Hi, I hope someone here knows enough to help me. What arguments, if any, can be made against debts obtained thru bidding online in some sort of auction? Are these debts legally enforceable? If contacted by the attorney representing the company claiming that you owe them $$ and making a demand for payment via a letter, what is the process of disputing it, asking for validation, etc? Thanks, SW
Re: Re: Help w/Disputin Online Auction Debt is it worth the time and effort??? only you and your lawyer know for sure!
Even if the terms and conditions are not displayed openly, meaning you have to click on a link to get there and you are not required to click this link or check any box saying you read them?
Re: Re: Help w/Disputin Online Auction Debt when you signed up to use the auction service you agreed to the terms of use
Re: Re: Help w/Disputin Online Auction Debt Is that not disputable? What if I never saw or read the Terms?
Re: Re: Re: Help w/Disputin Online Auction Debt when you signed up to use the auction service you agreed to the terms of use
Re: Re: Re: Help w/Disputin Online Auction Debt But I didn't put my signature on it. I executed nothing in writing. So how can this be?
Re: Re: Re: Re: Help w/Disputin Online Auction Debt You "electronically agreed" to it. If your contention is you did not "see" or "agree" to the terms and conditions, you will have to go to court to fight this...it will probably cost you more money than the auction was for to do this good luck
Re: Re: Re: Re: Help w/Disputin Online Auction Debt That is what I figured. This is not some small Ebay auction. This is over an amount of almost $20K. It is a long story. Thanks for you help. SW
Re: Re: Re: Re: Help w/Disputin Online Auction Debt That's OK. At least you were nice enough to take the time to try.
Re: Re: Re: Re: Help w/Disputin Online Auction Debt That is more than I can say for all the other "experts" here. I am a newbie and expected more response.
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt I sense a bit of an "attitude" here. This board is full of "experts", and I for one have tremendous respect for the "expert" advice given (although some of the advice can be wrong from time to time). That said, your questions are more of a legal nature, and you should be seeking legal advice - ESPECIALLY if it involves a $20k price tag! I don't know of any legal precedents which have been set regarding online auctions. An Internet or intellectual property attorney would be better suited to help you. Check out nolo.com for starters.
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt There is no attitude here. I know this board is full of experts, which is why I posted this email and the one preceding it several days before. At this stage, I don't see the need for formal legal advice. I just wanted the opinions of some here much more experienced that I am but only one person was kind enough to respond and no people responded to the first request. That is all I was saying. Maybe not many are frequenting here regularly anymore? Thanks, SW
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt i just have to know,., what kinda jackpot did u get yourself into over 20 thousand dollars. what did u try to buy...
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt If you have been contacted by an attorney about a 20k matter, I would think it is definately time to contact a lawyer. You have to understand that online auctions can represent more than just a 'debt'- they can go into 'wire fraud' and more, esecially if the transaction occured in a different state than in which you reside. Take this very seriously. I can tell you from experience that I pursued someone on eBay for a heck of a lot less than 20k and the authorities were more than helpful. I am talking a few hundred dollars here... You have to click 'I agree' to accept the terms and conditions of online auctions, and just like the EULA on commercial software, "I didn't understand' or "I didn't read it" will not hold up in court. Unless you are a minor or not mentally competant, I do not think you will have much of a leg to stand on. As far as no one responding to your post, I think you should have provide more information. It is hard to respond when we do not know the whole situation. If you entered into a contract (by bidding on the item) and you did not contact the seller to retract your bid before the auction ended, you could very well have some problems on your hand. Especially for 20k! Remember, auctions are not free- that 20k auction cost the seller a few hundred dollars wheteher you paid or not- I am sure he or she is looking to get their money back.
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt Thanks for your response. This wasn't Ebay and didn't cost the seller anything. I basically replied to their atty with my own type of demand letter, asking for the monies I already paid to them based upon false statments made by some of their employees, combined with a version of a validation/dispute letter. I will be very interested to hear the response. The situation is much more complicated than this and a long story. At this point, I am not overly concerned, but interested to go thru the process. The worst that could happen is they have to resell the notes at auction without a reserve and I am responsible for the difference. But I think I will get my money refunded. I'll keep everyone posted.
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt I have had a similar experience regarding the sale of an automobile. When you bid on the car, they have to describe to the best of their ability regarding the appearance and how the automobile looks like. Now, if they have failed to do so, you can choose to file a complaint with the auction house stating the description doesn't match the vehicle that was in the advertisement. That covers your ass. Now if you don't file a complaint, then just get all the records you can get together and make a case stating it was not the vehicle they described. That are the terms of conditions on ebay in laymans terms.
Re: Re: Re: Re: Re: Help w/Disputin Online Auction Debt Thanks for the input. That is a bit of a different matter but applicable for the topic in general. Thanks, SW
