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I'm I wrong for not wanting to pay?

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    pendragon1998pendragon1998 Posts: 2,070 ✭✭✭
    Since Russ is a coin Ferengi, perhaps I should remind him of several of the Ferengi rules of acquisition to help him write his future auctions: image
    I think these should be mandatory reading on all coin message boards.


    Ferengi Rule of Acquisition Number 1:
    Once you have their money, you never give it back.

    Ferengi Rule of Acquisition Number 8:
    Small print leads to large risk.

    Ferengi Rule of Acquisition Number 12:
    Anything worth selling is worth selling twice.

    Ferengi Rule of Acquisition Number 17:
    A contract is a contract is a contract... but only between Ferengi.

    Ferengi Rule of Acquisition Number 19:
    Satisfaction is not guaranteed.
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    pendragon1998pendragon1998 Posts: 2,070 ✭✭✭


    << <i>

    << <i>Maybe that's the intention, but my point was that the letter of the law (or agreement, in this case) doesn't define such a return policy in that way. >>



    What do you think the word "return" means? It's pretty hard to "return" something that was never received.

    Russ, NCNE >>



    First of all, to address Russ's question:
    I was referring to the fact that a "no questions return policy" does not list any conditions on which a return may be rejected. I wasn't talking about "returning something that was never received." I'm sure if you re-read my posts you'll see where you mistook what I said.

    Second of all:
    I think there is some misunderstanding amongst some of the posters on this thead as to what eBay says about contacting a seller after you've won an item and requesting that the transaction be cancelled. They basically say (and I quote the exact words below) that you're in a contract which the seller has the option on enforcing. They say that you may contact the seller and ask to be let out, but that there may be consequences (a negative) or they may decide that they're going to stick you with the original agreement.

    From eBay's Help Pages:


    << <i>

    I won an item but no longer want to purchase it. What should I do?

    A bid or Buy It Now purchase on eBay is considered a contract and you are obligated to purchase the item.

    However, mistakes sometimes happen, and many sellers are willing to work with you if you communicate with them openly and honestly. If you have not done so already, you may want to request the seller's contact information and give the seller a call. Let the seller know your situation, and see if you can work things out to everyone's satisfaction.

    If the seller does not respond in the way you hope, keep in mind that failing to purchase an item you have won may result in negative feedback, as well as an unpaid item strike against your account. Too many unpaid item strikes in too short a period may result in permanent suspension of your eBay account. >>

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    Wrong and wrong again. Its called being resposible and following the rules. How would like someone doing that to you? You bid and win you pay. That the way it works.
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    A couple of times I have reconsidered on my bids, however, I followed through on my commitment. Bought the coin and sucked it up. It is good buisiness.
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    pendragon1998pendragon1998 Posts: 2,070 ✭✭✭
    Clearly you have not read all of my posts in this thread.
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    << <i>Clearly you have not read all of my posts in this thread. >>



    You are 100% correct - my mouse has a scoll down function.

    Did you by chance say anything of use?
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    pendragon1998pendragon1998 Posts: 2,070 ✭✭✭


    << <i>

    << <i>Clearly you have not read all of my posts in this thread. >>



    You are 100% correct - my mouse has a scoll down function.

    Did you by chance say anything of use? >>



    Nothing, I'm sure, that your sort would find useful.
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    gyocomgdgyocomgd Posts: 2,582 ✭✭✭
    Jiminy Cricket sitting on your shoulder is telling you you're wrong. Which is why you came here--you were hoping against hope Jiminy was lying. Jiminy Cricket never lies.

    One good-faith, high road option to consider is to pay for coins YOU won, inspect them and see if they aren't nice after all--I didn't see an explantion as to why you changed your mind, though I may have read over it.
    Then, if you don't like them, you have an entire new set of options. (A) Return them; (B) Resell them; (C) Like you say, use them for a doorstop.
    image
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    << <i>A no questions asked return policy does not give a buyer the right to place bids willy nilly and then breach the deal simply because they changed their mind. >>





    << <i>Russ, NCNE >>



    Um, that's exactly the right that it gives the bidder. If you wanted to put conditions on the return policy (e.g. "Returns accepted only for damaged or misrepresented items") then the buyer wouldn't have the right to return a coin because they changed their mind. Notice I didn't say "breach the deal" - the deal was, "if you decide you want to return the item, we'll accept your return no questions asked." pendragon1998

    pendragon1998 - How can a bidder have a right to return if he never recieved it in the first place. If the bidder wants to chance his mind after he pulls the trigger, let him pay postage and insurance both ways first. I n order to have a return right, you must have recieved it first. Don't tell me to read all of your post, I have and they say nothing of importants, if anything they show what a hypocrite your truely are.image
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    Coins101Coins101 Posts: 2,603 ✭✭✭


    << <i>Wrong and wrong again. Its called being resposible and following the rules. How would like someone doing that to you? You bid and win you pay. That the way it works. >>



    Maybe before you post, you should read the whole thread. It has happened to me on more than one occassion.

