Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

2 weeks ago I sold a couple of items that had a postage option or a pick up for local buyers.  I work full time and have 2 children who I have to drive to school and various sporting events.  In my description I stated that pick up times would be restricted becasue I can't always be home.  Most buyers who have pick up have been fantastic and were able to give me a time for collection when I given them my availablity.  The buyer I'm having difficulty with said that her life revolves around her children and as such I should be more considerate and wait for her to collect when it is best suited to her.  The first weekend after the sale she sent a message to say that she was going to pick up on the Saturday afternoon or evening.  I originally had plans and said that I was happy to cancel them if it would make her life easier.  I then received a message saying that she would text when she was on her way.  Saturday afternoon and evening passed, I never heard from the buyer.  I also gave her a Sunday morning option to pick up before 9:30am or after 1:30pm.  I work full time and need to do the grocery shopping over the weekend.  Again I never heard from the buyer.  On Monday I received a phone call from her saying that she was coming over to pick the items up.  I apologised to her said that it would not be possible at the current time becasue I was at work and 45 minute drive away from home.  Please note that the buyer lives in the next suberb to me and at most it is 10 minute drive for her.  I then later sent her a messaage to give her some week day mornings and afternoon times for pick up.  Her response was I will call when I'm coming. This has been difficult for me as I have had to commit to being at home for her to come.  On the Friday of the following week she had arranged to pick up at 3:45pm  This was okay and I had said to her as long as it was before 5pm I would be home.  After 6pm I received a message from her saying that she had a headache and wasn't coming for pick up.  She wanted to come over the weekend.  Again I had no response from her.  I really want to cancel the transaction as it is time consuming planning home avaliablity times and commiting to being at home for her not to show.  I am trying to have a clear out before Christmas and items she is picking up are quite bulky.  Am I in the wrong here?  I feel as though I'm the one making all the effort to meet her needs.  I don't really like the pick up option and I only do it as a favour to buyers.  Can I try and cancel the transaction and say that pick up is no longer an option for her?  Is she allowed to leave negative feedback if I say pick up is now no longer an option?  Thank you for your thoughts and ideas 🙂

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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@bjmonty28 wrote:

Very true words there " SELL, PAY, POST or COLLECT ".

Nowhere in the eBay terms have I read that it is the buyers property just for clicking on a bid button on the internet. well that is only one element of the contract, but eBay do advise you that by bidding you are potentially entering a legally binding contract by placing a bis as a bid is your offer and your consideration. The contract however is not finalized until the auction ends and acceptance has happened. eBay don't have to tell you because it is THE LAW.

So if one bids ona lamborghini and wins it at auction can he pick it up straight away ( with police present )? and then the seller can go through the " legal process " yes, if they were the terms of the contract.

 

P.S. not bidding on that $400 000 lambo yet, lol.


 


Some people can go their whole lives and never really live for a single minute.
Message 21 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@beautbots01 wrote:

I think it is your turn to be UNAVAILABLE for her to pick up.  At least for the next four days.


I nearly kudoed that, however I cannot condone anyone advising someone to break the law. The Sale of Goods Act does stipulate that the goods have to be available for collection, so to impede collection in such a manner would be in breach of the law. The seller would have to show reasonable availability, especially after forcing the issue with what amounts to a legal action (The UID).

 

At best, the buyer will be able to ring eBay and say "I tried to pay, but the seller wouldn't let me" and their strike will be removed if they can prove this.

 

worst case scenario, despite their previous behaviour, they can now seek legal action against the seller for obstruction.

 

In saying that, if the seller is aware of their obligations and can make an informed decision...... shuffle.gif

 

but one should never suggest or encourage another person to break the law.


Some people can go their whole lives and never really live for a single minute.
Message 22 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

the auctioneers have not left any loopholes, (BTW, eBay say in their T&C that they are not auctioneers) they are applying the law of contract.

 

 

That's your opinion, I think they are too lenient and leave loopholes for Buyers.   A lot of legal red tape can be avoided if Buyer's with UNPAID ITEM strikes were exposed, made an example of , having it displayed in their user profiles.  I cannot keep doing business with retailers if I have a bad credit record, ie bad credit card debt.   I have to make good the debt and clear my name before I can continue doing business, eBay Buyers with too many unpaid item strikes just have to wait a month.   

 

 

Ownership may pass on the basis on a contract being formed but technically the Item is being held in reserve until  payment is received, if not ownership passes back to the seller, so technically it is not sold permanently until  payment is received.

