Posted by RCE Defiant on 09/22/87 11:35

"Andy F Batter" <uknewsgroups@gmail.com> wrote in message
news:1cydndC075WsCz3enZ2dnUVZ8qadnZ2d@pipex.net...
>
> "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.
>
>

I'd be feeling the Carrie rage coming on if I'd had to deal with a piece of
shit like that. It's a shame people are out there to get whatever they can
off whoever they can and can't take the rough with the smooth.

Anyone know of any mis-priced digital cameras knocking about?

--
RCE Defiant

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