    "It is interesting that I have had a couple of the similar situation, only reversed, where I was the seller. I was glad to cancel the transaction knowing the item was going to be returned (per the buyer - non-coin related). I kept the fee reimbursement as profit and re-sold the items (very easy to relist). I also saved me a trip to the post Offcie. I guess I am a little more forgiving than most."

    As pendragon1998 pointed out, it is within ebays guideline to ask to be let out of the sale and is an option under the fee reimbursement section. Now, I will act within his listing guidelines as they are part of the contract.
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    You bid you buy. Had you taken delivery and the product was not as specified then you would have had the option to return.
    You do not have the option to change your mind after you already won the product.
    You are wrong!
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    dthigpendthigpen Posts: 3,932 ✭✭
    Oh my, I agree with Djord on a topic. Now I know the world is ending.
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    pendragon1998pendragon1998 Posts: 2,070 ✭✭✭
    TAClough wrote:


    << <i>pendragon1998 - How can a bidder have a right to return if he never recieved it in the first place. If the bidder wants to chance his mind after he pulls the trigger, let him pay postage and insurance both ways first. I n order to have a return right, you must have recieved it first. Don't tell me to read all of your post, I have and they say nothing of importants, if anything they show what a hypocrite your truely are.image >>



    You know what? I could explain myself to you. Or I could tell you you're an ass and to shut your flapping pie hole. I'll leave it up to you to decide which of the two I decided on.
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    << <i>Sporkadelic - I admire your level head. I think you're the kind of person I would enjoy doing business with.

    Oh, and I think the OP ought to go ahead and post his username and get blocked - I don't think that those who are out for his blood are the sort I'd want to buy from anyway. I'm reminded (once again) why I rarely post here vs across the street. >>



    Thats why you should post across the street!
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    pendragon1998pendragon1998 Posts: 2,070 ✭✭✭


    << <i>

    << <i>Sporkadelic - I admire your level head. I think you're the kind of person I would enjoy doing business with.

    Oh, and I think the OP ought to go ahead and post his username and get blocked - I don't think that those who are out for his blood are the sort I'd want to buy from anyway. I'm reminded (once again) why I rarely post here vs across the street. >>



    Thats why you should post across the street! >>



    Hmm...I think that previous post of mine would work just fine here too.
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    << <i>If the bidder wants to chance his mind after he pulls the trigger, let him pay postage and insurance both ways first. >>


    This is fine, if your goal is to give the buyer maximum punishment for making a mistake. But aren't you punishing the seller as well? He packs the item, gets it shipped, and then waits for it to get to the buyer and back before he can put it on the market again. And, by the way, since the buyer is abiding by the no-questions-asked return policy, the seller is out his PayPal fees too! He has to refund the full purchase price, not including shipping.

    Russell
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    For the lovers of legal minutiae:

    When does the title pass? When the contract was entered into (i.e. auction won)? - Of course not.

    When payment is made? Of Course SO.

    So, once payment gets made & title has passed, absent instructions to the contrary, the seller has a legal obligation (both morally, ethically, civilly, AND criminally) to ship the item.

    BUT - and this is a BIG but:

    & it may be getting into a legal (VERY) grey area, If there WERE "instructions to the contrary" re: how the buyer wanted the seller to handle the (now) BUYERS property, what, IF ANY, LEGAL obligation does the seller have to the new owner & TITLE HOLDER to the property in question? image

    Perhaps there is some legal basis to be made that now the seller has an obligation to ship but NOT a right (ABSENT INSTRUCTIONS TO THE CONTRARY) & only the buyer can waive those rights.

    Imagine you bought a car from a dealer accross country & you paid him but THEN told him NOT to ship it to you as you previously agreed but he ignored your instructions and shipped it to you in Timbuktu anyway. Gettin' a bit sticky ...
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    mrearlygoldmrearlygold Posts: 17,862 ✭✭✭


    << <i>Please list your ebay ID so everyone here can block you.

    Thanks >>



    image
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    << <i>For the lovers of legal minutiae:

    When does the title pass? When the contract was entered into (i.e. auction won)? - Of course not.

    When payment is made? Of Course SO.

