Bad seller on eBay - Page 1
Forum section: electronics / general

author: at_sr
author_rank: Newbie
timestamp: June 02, 2022, 04:55:35 pm
content: Seller "Testequipment" on eBay canceled my order for a Megger DCM305E Earth Leakage Clamp Meter after my complain about two months delay for the item they list as a " last one available in stock". I can't find a way to leave a feed back for canceled item on . Unfortunately 5 to 6 negative feedbacks they have got just for the last month didn't alarm me. Seller's site is still showing 10 sold ( actually now 11-including my returned one ). I just want to warn others do not deal with this seller.

author: james_s
author_rank: Super Contributor
timestamp: June 02, 2022, 04:58:25 pm
content: Maybe they thought they had one in stock and didn't? They canceled the sale and presumably refunded your money so I'm not sure what the problem is?

author: at_sr
author_rank: Newbie
timestamp: June 02, 2022, 05:08:38 pm
content: They were showing same thing and after sending message to me that they expecting item from manufacturer in August.

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 02, 2022, 05:11:19 pm
content: Quote from: at_sr on June 02, 2022, 04:55:35 pmAre you saying you waited 2 months for them to deliver an item before filing an item not received case?QuoteYou can't on the mobile app. You can on web version. Cancelled items are at the bottom of your "purchased items" page. There will be a feedback link. Whether negative feedback is warranted is unclear (above).

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 02, 2022, 05:12:39 pm
content: Quote from: at_sr on June 02, 2022, 05:08:38 pmTake a step back. Be more expansive on what happened. You're not charged by the word here ;-)Also, there is an existing sticky thread at the top of this forum for stuff like this; "The Bad Shopping Experience Thread". There is no need to start a whole new thread. I'll ask the mods to move this.

author: PlainName
author_rank: Super Contributor
timestamp: June 02, 2022, 05:14:16 pm
content: QuoteBreach of contract? Once you pay and that payment is accepted, the vendor has to deliver; he cannot just go 'oops' and move on.I've been in this situation with a store that sold me an item (shop soiled, reduced to £200 or so) and took my money plus delivery charge. Turned out another salesman sold it to someone else at the same time, so I was shit out of luck. Or so they thought. I was incensed enough to demand they make good and when they wouldn't I bought the same item from somewhere else, brand new, at around £600 then took them to court for the cost of doing that. 99% of people threatening to do that don't go through with it, or get fobbed off en route, but I stuck with it and the day before the case was due to be heard they caved completely, paying my costs on top.Ebay is different in that you are normally buying from a fellow consumer, so many of the rules don't apply. But it sounds like this vendor is a business and they can't use Ebay to circumvent the legal requirements of businesses selling to consumers.

author: james_s
author_rank: Super Contributor
timestamp: June 02, 2022, 05:29:51 pm
content: Quote from: dunkemhigh on June 02, 2022, 05:14:16 pmSure they can, it happens all the time, maybe in your part of the world there are laws preventing this but I don't think there are here. What is a seller supposed to do if they make a mistake and sell something they don't have? As long as they issue a refund in a timely manner there is no harm done IMO. I've had it happen to me, I don't make a stink about it, I just take my money and move on.

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 02, 2022, 05:37:52 pm
content: Quote from: dunkemhigh on June 02, 2022, 05:14:16 pmSame rules apply to all sellers on eBay.Quote from: james_s on June 02, 2022, 05:29:51 pmIndeed. Credit card protection laws. Small claims court laws. They all vary between countries. My story of how I "won" against a bad seller in the US may not be that relevant for someone in the UK.

author: at_sr
author_rank: Newbie
timestamp: June 02, 2022, 06:44:25 pm
content: Sorry guys if I post this in wrong place.Yes you guys are right, this is my first post on this forum and it shouldn't start like this.I'm long time reader on this forum, found a lot of help here and really appreciate how smart guys from all around the world like you can cooperate and share knowledge.English is not my native language, so it takes time for me to write without grammar mistakes ( as much as possible).This time I was just pissed off.Instead of trying to at least tell me like they will try to contact to manufacturerto see what they can do, they just canceled my order for the reason " Bayer asked to cancel order".I already received Fluke - 368 FC from Amazon.

