting the thing to make the same amount second time around and wanted to limit your loss to 55. But it didn't make anywhere near that second time. So who carries the can there?

    You should have gone and picked it up or accept the 58 with good grace. The seller has already had to list it twice, pay 2 lots of fees and deal with 2 buyers.

  3. #63
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    Re: Cultivator bought on e-bay ???

    Accept it Phil you are wrong this time.

  4. #64
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    Re: Cultivator bought on e-bay ???

    Seller is definitely in the right, why shoul he be left out of pocket, because of your mistake, your lucky to get 58

  5. #65
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    Re: Cultivator bought on e-bay ???

    This is a great thread, don't know about you but i've had at least 100 worth or enjoyment out of it.

  6. #66
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    Re: Cultivator bought on e-bay ???

    I haven't had any enjoyment out of reading this basil, its the precise reason I use ebay very little it brings all the special cases out of the woodwork.

  7. #67
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by matbrojoe View Post
    This is a great thread, don't know about you but i've had at least 100 worth or enjoyment out of it.

    +1 And Phil still thinks he's in the right..........but don't suppose he'll change his mind now!

  8. #68
    Senior Member daven's Avatar
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    Re: Cultivator bought on e-bay ???

    It's not ebay you wanna stay away from........ It's churches ..... You don't wanna be take a chance on settin close to the folks replying here..... Lightning ya know.....
    Be your self and speak your mind. Them that matter won't mind and the others don't matter

  9. #69
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    Re: Cultivator bought on e-bay ???

    Phil,
    thanks for starting this thread and sharing your unfortunate experience with us.We all make mistakes from time to time.

  10. #70
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by matbrojoe View Post
    This is a great thread, don't know about you but i've had at least 100 worth or enjoyment out of it.

    Well you know where to send the payment.

  11. #71

    Re: Cultivator bought on e-bay ???

    Why do I have a vision of King Canute in my head?

  12. #72
    Senior Member WoodenHead's Avatar
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    Re: Cultivator bought on e-bay ???

    After my earlier post slating Phil - I looked it up. Whilst it doesn't look 8' wide it's fairly easy to gauge its approx width off the linkage

    It needs a wire brush, a gallon can of red oxide and a slot on the Antiques Roadshow

    And you bought it Phil - but.....

    What's interesting is in the original listing when Phil purchased, a bidder with a feedback rating of 5627 bid 50, then when Phil bid on, that bidder stuck in one of 150. Phil won it at 155

    But when it was resold, the 5627 feedback bidder was also active but this time only bid 50 and lost it at 58.00

    Obviously Mr 5627 wasn't as keen to buy it second time round........

    Just a thought but as I say you still bought it Phil - perhaps it was just 58 quids worth before 5627 got involved.

    Eyes wide open....
    Money isn't everything - but it sure helps to keep the children in touch

  13. #73
    Senior Member Phil's Avatar
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    Re: Cultivator bought on e-bay ???

    Some very interesting replies to this thread.

    The overwhelming majority back the seller & say he has done nothing wrong....do you all know him ?

    Some have slated me left right & centre & claim you know what I would have done in different situations....do you know me ?

    Just like the 100 quid, the replies are certainly not worth loosing any sleep over. But it's been a pretty good & worthwhile debate.

  14. #74
    Senior Member skoda's Avatar
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Phil View Post
    Some very interesting replies to this thread.

    The overwhelming majority back the seller & say he has done nothing wrong....do you all know him ?

    Some have slated me left right & centre & claim you know what I would have done in different situations....do you know me ?

    Just like the 100 quid, the replies are certainly not worth loosing any sleep over. But it's been a pretty good & worthwhile debate.
    I agree ,no need for any nastiness , to be fair a lot of the comments have not been ,just honest.
    Insanity is doing the same thing, over and over again, but expecting different results.

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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by hillybill View Post
    Accept it Phil you are wrong this time.

