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Posted by Andy F Batter on 05/24/18 11:34
"Mr Wiffy" <nospamthanks@spamfree.com> wrote in message
> I would politely point out that he knew full well what he was getting into
> in advance, and there was always a good chance he would lose. He cant say
> that he cannot afford to be without the money - He should have thought
> about
> that before he gambled it. Arsehole!!
Yeah, but he contacted Paypal, and they immediately took 60 from my
account. Their resolution centre is completely biased against the merchant.
I had no way of putting my side of the story across. My options were to
either provide courier tracking information, or to agree to refund his
payment. I did print off 6 tickets with an enclosed note saying "Sorry.
You're a loser", and planned to send them to him recorded delivery so I had
something to put on Paypal's resolution form. Knowing Paypal would still go
against me, I instead emailed him the following... Thankfully he didn't
realise the legal waffle was a bluff, and he accepted a partial refund.
===========
I've just got the blurb from Paypal which states you're seeking a refund.
To be honest I am very dismayed as to why you think the item was
misrepresented, it clearly wasn't..
Facts:
1) The item was not misrepresented in any way. You know that.
2) You did not bid on false pretences. You know that.
3) You'd not be in such a hurry to get a refund had you bought the first 10
tickets. We both know that.
You strike me a person who's trying to have their cake and eat it. My
auction was a bit of fun, everybody who participated aside from you seemed
to enjoy it, and went into it with their eyes open knowing what their
chances were. I was fully prepared to take a near full loss on the Xbox
had things not gone my way, and had took on the biggest risk out of anyone.
This is not about money, it's about principle. If truth be told I'm not
bothered about 60. I am just so disappointed in you,. You made a
commitment which you're happy to weasel out of. That's pretty
scummy behaviour in my book.
Despite all that, I am still grateful to you for making an initial bid which
got everything going. So here's what I propose... I am prepared to refund
you 30, not because the item was misrepresented, but as a gesture of
seasonal goodwill. This you can graciously accept, or:
Alternatively...
You can continue pursuing your claim with Paypal. This I expect you will
win, because having been in business for as long as I have, I've learned to
my cost that even in 50/50 scenarios the consumer often tends to beat the
merchant where credit card payments are concerned. Should you get your
refund, please be aware that this won't be the end of it though. My next
move would be to put the matter into the hands of my solicitor with the
instruction to pursue through the courts for reimbursement re breach of
contract, plus costs of course. This you're far less likely to win. I have
the auction paged cached on my pc which clearly shows there is no
misrepresentation as you state. I have statements from many of the other
losing bidders, many of which left me positive feedback. I also have a
Mr Keith Duckers who will receive his Xbox today and prove that I
fulfilled all of my obligations.
The auction may not be a type which ebay supports, but a binding contract
was still formed the moment you pressed that Buy It Now button.
Tread carefully my friend, it could cost you thousands.
Your call.
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