What can I do about a non-paying eBay buyer?

Question

I sold an item at the end of November on a buy it now basis, the buyer emailed me and said they would pay cash on collection which was ok with me. I stated in the auction that due to the size and nature of the item it was pick up only, unfortunately a couple of days after the auction ended the weather became terrible and the buyer was unable to travel to collect it. She contacted me 3 times over the telephone, the last time being 3 weeks ago and at that point she said she would collect the item today (as it was just before Christmas I said that would be ok). She also offered to send a cheque to pay for the item, I declined this as the postal service was in a mess due to the weather and I didn't want the cheque taking weeks to get here and her arriving to pick the item up before it had cleared. Anyway, today has come and nearly gone, I have emailed her twice and have heard nothing from her. I can't raise a dispute on eBay as too much time has elapsed since the auction ended, I have paid £11 in eBay fees and haven't actually sold the item. Can I take this woman to the small claims court? Can I make her pay for the item she bought?

Answer 1

You should alway file a complaint with ebay. They will work it out or get you the money in fees back. Never let it go that long.



You will never see a dime from her. Move on, and sell it again.

Answer 2

No, you can't make her pay.



It won't be worth you making a "small claim" because, if your final value fee was £11, the item would have made around £110 - it's going to cost you around £30 to file the claim, then you'll have to travel to the hearing (which will be held near the person you're claiming against), etc, etc, etc. Even if the judgement is made for you, you might never see penny of the award, so you'll only be throwing more money away.



If you only emailed her today, you might be a bit hasty in expecting a response? If you still don't get a reply in a day or two, can you try ringing her? You could try telling her that you've incurred the fee - if she doesn't sell on eBay herself, the chances are she doesn't ralise that - and ask her if she'll reimburse you. It sounds as though communication has been fine so far so you've nothing to lose by asking her.

Answer 3

A waste of time. First of all you have to pay the court fee's up front. You could have to wait many weeks for the hearing. You need to prove an actual loss (you still have the item so your loss is only £11). Breach of contract? They will award you just what you lost and with no guarantee of costs as they could well feel that you were wasting the courts time.

Answer 4

While you can take her to small claims court, 11 in fees means the item wasn't worth that much.



For a non-paying bidder, you have a limited number of days to file--I think it is 45 days, but you can check to be sure--so it's getting rather close to file to get your fee back.



You have to be ruthless when filing the unpaid item dispute, do not click mutually agreed to cancel. That version requires the buyer to confirm that the sale didn't go thru. If they forget to reply, you still don't get the money.

Answer 5

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