I tried to end an item early but could not even though it had more then 12 hours to run

[rgherron]

I tried to end an item early but could not even though it had more then 12 hours to run . I have had to do this before . I have a pawn shop and this happens not unfrequently often because owners of items redeem them at the last minute . I have not had trouble doing this before . Am I doing something wrong or has eBay changed its policy to make this difficult for sellers to withdraw items  ?  

[davewil1964]

Honestly? With your experience on these boards?

I know you've been away for a while, but did you seriously reckon that somebody caught would not blame the messenger, rather than comply with legislation? Or at least provide links to the relevant legislation to back their POV, which the OP has conspiciously not done, but as a pawnbroker would undoubtedly have at their fingertips?

[cq_tech]

Dave, I was kind of hoping that the OP would have corrected any misapprehensions I may have had in my understanding of the pawnbroking laws instead of resorting to an ad hominem attack, but it really doesn't matter any more as I've since obtained a copy of The Second-hand Dealers and Pawnbrokers Act 2003 (current as at 30 January 2012), and it seems that my initial understanding wasn't quite as far off the mark as the OP would have us believe.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SecondDealA03.pdf allows you to download your own copy of The Second-hand Dealers and Pawnbrokers Act 2003, and I suggest you pay particular attention to Sections 60 to 64 inclusive. Makes a very interesting read.

[thecatspjs]

Hint I think OP is in NSW.

[cq_tech]

If he's in NSW that makes it even more straightforward, as although the Acts are fairly similar between states, I draw particular attention to the following Sections 30 and 32 of the Act.

If anybody cares to check, the URL is http://www.austlii.edu.au/au/legis/nsw/consol_act/pasda1996302/

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 (as at 3 April, 2013)

Section 30

Sale of unredeemed goods

  30  Saleof unredeemed goods

(1) If pawned goods have not been redeemed at the end of the redemption period and the principal lent on the goods was greater than the amount prescribed by the regulations, the pawnbroker must, as soon as reasonably practicable, sell the goods in a manner conducive to securing the best price reasonably obtainable, either:

(a) by sale by auction at any premises, or

(b) by sale by auction or otherwise at business premises of the pawnbroker.

Maximum penalty: 50 penalty units.

(2) If the goods are sold at auction and the person to whom the goods are sold does not pay the whole of the purchase price for those goods in accordance with the contract governing the sale at auction, the sale is taken to be void and the title to the goods is taken not to have passed.

(3) If subsection (2) applies, the pawnbroker must, as soon as reasonably practicable, sell the goods in a manner conducive to securing the best price reasonably obtainable, either:

(a) by sale by auction at any premises, or

(b) by sale at business premises of the pawnbroker.

Maximum penalty: 50 penalty units.

(4) If in proceedings a question arises as to whether the pawnbroker has complied with subsection (1) or (3), the onus of proving compliance is on the pawnbroker.

(5) Nothing in this section prevents redemption of the goods under section 29 after expiry of the redemption period, and the pawnbroker is not guilty of an offence under this section if the goods are so redeemed.

Section 32

Pawnbroker not to purchase pawned goods

  32  Pawnbroker not to purchase pawnedgoods

(1) Neither a pawnbroker nor an employee or person acting on behalf of a pawnbroker is permitted to buy goods that have been pawned to and are being sold by the pawnbroker.

(2) In the case of a corporate pawnbroker, subsection (1) extends to apply to every director of the pawnbroker, as well as to the pawnbroker, its employees and persons acting on its behalf.

(3) The title conveyed by a sale in contravention of this section is not valid against the owner of the article.

(4) If a person purports to purchase an article in contravention of this section, the pawnbroker to whom the goods were pledged, and that person, are each guilty of an offence.

Maximum penalty: 50 penalty units.

[thecatspjs]

I am unclear of the points you are trying make.

Similar to Vic, there is a provision for auctions and it does not have advertising requirements.

[thecatspjs]

---

@cq_tech wrote:

Now unless the law has changed, this means that the only way a pawnbroker can legally sell items pledged through his own pawnshop is to have purchased them himself at public auction. He can NOT just sell something he took as a pledge because the time limit for redemption has expired, and the law is very specific here as it is designed to protect people from being ripped off by unscrupulous pawnbrokers (of which there are many).

---

The Act permits the pawnbroker to sell the goods if they have not been redeemed in accordance with the timeframe provided by the Act.

Your post in relation to ownership is above. However, as you have now noted, that the Act indicates that it is illegal for the pawnbroker to "purchase" the goods and that they must be sold at their premises or by auction. 

[cq_tech]

So in the 4 minutes it took you to reply, you read the Act, did you?

It's clear to me that you're not interested in facts, only arguing, in which case I've said all I need to say.

You and the others can decide for yourselves if everything the OP stated has been above board.

I'm just no longer interested.

[thecatspjs]

As I said in an earlier post I am familar with Victorias Act due to the type of trading I do. 

I looked over NSW and SA Acts when I read the accusations against the OP in earlier posts, and noted some differences between the various Acts with what I already knew, but also considered them to be fairly similar.

TBH I did not look at Queensland Act and was quite surprised at your recent posts, to see retention of clauses that retain strict public auction site with advertisement requirements, that a number of other states have not retained.

I was wrong in relation to some comments in my posts, as I assumed there would be a level of national consistency.

[rgherron]

Thanks again for your support in this thecatspjs. of course everything I was doing was entirely above board both ethically and legally . My one mistake was perhaps using the phrase the owner came back wanting the goods "at the last minute". I meant in relation to the auction not the pledge . In fact I always wait several weeks after the expiry date of the pledge before putting the items to auction . I thought I had explained this in the followup but obviously I was not clear enough. 

Now it seems that despite no one even bothering to answer my simple question I am to blame for failing to explain in detail the relevant provisions of the pawnbrokers act. Never mind eh? 

[cq_tech]

Well rgherron, I'm sorry you didn't get the answer you were looking for, but if it's any consolation, neither did we. You clearly avoided perfectly legitimate questions put to you by myself and others, and seemingly ignored anybody whose questions you didn't particularly like, so I'm not at all surprised that your question remains unanswered.