    Hell freezing over comes to mind

  16. #76
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    Re: Cultivator bought on e-bay ???

    Why isn't there a popcorn smiley when you need one!

  17. #77
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Phil View Post
    Some very interesting replies to this thread.

    The overwhelming majority back the seller & say he has done nothing wrong....do you all know him ?

    Some have slated me left right & centre & claim you know what I would have done in different situations....do you know me ?

    Just like the 100 quid, the replies are certainly not worth loosing any sleep over. But it's been a pretty good & worthwhile debate.

    So, do we get to know the final outcome? How was all this finally resolved...?


  18. #78
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    Re: Cultivator bought on e-bay ???

    As far as I can figure out, Phil made a bit of a cock-up and Daven ended up being the bad guy.
    Strange place this internet.

    Phil, if you were any closer I would give you a cultivator and the loan of an angle grinder and let you sort one out that suits you.

  19. #79
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    Re: Cultivator bought on e-bay ???

    Whilst we have all jumped to the aid of the Seller,

    I'm Sorry but I actually would stand by the Buyer on this occasion, ONLY because the seller re-listed the item on the basis that he had Accepted the Buyers request for 100 back.

    What the Seller 'SHOULD' have then done is contact the first buyer at the end of the 2nd Auction (as he was effectively selling the first buyers item!!) and asked how to proceed.


    I would get your arse round there and have it out on moral grounds!


    If I email someone and Agree a refund of a particular amount, I would expect it no matter what (Unless I had a subsequent agreement)!

    Dave

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    Re: Cultivator bought on e-bay ???

    In addition to the above, you have to separate the two transactions

    a) the First win, which Phil agreed he was in the wrong and agreed a resolution which by re-listing the item, the seller has by defacto agreed!

    b) the 2nd sale and refund. The Seller has now received a total of 213 minus fees - call it 200 and refunded 58, NOT GOOD Like I said above, get round there face to face explain this and as for the rest of your money on the bases he accepted your offer to refund 100, don't argue about who was wrong in the first instance as you have already accepted that!

  21. #81
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Dave Applesquasher View Post
    and Daven ended up being the bad guy.
    Strange place this internet.
    Usually the case.... I don't sugar coat things....

    Quote Originally Posted by Einstien View Post
    Whilst we have all jumped to the aid of the Seller,

    I'm Sorry but I actually would stand by the Buyer on this occasion, ONLY because the seller re-listed the item on the basis that he had Accepted the Buyers request for 100 back.

    What the Seller 'SHOULD' have then done is contact the first buyer at the end of the 2nd Auction (as he was effectively selling the first buyers item!!) and asked how to proceed.


    I would get your arse round there and have it out on moral grounds!


    If I email someone and Agree a refund of a particular amount, I would expect it no matter what (Unless I had a subsequent agreement)!

    Dave
    Quote Originally Posted by Einstien View Post
    In addition to the above, you have to separate the two transactions

    a) the First win, which Phil agreed he was in the wrong and agreed a resolution which by re-listing the item, the seller has by defacto agreed!

    b) the 2nd sale and refund. The Seller has now received a total of 213 minus fees - call it 200 and refunded 58, NOT GOOD Like I said above, get round there face to face explain this and as for the rest of your money on the bases he accepted your offer to refund 100, don't argue about who was wrong in the first instance as you have already accepted that!
    You must be a foreigner............May as well grab a magazine or two and come on over to the group W bench with me....
    Be your self and speak your mind. Them that matter won't mind and the others don't matter

  22. #82
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    Re: Cultivator bought on e-bay ???

    You are missing the point.

    Phil bought the cultivator.

    Quote: "We won the Auction the following day with a bid of 155.00." So Phil hands the seller 155 as the agreed price and now owns the cultivator.

    Phil then asks the seller to re-list it for him, which he does, so the original seller is now acting as his agent. Phil has re-listed the item through a third party who is, coincidentally, the original seller.