    So, once payment gets made & title has passed, <STRONG>absent instructions to the contrary</STRONG>, the seller has a legal obligation (both morally, ethically, civilly, AND criminally) to ship the item.

    BUT - and this is a BIG but:

    & it may be getting into a legal (VERY) grey area, If there<STRONG> WERE</STRONG> "instructions to the contrary" re: how the buyer wanted the seller to handle the (now) BUYERS property, what, IF ANY, LEGAL obligation does the seller have to the new owner & TITLE HOLDER to the property in question? image >>



    Of course a buyer does not have title until he pays. But he has entered into a contract to purchase the coin, and needs to perform his obligations.
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    "...and needs to perform his obligations..."

    I don't believe the buyer has more than one obligation (i.e. NOT plural).

    No disagreement AT ALL. He should have CERTAINLY offered to pay but should have simultaneously told the seller to NOT ship it and that he wanted an immediate (as per the UNCONDITIONAL REFUND/RETURN POLICY) refund if the seller in fact made him go thru those motions.

    My LEGAL question, is the same as above & still unanswered.

    I also think that it is NOT the buyer's "obligation" to receive a shipment - but a right. His only obligation is to pay.
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    My LEGAL question, is the same as above & still unanswered.



    << <i>what, IF ANY, LEGAL obligation does the seller have to the new owner & TITLE HOLDER to the property in question? >>



    Simple - he has a duty to perform under the contract and deliver the coin.
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    "Simple - he has a duty to perform under the contract and deliver the coin."

    Correct. The SELLER has a duty (TO THE BUYER) to perform (and soley for the buyers benefit) that ONLY the buyer can waive or release him from AT THE BUYERS discretion.

    If you have a duty to perform an act SOLEY for someone else's benefit you can't FORCE them to LET you perfom that act - but you still have an obligation to perform it ABSENT INSTRUCTIONS TO THE CONTRARY.
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    All of this talk about contracts and eBay is laughable, IMHO.

    Call eBay and ask them if they can force a seller to sell something to you that you won. While you have them
    on the phone, ask them if they can force a winning bidder to pay for a lot he won.

    In case you do not know the answer to those questions already, the answer is no. That is one of the reasons
    for the feedback system and NARU procedure.

    When was the last time you heard of an actual case of someone going to court to sue for eBay non-performance?

    What we are talking about, since the venue itself admits enforcement problems, are rules for using the venue, i.e.,
    terms of use. Violations of internal rules like this result in internal punishment only in reality. It is so easy to throw
    around big words like "contract," but that does not make it an accurate description.

    It is wrong for the OP not wanting to honor his bid. The honorable thing thing to do is to pay for the item, and return
    it within the return period given in the seller's listing, if it is not wanted. However, there is also nothing wrong with contacting the seller and
    trying to work something out... Always try to think in real world terms when working out solutions...

    Going on and on about so-called contracts is ridiculous, IMHO.

    John

    image

    John C. Knudsen, LM ANA 2342, LM CSNS 337
    SFC, US Army (Ret.) 1974-1994
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    Coins101Coins101 Posts: 2,603 ✭✭✭
    What I have found interesting is in this post, I admitted I tried to work the problem out with the seller and ended up paying for the auction. All along, some of the old Open Forum crowd is calling for my user name so I can be blocked from all ebay auctions the members are running.

    Mean while, there is another post where someone admits they refused to pay for 2 ebay win. Not one of these Holier than Holy have demanded his user name nor have they campaigned to have him blocked. I guess I got stuck with the “rats that jumped from a sinking ship.”
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    I'll jump in with the minority here and say you had every right to request to cancel the deal. A "no questions asked" return policy is carte blanche to return the item for ANY reason. Not just because you reviewed and declined the coin (as Russ said). As a seller I'd rather someone offer to cover the relisting fees rather than having to hassle with the sale/return if the buyer were certain they'd be returning it under my policy anyway. Your right to ask though doesn't mean the seller is obligated to accept your offer. If they want to force the charade of sending and returning then that's what you should do. IMO.
    Currently looking for space-themed coins as well as these wantlists:
    Buffalo Nickel Wantlist
    Circulated TypeSet Wantlist
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    << <i>What I have found interesting is in this post, I admitted I tried to work the problem out with the seller and ended up paying for the auction. All along, some of the old Open Forum crowd is calling for my user name so I can be blocked from all ebay auctions the members are running.

    Mean while, there is another post where someone admits they refused to pay for 2 ebay win. Not one of these Holier than Holy have demanded his user name nor have they campaigned to have him blocked. I guess I got stuck with the “rats that jumped from a sinking ship.” >>



    Not all former OFers feel this way!

