has anyone ever taken some one to small claims for failing to pay for an item.?

[kyogleboy]

i have a winning bidder hwo has failed to contact me or pay i am annoyed because it was very clear in the instructions ..i waas wondering if anyone has ever taken a bidder to small claims 

[clarry100]

Not worth the trouble. Just use the systems already in place.

After 4-days raise an unpaid item case.

After another 4-days it will close and you will get your FVF back.

Then re-list the item (or offer a 2nd chance offer if you have the option) and forget it ever happened.

Block the buyer, if you wish, so they cannot do it again.

Low stress and easy, if a little bit annoying.

[*crikey*mate*]

I haven't personally, but there are many, many cases where people have from both sides of the fence (non senders and non payers)

[davewil1964]

I think you would be pushing it.

i believe you would have to prove economic loss. Not opportunity cost. As eBay will refund the sale fees if you go through the correct procedures, and you still have the item, your loss would be limited to listing fee.

[zelly888]

Well if was a buyer and I paid and you were the non sender then yes I would come after you,but if I was the seller and you were the buyer and you didn't pay then no I wouldn't.I would do exactly as clarry100 has said.

[phorum_junkie*]

And your financial loss is?

That is all you can claim for so that would be your listing fee if you paid one and perhaps the 2 to 3 minutes of your time it took to open and close the unpaid item dispute.

[*crikey*mate*]

you can ask the Court to have a legally formed contract enforced.

The purpose of Contract Law is to have both parties put into the same position as if the contract had been performed according to the agreed upon terms and conditions of the contract at the time of formation. Damages are awarded to place the non defaulting party into the position that they would have been in if the contract had been performed.

If a buyer wins an auction or buys an item (BIN) They have entered a legally binding contract, (acknowledging exceptions such as drunkards, mentally impaired or other persons unable to enter into a contract ion the first place) just as the seller has and both parties have the right to have that contract enforced.

Once a party has breached a contract (ie by non performance), a non defaulting party has the choice of continuing with the contract or terminating it. If the non perfforming party chooses to continue with the contract, they can claim damages.

[zelly888]

What contract? no one has signed a contract,what law? how can you get blood out of a stone? well you can't so if a buyer wishes not to proceed with a purchase then that is their decision,no law will ever change that.

[thecatspjs]

Everytime a buyer presses a buy-it-now or wins an auction a legally enforceable sales contract is formed between a buyer and a seller. 

Thousands of civil matters between consumers and traders to seek enforcement of sales contracts (including eBay and other online sales) are heard in administrative tribunals across the country every year.  For payment, for possession and for enforcment of other contract conditions and/or associated compensation.

In many of these cases it usually depends what the stakes were, and where the sale involved goods of "some" value.  However there are those that may  simply pursue these matters for goods of lower or little monetary value on the basis of "principle" alone.

Whilst you may not be able to get blood out of a stone you can sure as heck get a judgement in your favour as a buyer or a trader and dosh aside, be likely to cause the other party to have a little to a lot of regret the day they listed an item at a value less than they were really willing to accept, or bid for the heck of it with no intention of paying.

[zelly888]

What regret? and you know that alot of bidders bid for the heck of it with no intentions to pay,so why would they do this if there was a chance they would be taken to court? because they know that it won't happen and if it did what would the outcome be? they would only get their fees back as the seller hasn't lost anything but their fees and Ebay refunds the fees once a claim is put through and the buyer doesn't pay.So in theory yes you can sue but it isn't practical to do it because it won't be worth it.