    The cultivator is sold for 58. That is Phil's money as it was his cultivator.

    Two separate transactions. Simple.



    If that isn't clear enough, try this one.
    A buys an item from B.
    A decides he doesn't like the item and ask C to sell it for him.
    It doesn't make as much as he paid for it.
    Does that mean he has a right to claim back the difference from B? Of course not, as it is no longer B's property but his (A's).

    In the case under discussion, B and C are the same person -- but there are two completely separate transactions, two contracts, but on different terms.

    Posted completely dispassionately and with a lot of sympathy for the OP who, unfortunately, is in the wrong on this one. If it is really causing that amount of aggravation, I'd pay a solicitor to explain it as it really isn't that difficult. There are some real beauts in the law of contract which will make your head spin. This isn't one of them!

  23. #83
    Senior Member daven's Avatar
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Dry Rot View Post
    You are missing the point.

    Phil bought the cultivator.

    Quote: "We won the Auction the following day with a bid of 155.00." So Phil hands the seller 155 as the agreed price and now owns the cultivator.

    Phil then asks the seller to re-list it for him, which he does, so the original seller is now acting as his agent. Phil has re-listed the item through a third party who is, coincidentally, the original seller.

    The cultivator is sold for 58. That is Phil's money as it was his cultivator.

    Two separate transactions. Simple.



    If that isn't clear enough, try this one.
    A buys an item from B.
    A decides he doesn't like the item and ask C to sell it for him.
    It doesn't make as much as he paid for it.
    Does that mean he has a right to claim back the difference from B? Of course not, as it is no longer B's property but his (A's).

    In the case under discussion, B and C are the same person -- but there are two completely separate transactions, two contracts, but on different terms.

    Posted completely dispassionately and with a lot of sympathy for the OP who, unfortunately, is in the wrong on this one. If it is really causing that amount of aggravation, I'd pay a solicitor to explain it as it really isn't that difficult. There are some real beauts in the law of contract which will make your head spin. This isn't one of them!
    So.... How's the Quad comin along? Any progress?
    Be your self and speak your mind. Them that matter won't mind and the others don't matter

  24. #84
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    Re: Cultivator bought on e-bay ???

    Fantastic, I pay for a tv licence and get entertained for free on here! Must get back out to work.Think I'll catch the omnibus at the weekend. By the man a drink tonight , bet there are plenty of "forumer's" who will have a quiet smile today

  25. #85
    Senior Member Phil's Avatar
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Selectamatic View Post
    So, do we get to know the final outcome? How was all this finally resolved...?

    What...and spoil a really good viewing alternative to tennis ??

  26. #86
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    Re: Cultivator bought on e-bay ???

    NO YOU are missing the point - In his message there was an offer which was by defacto accepted to return 100. Ergo the seller took the 55 and re-listed under full assumption he was going to return 100

    I would say the seller accepted this by carrying out said action of re-listing!


    Remember Phill asked him to re-list and return 100 simple as.

    Are you lot mad, or is this the way the country's morals have gone!

    Dave








    Quote Originally Posted by Dry Rot View Post
    You are missing the point.




    Phil bought the cultivator.

    Quote: "We won the Auction the following day with a bid of 155.00." So Phil hands the seller 155 as the agreed price and now owns the cultivator.

    Phil then asks the seller to re-list it for him, which he does, so the original seller is now acting as his agent. Phil has re-listed the item through a third party who is, coincidentally, the original seller.

    The cultivator is sold for 58. That is Phil's money as it was his cultivator.

    Two separate transactions. Simple.



    If that isn't clear enough, try this one.
    A buys an item from B.
    A decides he doesn't like the item and ask C to sell it for him.
    It doesn't make as much as he paid for it.
    Does that mean he has a right to claim back the difference from B? Of course not, as it is no longer B's property but his (A's).

    In the case under discussion, B and C are the same person -- but there are two completely separate transactions, two contracts, but on different terms.