 

 

 

 

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Message 23 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

I shouldn't have to deliver! Nowhere in my description did I state that I offer a delivery service! Also I shouldn't have to leave goods out the front and have money left in my letter box. The buyer has a postage option and I am more than happy to post the items to her.  The pick up is a favour to her and I shouldn't have to keep sending availablity times for her to think about and pop around when she wants.  10 minutes notice is not good enough!  I have given this buyer a whole weekend (less 4 hours) 1/2 days morning and afternoons in the week for her to say I come on a particularf time and not show!  I just want to be free from her and not have my life revolve around her avaliability.

Message 24 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

Also I shouldn't have to leave goods out the front and have money left in my letter box.

 

 

I would not risk that, I've heard of a case where the Seller found the goods collected but no money in the letter box, the Buyer just kept on claiming they left the money in the letter box.   

 

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Message 25 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

I just want to be free from her and not have my life revolve around her avaliability.

 

 

You bring back such "fond" memories, I know exactly how you feel, being held to ransom for your own goods.  AHHHHH!!!!!!

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Message 26 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@zigzagdot wrote:

the auctioneers have not left any loopholes, (BTW, eBay say in their T&C that they are not auctioneers) they are applying the law of contract.

 

 

That's your opinion, No it isn't. The former is the law, the latter is in the terms and conditions which you read when you joined..  I think it's best you stop, although you are entitled to YOUR opinion, but this does not make it correct they are too lenient and leave loopholes for Buyers. People who do not use the recommended procedures leave loopholes for buyers, not eBay  eBay do nothing but provide you with a platform on which to trade, how you conduct your business is up to you within the boundaries of the law and the T&C of the contract which you agrred to upon joining eBay  A lot of legal red tape can be avoided if Buyer's with UNPAID ITEM strikes were exposed, made an example of , having it displayed in their user profiles.  I cannot keep doing business with retailers if I have a bad credit record, ie bad credit card debt.   I have to make good the debt and clear my name before I can continue doing yes, so implement the strikes and your buyer blocks business, eBay Buyers with too many unpaid item strikes just have to wait a month.   

 

with 2 strikes, you can choose to make them wait a whole year! How good is that, eh?

 

 

Ownership may pass on the basis on a contract being formed but technically the Item is being held in reserve until  payment is received, Not in the case of an online auction it's not, there are no technicalities about it. The law is quite clear about this. if not ownership passes back to the seller, once the contract has been voided so technically it is not sold permanently until  payment is received. ahhh, so you have had the legislation surrounding contract formation changed, have you? You have changed the law?

 

*looks impressed*

 

so glad you told me! Next time I go to court I'm just gonna cite zigzagdot's law as the credible law of reference - or better still, maybe I can just make it up as I go along too, just so it suits me, ya know?

 

woo hoo.gif

 

 

 

 

 

 


 


Some people can go their whole lives and never really live for a single minute.
Message 27 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@millyswardrobe5 wrote:

I shouldn't have to deliver! Nowhere in my description did I state that I offer a delivery service! Also I shouldn't have to leave goods out the front and have money left in my letter box. The buyer has a postage option and I am more than happy to post the items to her.  The pick up is a favour to her and I shouldn't have to keep sending availablity times for her to think about and pop around when she wants.  10 minutes notice is not good enough!  I have given this buyer a whole weekend (less 4 hours) 1/2 days morning and afternoons in the week for her to say I come on a particularf time and not show!  I just want to be free from her and not have my life revolve around her avaliability.


LOL, I think PJ was only a little serious about the delivery option.

 

open up an UID. If she contacts you, give her 3 or 4 times suitable to you within the 4 day time frame whatever is left on the UID when she contacts you. (less if it is near the end of the 4 days)

 

stand your ground that it is in 4 days or never, then in 4 days close your case, get your FVF's, block her, relist and move on.

 

it's that easy and will be all over in 4 days.

 

go ooorn, get goin and open the dispute! By Monday you will either have your money or be clear to relist, AND they won't be able to leave you bad feedback if they don't pay. If they pay by PayPal, leave the postage there and then post it to them.

 

(NB it is 4 days as you have passed the 4 days required before you are allowed to open the dispute. It is only 8 days minimum from date of purchase)


Some people can go their whole lives and never really live for a single minute.
Message 28 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@zigzagdot wrote:

Also I shouldn't have to leave goods out the front and have money left in my letter box.

 

 

I would not risk that, I've heard of a case where the Seller found the goods collected but no money in the letter box, the Buyer just kept on claiming they left the money in the letter box.   

 


there is another one on the boards atm where the bunks are gone but the buyer claims to not have collected them. i.e someone stole them *wink wink*


Some people can go their whole lives and never really live for a single minute.
Message 29 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

Sounds good, although I am working the next 4 days!

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