FUNDS HELD NEW EBAY POLICY! CLOSING ACCOUNT AFTER 19 YEARS!

[tricia-o]

Im absolutely furious! Ebay have changed their policy and are now refusing to pay monies (which belong to the buyer) until the item has been posted and received!!

I have been selling on Ebay for 19 years and this is how we are being treated?

I will NOT pack and post my valuable antiques until I have been paid! I have never heard anything so ridiculous! Can we not be trusted? Shame on you Ebay! You are the loser here! I have now cancelled all sales and 67 listings and I will find another platform to sell my antiques with someone that values me!!

[Anonymous]

Well you've just confirmed what I suspected all along thanks! EBay is conning us.

Unfortunately eBay will not agree with that which is still breaking a law somewhere I'm sure.

[andha-21]

If you do do any investigations the SGA may apply to users that joined eBay before September 2015 and there were provisions to cover private sales in the Sales of Goods Act.

After Papso's rebuttal I went hunting again. As far as I can tell so far the SGA wasn't repealed at the inception of the CRA 2015 which means both are still active but that the SGA seems to come into effect for contracts signed before September 2015 which could apply to eBay membership as they have Terms & Conditions for usage.

So potentially, if I'm on the right track, anyone that joined eBay before the above date could potentially still be covered by SGA rights.

Obviously if that's right, it isn't a solution for all, but it could stop a blanket roll out. Maybe.

[rugbyguy1960]

Being a member since 2005 might have a use after all.

[porte2425]

I think there’s now confusion here. A lot is being said about buyers’ rights when purchasing from a private seller. The issue, as far as I was aware, was whether eBay can lawfully withhold payment from private sellers until after delivery confirmation. This is linked via eBay’s marketing of Buyer Protection, but they are otherwise unrelated. Or are you saying the SGA covers a seller's right to be paid within x days by an intermedium, as well?

[theelench]

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@tricia-o wrote:
Thank you so much for your kind words. I’m not trying to deceive anyone. Some people are just unkind!
Regards
Sent from my iPhone

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And some people just like knit-picking in an attempt to discredit private seller's valid criticisms.

[ett1954]

The terms and conditions change frequently with a 30 day notice of when the changes come into effect.; the most recent are the those in force as it clearly states that if you continue to use the site you have by implication agreed to the new terms and conditions.

In addition the Consumer Rights Act - 2015 overrides the legislation you refer to as it specifically relates to online selling.  There was no online selling in 1979 and 1982 when the two Acts you refer to were put into force.

[*devils.advocate*]

I believe that the Sales of Goods Act 1979 concerns the standard of goods someone must meet.

But, these standards are for goods only and only apply business-to-business.

The Consumer Rights Act 2015 replaced the former for goods and services you sell to consumers.

Your reference to 01 October 2015 - it relates to purchases made before that date - which kind of falls outside 30 days - and it’s nowt to do with joining eBay before the above date in any event.

[andha-21]

Umm, no disrespect intended but I don't think you thought that through. The CRA came into force in 2015. Are you saying there were no online sales before 2015? Or that they were completely outside of any laws?

& yes, the terms and conditions may change but unless eBay specifically terminate the old contract (membership) the contract itself still has the same start date.

[andha-21]

"I think there’s now confusion here. A lot is being said about buyers’ rights when purchasing from a private seller. The issue, as far as I was aware, was whether eBay can lawfully withhold payment from private sellers until after delivery confirmation. This is linked via eBay’s marketing of Buyer Protection, but they are otherwise unrelated. Or are you saying the SGA covers a seller's right to be paid within x days by an intermedium, as well?"

I'm not talking about the holding of monies directly. My instincts are telling me something is amiss with the BPF so I'm looking into the legality of it. Posting, reading replies and researching more.

The way I see it, if a single legal challenge is available against BPF then that is something worth hunting for. Because the BPF is their excuse to hold our money.