    I quote:

    "However, there is also nothing wrong with contacting the seller and
    trying to work something out... Always try to think in real world terms when working out solutions..."

    The seller might appreciate you being honest with him, if you would probably return the item anyway. The only
    difference is, you are out postage and handling (or listing fees, or whatever other compensation that is agreed upon) - there is some real cost to you for this choice.

    What you have posted about is no big deal at all, and nothing to get excited about, IMHO. The automatic mantra,
    in response, is "block him." Just like the automatic response, for some, is "it's a contract!." Easy to make pronouncements
    like that, with no thought behind the actual, real-world, situation...

    John

    image
    John C. Knudsen, LM ANA 2342, LM CSNS 337
    SFC, US Army (Ret.) 1974-1994
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    garsmithgarsmith Posts: 5,894 ✭✭
    <<I'm I wrong for not wanting to pay?>>


    YES
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    I'm afraid so. You should'a checked with us first!

    Best regards,
    Jeff.K. Karp

    Meet my first little guy, Benjamin. Born 4/8/2007
    Pic taken at 2.5 years of age.
    image
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    << <i>What I have found interesting is in this post, I admitted I tried to work the problem out with the seller and ended up paying for the auction. All along, some of the old Open Forum crowd is calling for my user name so I can be blocked from all ebay auctions the members are running.

    Mean while, there is another post where someone admits they refused to pay for 2 ebay win. Not one of these Holier than Holy have demanded his user name nor have they campaigned to have him blocked. I guess I got stuck with the “rats that jumped from a sinking ship.” >>



    If you are one of the cool kids here, it's praiseworthy to rip off the naive, doctor coins and be righteously indignant.

    Otherwise you are the problem and they are the solution.

    With that being said, people who bid, win and don't pay on eBay are very annoying.
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    Mail him a generous check for his expenses and time wasted. If he negs you, so what?---Ebay is a cesspool.
    morgannut2
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    PreussenPreussen Posts: 2,307 ✭✭✭


    << <i>

    << <i>Please list your ebay ID so everyone here can block you.

    Thanks >>



    image >>



    I see at least a couple of posters on this thread that I'd like to block. - Preussen
    "Illegitimis non carborundum" -General Joseph Stilwell. See my auctions
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    RampageRampage Posts: 9,703 ✭✭✭✭✭
    You will go on my blocked bidders list.
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    braddickbraddick Posts: 25,245 ✭✭✭✭✭
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    dthigpendthigpen Posts: 3,932 ✭✭


    << <i><a class=ftalternatingbarlinklarge href="http://cgi.ebay.com/50-Penny-1962-UNOPENED-Philadelphia-Mint-Pennies_W0QQitemZ300023692742QQihZ020QQcategoryZ31373QQssPageNameZWDVWQQrdZ1QQcmdZViewItem" target=blank>eBay auction</A> >>



    Thanks Pat, I just blocked rhiggsbear
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    Coins101Coins101 Posts: 2,603 ✭✭✭


    << <i>

    << <i><a class=ftalternatingbarlinklarge href="http://cgi.ebay.com/50-Penny-1962-UNOPENED-Philadelphia-Mint-Pennies_W0QQitemZ300023692742QQihZ020QQcategoryZ31373QQssPageNameZWDVWQQrdZ1QQcmdZViewItem" target=blank>eBay auction</A> >>



    Thanks Pat, I just blocked rhiggsbear >>



    I was wondering if you were as bright as lightbulb as you think you are. Prior to your edit, you proved your point. image
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    know what you don't know.

    hi, i'm tom.

    i do not doctor coins like some who post in here.

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    BarndogBarndog Posts: 20,538 ✭✭✭✭✭
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    you should getting a negative for threading a posting title that sense no makes.
    know what you don't know.

    hi, i'm tom.

    i do not doctor coins like some who post in here.

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    RussRuss Posts: 48,514 ✭✭✭


    << <i>Mean while, there is another post where someone admits they refused to pay for 2 ebay win. Not one of these Holier than Holy have demanded his user name nor have they campaigned to have him blocked. >>



    Since I posted the auctions he bid and won right in his thread, it wasn't really necessary to ask for his user name. And, you can be assured that he is blocked from my auctions.

    You know, when you ask a question you probably ought to be prepared to receive the answers. Either that, or you could add a disclaimer such as "Please only post if you're going to pat me on the head and say it's okay."

    Russ, NCNE
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    FullStrikeFullStrike Posts: 4,353 ✭✭✭
    Yup u wrong. But I think you had a brainstorm in getting your postage back by never completing the deal. Can't see why the seller can't accept your solution.