    Posted completely dispassionately and with a lot of sympathy for the OP who, unfortunately, is in the wrong on this one. If it is really causing that amount of aggravation, I'd pay a solicitor to explain it as it really isn't that difficult. There are some real beauts in the law of contract which will make your head spin. This isn't one of them!

  27. #87
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Einstien View Post
    NO YOU are missing the point - In his message there was an offer which was by defacto accepted to return 100. Ergo the seller took the 55 and re-listed under full assumption he was going to return 100

    I would say the seller accepted this by carrying out said action of re-listing!


    Remember Phill asked him to re-list and return 100 simple as.

    Are you lot mad, or is this the way the country's morals have gone!

    Dave
    Phil wrote: "Before we bid on it, I had paid in full (via paypal) & asked that he relisted the thing & then, once he had sold it and received cleared funds, refunded at least 100.00 of the 155.00 we had paid him".

    The seller re-listed and sold on Phil's instructions. He cannot "refund" what he did not receive.

    Is this abusive thing catching? I am wondering when I should start calling people mad. Haven't done so yet as I prefer reasoned discussion to hurling insults. I grew out of that a long time ago.

    I see where you are coming from but don't believe you are right. The general consensus seems to be that Phil made a mistake and, in this world, we pay for our own mistakes, not offload them onto others.

  28. #88
    Senior Member Phil's Avatar
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Einstien View Post
    NO YOU are missing the point - In his message there was an offer which was by defacto accepted to return 100. Ergo the seller took the 55 and re-listed under full assumption he was going to return 100

    I would say the seller accepted this by carrying out said action of re-listing!


    Remember Phill asked him to re-list and return 100 simple as.

    Are you lot mad, or is this the way the country's morals have gone!

    Dave

    Dave.

    I suspect some of the people that have commented have done so to have a go at me as we may have "crossed swords" and disagreed about things in the past ?
    Some may have commented in gest (tongue in cheek), because they like a bit of banter & a wind up.

    So I don't honestly think they are mad (well not all of them anyway).

    Most of us would agree that moral standards in society in this country have stooped to an all time low - be it the dreadful language & behaviour we get from some children & youngsters, that appears to be "the norm" these days....to the down right dishonesty of people, some of which that probably don't know/ think they are doing anything wrong!
    I had always thought that this was predominantly a problem in towns & city's, and believed that "countryfolk" were more "old school" and had higher moral standars.
    But Reading some of the replies on this thread really does make you wonder ?

    Anyway, Getting back to the pro's & Con's of buying or selling on e-bay......

    This (as you quite rightly point out) is the important bit -

    ****
    We don,t want your cultivator...so you can relist it or sell it elsewhere.
    We have paid you for your cultivator via paypal....as I am a man of my word & we don't want to loose our 100% feed back or good reputation.
    When you have sold it...we would appreciate a refund of 100.00 (allowing you 55.00 for your trouble & us messing you about)

    Very sorry about this.

    Kind Regards.

    Phil


    So the facts are - 1. The item was won on the 02nd June & paid for within 4 days on the 06th June !
    2. On the 06th June We notified the seller that we had paid& told him that we had made a mistake & we did not want the item !

    3. We asked him to relist it and then, once sold, to refund us 100.00. We appologised for messing him about !
    4. We did not get a reply to that message...but noticed that the item was re-listed (only for 6 days) on the 9th June.
    5. The item sold for 58.00 on the 16th June.
    6. We had not heard anything from him by the 23rd June (over a week)...so we sent him a message asking for the 100 refund that we had agreed !



  29. #89
    Senior Member Phil's Avatar
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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Dry Rot View Post
    Phil wrote: "Before we bid on it, I had paid in full (via paypal) & asked that he relisted the thing & then, once he had sold it and received cleared funds, refunded at least 100.00 of the 155.00 we had paid him".

    The seller re-listed and sold on Phil's instructions. He cannot "refund" what he did not receive.

