#1
as a warning: no one do that ace lawyer link thing -.-...

Anyway an old friend of mine says you have an ebay account right and im like yeah so he goes oh can you sell these things for me and send payment to me ill send them out once i get payment and it seemed legit, after a lot of talking i agreed and it turns out he scammed the people as well as me.


I owe £1100 to ebay.

Ebay do NOT listen when it comes to customer service I have emailed them twice and they simply say we have issues with your account (they locked it due to the fact people didn't get their products), and ask me to resolve them but I can't resolve them as it was a scam!

I'm in a mess here and can't afford to fork out a grand..

Any advice?


HELLO!

#3
Sounds like your old friend is a douchebag. If the account has all of your details on it I don't see how you can handle this. I mean, you have to admit 'but I did this all for my friend ' sounds like a rather dodgy excuse, no?
Play the music, not the instrument.
#4
I have things like emails saying i'm not liable but i think it's all thin air now cause he lives in america me in the UK..

It sounds bad but I guess I'll have to pay and try a court case, I'm just wondering how well it would stand - and internationality will be a problem as well won't it.


HELLO!

#5
Open that shit.
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The end of the world

#6
Any advice?

Here's some - Don't write your posts in the same way you think. It makes it ****ing hard to decipher what you're talking about.
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#7
Ok we need to establish whether a contract was formed firstly between you and him. From the sound of it you have fulfilled all criteria for a legal contract except for one which i am sure about; intention to be legally bound.

In contract law it is assumed that amongst social situation between family, to some extent friends that no intention for legality is bound, however in commercial and business situations there is always an intention to be legally bound.

Also if the contract was formed, you can sue him under lack of consideration; as he failed
to provide what was promised in exchange for the money.
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#8
If you take it to court you'll probably end up spending more money on lawyers than you would to just pay off ebay. Sounds like you've dug yourself quite a hole. Best advice now is don't fall for the same sort of thing again.
#9
Quote by adj209
Also if the contract was formed, you can sue him under lack of consideration; as he failed to provide what was promised in exchange for the money.

No, what you'd be suing him for is specific performance -- you made a promise to do something, I held up my end of the bargain, and now it's time for you to make good. You couldn't argue lack of consideration in that particular situation; "consideration" analysis is performed when you're trying to determine whether there's a valid contract to begin with. The three parts of a valid contract are offer, acceptance, and consideration.

As far as the OP goes, good luck with that. You're screwed. And good luck ever getting your money from "your friend." Chalk it up as an expensive life lesson and don't allow people to use you.
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Last edited by Dirk Gently at Jun 1, 2010,
#10
IMHO: lrn2grammar. It makes things easy to understand

On topic: Really dont know if theres anything you can do, short of the can of whoop-ass up the page
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#11
Though my study of contract law is a little sketchy (about 5 years ago) it could possibly be interpreted that he had no intention of being contractually bound - he was merely acting as a representative or an agent of the rogue

Also did the purchaser do enough to ascertain that he had the goods that he was selling? I'm sure there's precedent somewhere regarding this, and it's all very dependant on circumstances, but that could also be argued.

It also might be worth seeing if he approached anyone else with this scenario.

Lesson: NEVER handover money in advance when relying on someone else to do something you've taken responsibility for
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Dakota Fanning, the kfc general dude, and my neighbor and all of them dont have much musical ability
#12
The best solution is to keep trying to negotiate with the old friend. State your position, he'll state his and hopefully come to a resolve bearing in mind you will want all of the moeny you owe eBay try saying you want £1500 threatening legal action against him regularly.
If that doesn't work you may want to try mediation and the local court should be able to advise you on this but it could be a waste of time. I think the best solution here would be arbitration which is not quite court but very close to it. You will only have to pay for the arbitrators services and as this is entirely your friends fault you should get enough money off of him to cover it although I dont actually know how much this costs. The final decision of arbitration is final and you may want to find some legal assistance to help you understand the process more.
If arbitration doesn't work you'll have to go with the fast claims track which will be heard in county court. These can be resolved within half an hour or so and can get you up to £5000 but asking for that much would be a bit excessive.

This is English law btw I'm not sure if its the same in America. Really try negotiation though reminding your friend if he doesn't it could just get much worse for him.

#13
TS, Why couldn't he just make his own eBay account? It doesn't take long...
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#14
In answer to hopefully all your questions

My account HAD 300 feedback and was over 3 years old so seems more legit.

I'm trying my best to sort this with paypal/ebay and my friend (who was also scammed) has managed to waiver his but he was not suspended..

I am considering legal action and will continue to tell the person so.

Thanks for the help so far.

BTW: i r can grammar.. I got an A* in English Language (not trying to show off...) but the Pit is hardly the place to explore your more refined side... srsly tho pit rules apply.


HELLO!