    As punishment you should hand your wife or girlfriend a $100 bill and tell her to beat you with it for 100 seconds. After the beating - tell her to go to town and spend it anyway she wants. That'll fix you.image
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    goose3goose3 Posts: 11,471 ✭✭✭
    ah yes....

    once again....You consider shafting someone on an ebay listing and now somehow Open Forum members are at fault.

    What a CLOWN!!!!!!!!!
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    ConnecticoinConnecticoin Posts: 13,278 ✭✭✭✭✭
    If the OP takes delivery of the bag, he should just keep the bag and take it to the bank if he does not want them.

    Why bother re-packing and lugging it back to the PO? Here is what he gets:

    Refund: $103
    Less Seller Fees: $8
    Less postage: $16
    Net = $79

    Bank = $50

    Net Gain = $29.

    Also, a local coin dealer might pay more than $79 for the bag.




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    Dog97Dog97 Posts: 7,874 ✭✭✭
    You bought it so it's yours!
    The seller has probably had that happen before and is not falling for 'The check's in the mail" and spend weeks waiting for a check that may or may not come or a reversal of charges on your credit card if you pay with cc.
    Not saying you'd do any of that, I'm just saying.
    Change that we can believe in is that change which is 90% silver.
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    MikeInFLMikeInFL Posts: 10,192 ✭✭✭✭


    << <i>I'll jump in with the minority here and say you had every right to request to cancel the deal. A "no questions asked" return policy is carte blanche to return the item for ANY reason. Not just because you reviewed and declined the coin (as Russ said). As a seller I'd rather someone offer to cover the relisting fees rather than having to hassle with the sale/return if the buyer were certain they'd be returning it under my policy anyway. Your right to ask though doesn't mean the seller is obligated to accept your offer. If they want to force the charade of sending and returning then that's what you should do. IMO. >>



    image
    Collector of Large Cents, US Type, and modern pocket change.
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    BlindedByEgoBlindedByEgo Posts: 10,754 ✭✭✭✭✭
    I've had any number of "bidiots" screw up on my auctions over the past 8 years, bidding and backing out, etc. I would have been frickin' ecstatic if one of them had asked to not ship and settle the situation reasonably, instead of having to chase them all over Ebay looking for payment...

    While I think that it is bad form what the OP did, the response here comes off as judgemental and whiney - kind of OF-ish image

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    Coins101Coins101 Posts: 2,603 ✭✭✭
    Well, just to update you all. The seller contacted me and wants to end the sale because he has received another offer (someone from here?). I just pulled the Cashiers Check from the mail box (I decided to send him a Cashiers Check rather than PayPal so he didn't get hit with the fees). In recognition of his understanding, I will be mailing him a check with a message indicating I am sorry for the hassle I have caused him and that I was glad we could work this situation out to the benefit of both of us.

    As for you who blocked me, that’s ok. This was the first time I had ever asked to nullify an auction in over 1,000 ebay transaction. If you don’t want my money or have me bump the bids up on your auctions, that’s ok with me. It’s your loss of $$. There's plenty of coins out there.

    Good day to all.
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    MacCrimmonMacCrimmon Posts: 7,058 ✭✭✭
    Blocked. Thanks nimrod for saving me the hassle on some bags I may list in the next month. I listed and sold two mint sewn bags back in May for about $200 each. You had a bargain at $103. Oh yeah, other than a larger image, the bag looks fine.
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    Dog97Dog97 Posts: 7,874 ✭✭✭
    See, you messed the first time by offering the seller $5. Had you offered to <<<compensate him for his listing and final evaluation fees (even though I know he can get these back from eBay) plus some extra for his trouble>> to start with you wouldn't have had this hassle. I didn't block you though, if you ever win my auction then back out I'll simply hunt you down and stomp a mudhole in your a$$.
    Then we'll do a image
    Change that we can believe in is that change which is 90% silver.
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    ConnecticoinConnecticoin Posts: 13,278 ✭✭✭✭✭


    << <i>See, you messed the first time by offering the seller $5. Had you offered to <<<compensate him for his listing and final evaluation fees (even though I know he can get these back from eBay) plus some extra for his trouble>> to start with you wouldn't have had this hassle. I didn't block you though, if you ever win my auction then back out I'll simply hunt you down and stomp a mudhole in your a$$.
    Then we'll do a image >>



    Glad you are back, Dog, feisty as ever!!

    Are you still living in Mobile after all those nasty hurricanes?
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    Yes, you are Wrong !

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