Ride R Posted October 4, 2010 Report Share Posted October 4, 2010 So, on july 9th i won a ebay auction for a tire changer and paid right away with paypal. I told the seller to contact me so we can discuss shipping. I talked with him the next day and he told me that he was selling the machine from his company that went under. It was saturday so he said machine will go out monday. Monday or tuesday i get a call from him telling me that he went to get the machine and they were locked out by the bank or liquidator and he refunded me on his own. He said the machine is still mine they just gotta work things out with the bank. I call him every few weeks and get basically the same response. I talk to him end of August and he says machine will be released definitely september 18, saturday. Call him monday and leave him a message. He calls back a few days later and tells me he's no longer working there and he's trying to inform the new guy about the situation. He keeps telling me he can't get to him. Call again this thursday and he says basically they sold the machine (not him) and that's that. I contacted ebay and they're suspending his account. If i go after them for breaching the ebay contract can i get anything? Do they have to get me a machine or does not much happen? Link to comment Share on other sites More sharing options...
Zappo Posted October 4, 2010 Report Share Posted October 4, 2010 Not sure there is anything you can do. Nor can I see the guy did anything wrong, other than not shipping the machine out before the bank locked everything up. Everything he told you seems legitimate to me and he refunded your money. I can't see how eBay would have an issue with him either. I have gone through a bankrupcy with another company and the bank is in control of everything. Now, the bank may allow the company to sell stuff off on its own, or it may seize everything and handle it themselves. If the later is the case, you won't ever see that tire machine. Link to comment Share on other sites More sharing options...
gdizzle Posted October 4, 2010 Report Share Posted October 4, 2010 So wait, you got your money back? Link to comment Share on other sites More sharing options...
Ride R Posted October 4, 2010 Author Report Share Posted October 4, 2010 yes i got my money back, but he did at his own will and i didn't have a say in it. Don't both parties have to agree in order to resolve a contract dispute? Link to comment Share on other sites More sharing options...
flyfishing3 Posted October 4, 2010 Report Share Posted October 4, 2010 This stinks dan, you were really pumped About that machine Take your money and don't look back. I'm surprised you got that Link to comment Share on other sites More sharing options...
Ride R Posted October 4, 2010 Author Report Share Posted October 4, 2010 yeah Mike i'm pissed. Waiting for 2.5 months and being told you lose sucks! I'm going to talk to a friend and see who he knows and see what, if anything they can do to help Link to comment Share on other sites More sharing options...
BurgerBob Posted October 5, 2010 Report Share Posted October 5, 2010 I've bought things on ebay only to find out that the company doesn't even have the listed product. Nothing you can do but accept your refund. Link to comment Share on other sites More sharing options...
(n)A-GAME Posted October 5, 2010 Report Share Posted October 5, 2010 Yeah. Nothing you can do, and you got your money back which was a nice bonus. What remedy would you even be asking Ebay for? Link to comment Share on other sites More sharing options...
flyfishing3 Posted October 5, 2010 Report Share Posted October 5, 2010 I'm going to talk to a friend and see who he knows and see what, if anything they can do to help you know what to do. Link to comment Share on other sites More sharing options...
Burn-E Posted October 5, 2010 Report Share Posted October 5, 2010 Not sure there is anything you can do. Nor can I see the guy did anything wrong, other than not shipping the machine out before the bank locked everything up. Everything he told you seems legitimate to me and he refunded your money. I can't see how eBay would have an issue with him either. I have gone through a bankrupcy with another company and the bank is in control of everything. Now, the bank may allow the company to sell stuff off on its own, or it may seize everything and handle it themselves. If the later is the case, you won't ever see that tire machine. ^^^ THIS - if the company went into bankruptcy protection then all hard assets are no longer in control of the employees but instead become assets of record and control for the creditors. You're lucky the guy refunded your money otherwise you would be standing in line as a creditor of record but with no real standing and in the lowest tier of creditors who generally get wiped out. Unless the new ownership or bank decides they want to liquidate the assets and you can get a line on that liquidation you should just count it as a lesson learned and go seek a tire changer elsewhere. Link to comment Share on other sites More sharing options...
Matty Moo Posted October 5, 2010 Report Share Posted October 5, 2010 I know you're bummed that you didn't get the tire changer, but in all honesty I'd be thrilled just to get my money back. Even though I sell quite a bit there, the place is an absolute mess. At times the sellers get screwed for no apparent reason, and buyers can easily get stung on big-ticket items. I'd chalk it up as a win. Link to comment Share on other sites More sharing options...
Ride R Posted October 6, 2010 Author Report Share Posted October 6, 2010 thanks guys for the replies. I guess my search continues... again Link to comment Share on other sites More sharing options...
gdizzle Posted October 6, 2010 Report Share Posted October 6, 2010 thanks guys for the replies. I guess my search continues... again Honestly, it should have continued when you got your money back. Link to comment Share on other sites More sharing options...
Ride R Posted October 6, 2010 Author Report Share Posted October 6, 2010 Honestly, it should have continued when you got your money back. well, it was a smokin deal that i won it for and throughout the whole ordeal they kept telling me the machine was mine they just need to get some money to the bank, so i had no reason to search as i was led to believe i would be getting the machine soon Link to comment Share on other sites More sharing options...
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