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 02, 2022, 07:14:28 pm
content: Quote from: at_sr on June 02, 2022, 06:44:25 pmA lot of sellers now list on multiple different sites. There are some software packages that automate this. Delete listings/update stock on other sites when an item sells on a specific site but not all do.It's definitely frustrating to not get your item but if the time between order and refund was short, I think it's unfair to blame the seller. Instead move on and buy elsewhere.This isn't to say there are sellers who deserve negative feedback. A seller not responding to a case and forcing the customer to wait the 4 days till eBay gets involved earns the seller negative every time.

author: PlainName
author_rank: Super Contributor
timestamp: June 02, 2022, 08:31:00 pm
content: Quote from: dorkshoei on June 02, 2022, 05:37:52 pmNo. There are Ebay rules which may be in addition, but companies cannot ignore statutory requirements simply by using Ebay as an payment processor. At least that's the case here in what passes for civilisation.

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 02, 2022, 08:40:27 pm
content: Quote from: dunkemhigh on June 02, 2022, 08:31:00 pmObviously eBay's rules (which are the same for all sellers) don't trump national laws LOL. As already said, the OP is in the US, so how it works in the UK when it comes to enforcing ones consumer rights is likely irrelevant to him.

author: thm_w
author_rank: Super Contributor
timestamp: June 02, 2022, 09:57:25 pm
content: Yeah you don't sue someone because an item was out of stock and refunded, if they paid you its because that was easier than hiring a lawyer.https://law.stackexchange.com/questions/36074/is-it-illegal-for-a-company-to-sell-an-item-it-does-not-currently-have-in-stockhttps://kalfalaw.com/what-is-an-enforceable-business-contract/Quote

author: PlainName
author_rank: Super Contributor
timestamp: June 02, 2022, 10:39:01 pm
content: QuoteAh, I missed that

author: Stray Electron
author_rank: Super Contributor
timestamp: June 02, 2022, 11:56:27 pm
content: Quote from: at_sr on June 02, 2022, 04:55:35 pmI think that the real question here is, why did you wait two months to start the complaint process with Ebay/Paypal?IMO any seller that drags things out for that long is just stalling and has no intention of completing the sale and the whole listing was likely a SCAM to start with. And any buyer that waits and that lets the seller stall that long, is a fool. Ebay and PayPal have very clear policies about this and there's no excuse for not following them.You should have filed a complaint when you didn't get the item after a reasonable time (about 20? days). If the buyer then cancelled the sale, you should have given them very negative feedback and moved on. Ebay/PayPal WOULD have refunded your money including all fees and postage, IF you filed a complaint within their stated time limit (60 days in the US).Let me ask this: Was the deal too good to be true? FYI that's how every SCAM starts.

author: Stray Electron
author_rank: Super Contributor
timestamp: June 02, 2022, 11:58:38 pm
content: Quote from: at_sr on June 02, 2022, 04:55:35 pmYou've got to be kidding me!

author: at_sr
author_rank: Newbie
timestamp: June 03, 2022, 12:38:30 am
content: Quote from: Stray Electron on June 02, 2022, 11:58:38 pm1. All those negatives feedbacks had the same reason - This seller is selling things they do not have!2. I didn't wait two months, it was domestic so I was hopping to get it in maximum 7 days. So after 7 days I logged in to my eBay account to see if there any tracking number and I saw delayed for 2 months.Then I did contact to seller and ask if somebody just gonna bring me unit by walking the distance from theirswarehouse to my place ( it would take a person to walk less than two months ) and yes, I did mistake - I told them that I'll give them bad feedback for selling item they don't have.Actually in the beginning I thought they sold it to some body else, but the site still was showing last one.And next morning they cancel my order,I did not ask them to cancel yet- they did so I can not write a negative feedback.3. It wasn't good deal, I just needed it for just one earth current leakage test and didn't wont to pay twice more for the Fluke.Hope you understood that I'm not kidding and probably I should write this post.

