I've used eBay for over 10 years now, but only ever as a buyer. However, have never had any problems until tonight and I'm trying to work out whether I should be bothered or not - all seems a bit fishy to me!

I've been tracking an item for last week or so and I put in a max bid tonight of £151. At the time I did so (about 3 minutes left) the best bid was £112 (where it had sat since the weekend) and I won the item for £122. However, about 20 minutes earlier I had noticed that there was an identical item being advertised by another eBay seller, based in another part of the country and, before I bid, I sent a message to the seller to check that this wasn't a duplicated listing and that the item was available for payment collection. Seller confirmed accordingly and said he had now seen the item I meant. To clarify, when I say the same item, I mean the same photo was used - not a stock photo from a website, but the same photo, taken in what I assume is the sellers home.

Anyway, long story short I then had a phone call from the seller (mystery number one is how he had my phone number, because it's not in my account settings, but I'll ignore that for now!) to say that he had telephoned eBay to report the other item and that they had told him that he cannot now sell his item and that he couldn't do anything for 24 hours. He went on to say that he felt that the other item had compromised his sale, by placing doubt in potential bidders' minds and that he had messages from potential buyers saying that they would have bid were it not for the other listing with the same picture.

So, my questions are:

(1) Is it possible to PHONE eBay. I can't find a way to do it
(2) How can it be the case that others have complained when he replied to me 6 minutes before the sale ended to say that my note had brought it to his attention?
(3) What rules has the other item actually broken? I can't see any specific rule about nicking someone else's picture and lots of adds use 'stock' photos, which is pretty much the same thing.
(4) Even if the other item has broken some rules, then surely it's the other seller that eBay might investigate. Why would eBay tell him he couldn't complete his genuine sale to an honest, in good faith buyer (i.e., me!).

My gut feeling is that he's miffed that the item made a bit less than he would have liked and he's just trying to avoid selling it to me. I genuinely think that £122 is a fair price and he didn't place any reserve on the sale. As I say, his excuse is that the other item meant that he lost buyers.

Under normal circumstances I'd shrug and walk away, but this is something I've been after for quite a while and not something that turns up very often.

Would appreciate any thoughts/advice from anyone out there that knows more about eBay than I do! Thanks!

Run a mile, there is something not right in this items sale and it sounds like there is a potential con buried in this.

Ask yourself how he/they got your phone number? That has never happened to me in years of eBaying. Should've been old enough to know better...doh!
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I've had someone use the picture that I took of something but they did say that it's not the exact on in the photo.

Does sound weird. I'd leave alone and look for another one. I know it's annoying but it's better than not getting the item and losing your money! 2009 TDV8 Vogue SE - Bonatti Grey

Appreciate the responses, thanks. Usually I'd agree with you and walk away, but it's not any easy thing to find and the sale was to be cash on collection, so it's hard to how I could get done.

I'm just frustrated, having spent a couple of months looking and finally finding one to go for. Grrrrrrrrr!

If Ebay has pulled the auction then he will have email proof of such that he can send you.
As with buyers, sellers also enter into an agreement when starting the auction and can only back out under specific circumstances, have a look at the Sellers T&G on Ebay for those.

If he has broken the rules then you can report him to Ebay, even if no money has changed hands, if he can't come up with proof that Ebay pulled the auction.
I would also have thought that you, as the winning bidder, would have got something from Ebay saying that the auction had been pulled and not to pass on any money. Have you received anything from them? 

He's not telling the truth. I'm an old hand at eBay and if they had pulled his listing you would no longer be able to view it (even after the auction has ended).

He can get the number of someone he is in a transaction with from eBay themselves. eBay won't allow you to set an account up without providing a number so they will definitely have one.

I sounds like he's changed his mind and feels it should have gone for more. Duplicate listings are common and are, a lot of the time scams. I have personally had my car ads cloned three times now where scammers use your pictures to advertise the same car for a fraction of your price (then tell you it's on a boat and have to pay up front etc etc)

If you want the item, I'd gently remind him of his obligations to sell and if he doesn't sell it then he will have to have neg feedback. If he values his feedback he will let you have it at the price you won it for. He can't
Leave you negative in return (sellers can't anymore).

Start by clicking on 'resolve a problem' next to the the item and open it as a case. eBay will have copies of any messages they sent him. My Previous RR's!
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yes i agree with above, 1. its easy to copy the picture form another listing, and its sort of legal to list a similar item, and withdraw it with at least 24hrs left for a silly reason like 'lost or broken', watering down the rareness of the original item. 2. when you sell an item, you get a complete address with email address aswell i think, and the phone number. 3. i have had bargains that the seller has backed out of like a nice set of rangie tyres for £33 and the seller said he had 'just sold them'. i complained and moaned to ebay, as they were just around the corner to me. (tyres) they could not force the transaction, and the seller asked for a 'cancellation' etc. i eventually got no tyres, and was a bit peeved. BUT ebay sent me a £10 voucher!
i have had another seller even outbid me, to see my ceiling price, and then withdraw, only to re-bid at last minute. -very fishy! ebay has a few loopholes, and at least you haven't lost money in the old 'I posted it, but it got lost by parcel company' whinge.....
it s a shame, but sometimes these things happen. but when i look at all the things i've won for an incredible .99p i have to let bygones be bygones.
one last option you could try, is to ask someone else, to message the seller, (different account name) and ask if the item is still available, and what his 'out of ebay' price might be...-the dick-dastarly method. heehee hee hee!

The thing is if the sale completes its a legal transaction and contract. More and more are taking dodgey sellers to the small claims court as its the only way to dissuade this kind of behaviour when people aren't happy with selling something so low they should have used their brain and put a reserve on it! Really gets my goat!

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Thanks all for the helpful replies. They're much appreciated. This may now have a happy ending - I messaged the seller this morning (within eBay) and said that I'd checked with eBay and:

1. There is no eBay enquiry into his item (as pointed out by Budgie, eBay haven't told me not to pay/complete)
2. I was the winning bidder at close of sale and he therefore has a binding contract to sell to me
3. His opinion that the other item lost him buyers and therefore the best possible price is just an opinion and nothing more.
4. Either way, it IS after all an auction and if he wanted more he could have placed a reserve on it.
5. I directed him to another closed sale from a week ago where another example went for a fiver more than my bid. Helps to demonstrate that it's a fair price.

He phoned me later and whilst he stuck to his view that he was acting on eBay's instruction to suspend the sale (because it hadn't been an open and fair auction), I reminded him again of his obligations and that I would object if he re-listed the item he finally agreed to see the sale through. It's not something that can be posted, so I'm going to pay on collection.

Just need to confirm a day when this will be with him and this little episode should all be done with. Fingers crossed!