The SGA bit in my above reply is possibly another angle. Basically I'm testing the waters to see what replies I get. My mind works better with something to bounce off.

[andha-21]

The Sales of Goods Act had provisions for Private Sales. If I recall correctly what is currently referred to as "Not as described " was among them, just different wording.

The CRA replaced parts of the SGA but as the SGA wasn't repealed it still covers contracts entered into before September 2015.

[*devils.advocate*]

Did you not read about the difference between B2B sales and consumer sales?

Anyways, just as with the OP, all private sellers are in the same boat.

Bottom line - it’s like it or lump it time - just as it’s always been with any change over the years (on any site really).

It’s individual choice to continue or not.

It doesn’t matter about CRA, or whatever, it doesn’t have anything to do with the holding of funds.

If it is relevant, someone please state, categorically, exact chapter and verse - with the appropriate links.

Otherwise …………………………..

And if there is a single legal challenge available against BPF then, as above, you obviously think it's something worth hunting for - can we ask that you hunt for it and advise us of your findings?

[kitten_slave]

I've stopped selling outside of the UK for precisely this reason. I'm not waiting for two or three weeks while Ebay cream off the interest on withheld money. 

Antiques dealers & rare booksellers will NEVER send items without receiving full cleared funds in advance. EBay have arbitrarily inserted themselves as middle men holding the money, disempowering sellers and profiting in the meantime. 

Some of my overseas customers have contacted me direct to ask to deal direct - which basically means Ebay is losing out on all that commission. They now see an item they want on Ebay - email me direct - and I sell direct to them. 

I didn't opt for this and would be happy for Ebay to take their cut on my overseas sales, but their introduction of a system which results in my having to wait for several weeks before receiving payment has caused it. 

[tricia-o]

Well said. Thank you.
Sent from my iPhone

[ett1954]

"Are you saying there were no online sales before 2015?" - Hardly I've been on here twenty years.

The Customer Rights Act - 2015 was the first legislation that specifically identified, separated, clarified and implemented requirements specifically for online selling.  Prior to this the buyer was reliant on previous Acts such as the Consumer Protection: Unfair Trading Regulations of 2008 which has been amended several times and continues to be in effect but were not suited to the proliferation in online selling and nor were they designed for any ease of clarity and interpretation when it came to online selling.

"but unless eBay specifically terminate the old contract (membership) the contract itself still has the same start date." - The last update I received closed with:

"If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to Section 12 (“Term, Termination”), without any extra cost at any time before 4 February 2025." 

I am no lawyer but that seemed to cover it for me, however if you are confident run with it; and good luck.

[tricia-o]

Hi
I didn’t say that. I’ve been on here for 19years.
Sent from my iPhone

[ett1954]

@tricia-o  - I wasn't replying to you.  Check my message above just below my feedback score - that indicates who the reply was intended for.

[andha-21]

Fair enough. I appreciate the replies. & don't get me wrong. I'm not the always right type. I do these types of posts to get the bounce back. I don't mind being wrong if it leads to right.

My instincts still tell me there's something amiss about BFP.

Based off your collective replies, user base wise, direct buyer to seller seems void.

But if the buyer pays eBay and eBay holds the funds for X days before paying the seller, how are eBay not involved in the contract of sale. I just can't get my head round that. & if they are involved how are B2C rights not involved.

The buyer doesn't pay me. They pay eBay. eBay pays me.

It's similar to financing in a store. The financer pays the store, the buyer pays the financer.

Rambling, getting it out of my head and onto "paper" as it were.

[the_book_seekers]

Vinted have been operating like this for many years - fee free selling, buyer's protection fee, monies held until the buyer indicates they are happy - if it was illegal something would've been done by now. 

[tricia-o]

Ah ok. Apologies.
Sent from my iPhone

[tricia-o]

Apparently if you sell overseas, you have to wait for it to be delivered and if they don’t leave feedback you have to wait another 14 days from the delivery date for payment! There’s definitely something amiss here!
Sent from my iPhone