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 03, 2022, 01:12:54 am
content: Quote from: at_sr on June 03, 2022, 12:38:30 amAre you talking about "Estimated delivery XXX to YYY" in your "purchased items" after you have paid?As far I understand that can't be changed. It's based on the "handling time" the seller specified when the listing was created.Maybe I'm wrong but I used to sell on eBay a lot and I've never heard of any method to introduce a delay post payment.

author: nigelwright7557
author_rank: Frequent Contributor
timestamp: June 03, 2022, 01:15:16 am
content: Quote from: dunkemhigh on June 02, 2022, 05:14:16 pmYou cant force a seller to sell on ebay.All you can do is start an "item not received" claim and get your money back within 30 days.

author: Stray Electron
author_rank: Super Contributor
timestamp: June 03, 2022, 01:43:18 am
content: Quote from: nigelwright7557 on June 03, 2022, 01:15:16 amAnd post negative feedback. Within the allowed time limit. And make a complaint with Ebay. I don't know if they still do but they used to have a policy that if they got TWO complaints about a seller not fulfilling a sales that they would close that seller's account.

author: Stray Electron
author_rank: Super Contributor
timestamp: June 03, 2022, 01:47:42 am
content: It looks like "Testequipment" is already gone from E-bay. I couldn't find any current listings for them or any sales history.Edit: update. It looks like the OP didn't even post the correct name of the seller!Testequipmentdepot currently has a listing for "Megger DCM305E 2009-574 TRMS AC Earth Leakage Clamp Meter". They're down to the last one with eleven sold which matches the description that the OP gave.Not wasting any more time with this OP! He's wasted everyone's time here while making a complaint about a specific Ebay seller and doesn't even give the correct name of the seller! Is he really that careless, or is there something else going on here?And no, giving the wrong name is not an "I'm not a native English speaker" mistake!

author: at_sr
author_rank: Newbie
timestamp: June 03, 2022, 01:58:12 am
content: It is Testequipmentdepot.

author: dorkshoei
author_rank: Frequent Contributor
timestamp: June 03, 2022, 02:01:28 am
content: Quote from: Stray Electron on June 03, 2022, 01:43:18 amMaybe long ago? In the last 6 months I've personally filed a no shipment case (tracking generated but never handed over to carrier) and when I checked back there were half a dozen more feedback reporting same and the sellers account was still active.

author: PlainName
author_rank: Super Contributor
timestamp: June 16, 2022, 09:07:48 am
content: Quote from: james_s on June 02, 2022, 05:29:51 pmHad a few mins to spare and checked.According toCornell, "Every state, with the exception of Louisiana, has adoptedArticle Two of the Uniform Commercial Code(UCC) as the main body of law regulating transactions in goods."The relevant part of Article 2, "§ 2-712. 'Cover'; Buyer's Procurement of Substitute Goods" says:QuoteWhich is pretty much as I stated above for UK law, but this is US law. The major reason why sellers get away with this kind of thing is because the buyers don't think they have an actual contract of supply, and that the seller just sweeping it under the carpet and refunding is all that's necessary. It is exactly threads like this one that convince people they don't have rights when they do, thus they don't exercise those rights and there is more belief that they don't exist.Also, sellers often don't know their obligations and think just a refund is fine, not understanding that they are a party to a contract to supply. Most aggrieved buyers fall at the first hurdle of knowing theycanhave the contract enforced, and the few remaining fail when the seller just ignores them.[For the avoidance of doubt, I am not pushing the OP to go this route, merely pointing out they could.]