    Is this abusive thing catching? I am wondering when I should start calling people mad. Haven't done so yet as I prefer reasoned discussion to hurling insults. I grew out of that a long time ago.

    I see where you are coming from but don't believe you are right. The general consensus seems to be that Phil made a mistake and, in this world, we pay for our own mistakes, not offload them onto others.
    Dry Rot.

    You like to give everyone the impression that you are "well up to speed" on issues about the Laws of contract etc, and probably like to think that you are an authority on a lot of things !

    Are you as familiar with the laws of libel ???
    In the post above you have written "Phil wrote:" and then put what you claim that I wrote in inverted comma's (quote/speech marks) !

    This is what I actually said - "I immediately e-mailed the guy & told him that the cultivator was too big for what we wanted, but as it was partly my own stupid fault for not asking about the size Before we bid on it, I had paid in full (via paypal) & asked that he relisted the thing & then, once he had sold it and received cleared funds, refunded at least 100.00 of the 155.00 we had paid him".

    How on earth can you pay for something before you have Bid on it?
    If you are going to quote someone then quote the whole sentence or paragraph !!!



    Oh, and if I was going to offload my mistake on to someone else...I would not have paid for the cultivator after finding out that I had made a cock-up by not asking about its size !!

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    Re: Cultivator bought on e-bay ???

    Quote Originally Posted by Phil View Post
    Dave.

    I suspect some of the people that have commented have done so to have a go at me as we may have "crossed swords" and disagreed about things in the past ?
    Yes, that's sure to be it, not one of the 30 odd people who said exactly the same thing re this matter have formed an objective view based on the evidence provided, they're all being deliberately obtuse just to wind you up. It's the only possible explanation.

    Some may have commented in gest (tongue in cheek), because they like a bit of banter & a wind up.

    So I don't honestly think they are mad (well not all of them anyway).

    Most of us would agree that moral standards in society in this country have stooped to an all time low - be it the dreadful language & behaviour we get from some children & youngsters, that appears to be "the norm" these days....to the down right dishonesty of people, some of which that probably don't know/ think they are doing anything wrong!
    I had always thought that this was predominantly a problem in towns & city's, and believed that "countryfolk" were more "old school" and had higher moral standars.
    But Reading some of the replies on this thread really does make you wonder ?
    The country is clearly going to Hell in a handbasket, i hear there are even people who try to back out of their contractual obligations and then expect others to stand the loss from their mistakes, can you believe it?

    Anyway, Getting back to the pro's & Con's of buying or selling on e-bay......

    This (as you quite rightly point out) is the important bit -

    ****
    We don,t want your cultivator...so you can relist it or sell it elsewhere.
    We have paid you for your cultivator via paypal....as I am a man of my word & we don't want to loose our 100% feed back or good reputation.
    When you have sold it...we would appreciate a refund of 100.00 (allowing you 55.00 for your trouble & us messing you about)

    Very sorry about this.

    Kind Regards.

    Phil


    So the facts are - 1. The item was won on the 02nd June & paid for within 4 days on the 06th June !
    2. On the 06th June We notified the seller that we had paid& told him that we had made a mistake & we did not want the item !

    3. We asked him to relist it and then, once sold, to refund us 100.00. We appologised for messing him about !
    4. We did not get a reply to that message...but noticed that the item was re-listed (only for 6 days) on the 9th June.
    5. The item sold for 58.00 on the 16th June.
    6. We had not heard anything from him by the 23rd June (over a week)...so we sent him a message asking for the 100 refund that we had agreed !

    You bought the item, and in doing so entered into a binding contract with the seller. Now the seller could have decided out of the kindness of his heart to give you a full refund, or split the difference with you on the re sale, but he was under no legal or moral obligation to do so. the mistake was yours and yours only, quite why you expect someone else to lose out because you made a mistake is a little beyond me. If you're so concerned about declining morals in society, I would suggest you set us all an example and take full responsibility for your own actions.

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