Will this come to anything? (Ebay related)

  bmzr 20:14 26 Nov 2005

I found an online gaming account on EBay for a game that I play which was very good, so I rushed into buying it without noticing that both in the description, and the payment information the seller has said the following:

"The Username to the account will be sent to the winning bidder when payment has been received"

"The bidder is not bidding on the ownership of the account, as this will always remain the property of JageX. The winning bidder is essentially bidding on a joke which will be received via e-mail. The Username to this account is a free gift from me to the winner."

Does this mean that he is right, as he has described in the item description and payment information that it is only the Username for sale?

I also had to pay directly through Paypal after some problems with account verification, and the bottom line is there is no record of me paying for this item, as we had to negotiate a price higher than what I won it for. Therefore I sent the money to his account, but did not use the Ebay Item subject. Does this mean that I have no proof that I sent him the money for this item, mainly because he could claim the money was sent as a gift, and that what I sent was higher than the winning bid, I cannot prove that I sent him the money.

Is there anything I can do, or is this my own doing for not properly reading the description? Or is there hope and can I get a refund for either the winning bid, or the entire amount of money I sent him?

I really don't think Ebay or Paypal will refund me, seeing as the max amount they refund is around £120, and the item went ultimately for £450, although the Auction finished at £50 and is on record for £50. The reason i don't think i will be refunded is because after look at it, the sellers sent me the item as he described, which was "the username will be sent to the winning bidder once payment is received"

Will a county court claim work, or am I going to have to put this down to bad experience?

  SG Atlantis 21:00 26 Nov 2005

If the auction finished at £50 why did you agree to pay £450? If I understand you correctly.

You have no need to pay anything more than what the auction finished at, unless there is a reserve price that wasn't met. In which case you wouldn't have won as the item would be classed "as unsold".

  sattman 21:20 26 Nov 2005

I am not able to comment on what your situation is because I realy do not fully understand it however
as you state quote "I also had to pay directly through Paypal"

Paypal and consequently Ebay (now part of Paypal) will have a record as they have transferred your payment to the other parties account.

  bmzr 22:15 26 Nov 2005

Sorry if I wasn't clear.

Basically, the seller who is selling the account had it on auction before. The winning bidder did not pay him and so he was going to put it back up for auction.

I contacted him and told him that I was interested and willing to pay £450 for it. He then tried putting it up but there was a problem with something in the process, and so he could only put it on Buy It now for £50, and that I should send the rest of the money DIRECTLY THROUGH PAYPAL (by entering his e-mail address in the send money option on the paypal website)

So thinking about it, there isn't actually any recognition that I have bought the item as I didn't actually pay from Ebay if you understand me. I just went onto my Paypal account, entered his email address where it is asked for, and sent £100, followed by the £350 extra once my account was verrified.

I feel really stupid now, I didn't actually use the item number in the subject field when sending the money, I just put "other".

Does this mean I am screwed on both points, these being:

1) He did actually say he was only sending the username toe the winning bidder. He said this twice in the description, which I didn't read as I was excited about buying the account.

2) I have no proof that the money that I sent HIM was for the Ebay Item.

So is that it? I've phoned him and asked for a refund by monday, otherwise I will go through a county court claim as a scare tactic. If he doesn't refund, will I have a leg to stand on?

Please ask for me to clarify anything not understood, I really need this sorting by Sunday night.

  rdave13 22:53 26 Nov 2005

I strongly believe you must put this down to a bad experience.

An expensive lesson learnt.

Well worth the money :(

  HXP 23:06 26 Nov 2005

Put in a complaint to EBAY anyway as you have nothing to use - contact your credit card company the you use for the paypal account & explain what happened and finally give your trading standards a ring for any advice they might have.
Contact the gaming site concerned 7 advise them of the user's actions.

I am not a lawyer but everyone is protected from ' unfair contracts '.

Personally I think you have been conned which I am sorry about but try the above although I don't hold much hope at least it is a start.

  sattman 23:08 26 Nov 2005

I am afraid it does not look good for you, I really do commiserate with you and you dont need anyone to remind you how a foolish mistake has become an expensive one. I am not a lawyer but on the facts you report I dont see any case to believe that the sellar did anything untoward what was on offer was clear. the best you can hope is that the sellar has some conscience and reimburses all or part of your money.

You could go to citizens advice and have free 30 min session with solicitor to advise you on your rights if any

Alternatively you could get a set of claim forms from you Local County Court and draft a claim, send a copy to the sellar advising that unless he reimburses your money you will lodge the attached claim through the small claims court.

  bmzr 23:17 26 Nov 2005

It doesn't look good does it. I'll give it a shot with the suggestions you made and I'll give him another call. A bit more "persuasion" with threats of legal action may sway him to cough up, seeing as I believe he is under 18.

The only problem I have with going to a County Court is that they would possibly see it in his favour as even though it is a con, he did send exactly what was said in the description.

Back to the drawing board.. an expensive lesson learnt.

  spuds 23:32 26 Nov 2005

You will not get much help or support from either eBay or PayPal, as you have not complied to their rules, terms and conditions.But having said that, it could be worth sending an email, and see what they say.Nothing ventured, nothing gained as the saying goe's.

If I understand what you are stating, then you were sold a 'loan' of a username. That's basically it. I cannot see how you can take court action, unless you can prove without doubt that fraud as been committed.But stating on the fact given, it appears that you were forewarned of the actual offer, so no offence as been committed.

If you go into your PayPal account, it should show you what transactions have taken place. The same thing applies to Ebay, if you have the reference number to the item.All records are available.

I had a similar case a few months ago, when I made a bid for an item. My bid was the highest, but it did not reach the reserve price.Out of curiosity I emailed the seller and asked whether they were going to relist the item, and what would the reserve be. The seller answered my questions, and I left it at that. eBay notified me that the item was available as a 'Buy Now', so I made a bid and won the item.Seller then informed me that they had made a mistake, and the price was much higher. This left me in a situation of perhaps considering paying the higher price. Insisting that we had a legal contract, and it was their duty to supply the item. Reporting the matter to eBay, or forgetting all about it. I chose the easy way, and forgot all about it, just putting it down to another eBay experience.

  spuds 23:40 26 Nov 2005

"seeing as I believe he is under 18",that in itself is a case of reporting it to eBay and PayPal, due to the fact he is a minor.

  Forum Editor 23:55 26 Nov 2005

to salvage something from a disaster like this, but in truth I doubt that you have much chance of success. I'm sure you don't need me to tell you that you broke all the golden rules of online auction participation, and you've paid a pretty steep price.

I sincerely hope you get somewhere with Ebay but as far as I can see there has been no offence committed by the seller - you were clearly warned about what it was you bid for, and the fact that you voluntarily entered into this dubious financial arrangement with a complete stranger is really nobody's fault but yours.

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