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Old 10-06-2009, 05:02 PM   #1
beaunic
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Default Securing a court order against ebay

I am considering seeking a court injunction to compel ebay properly to comply with its stated business practices and protect equally the interests of all its users, and would be grateful for advice and help.

I buy and sell coins on ebay. I have a positive rating of more than 2,200.

I ask buyers to pay postage in addtion to their purchase. This postage starts at 50p, but my listings make it clear that postage rises as closing prices rise – for example I charge £1.50 Recorded Delivery for items selling for more than £8, and so on.

A Russian buyer in London recently bought an item for £11.32, and paid £11.82, adding 50p for postage. I directed him to my listing details, and asked him to send me an additional £1 to cover the cost of despatch by Recorded Delivery.

The buyer refused, and filed the following negative feedback (his capitals):

SCUM AVOID AT ANY COST RUDE AND INCONSIDERATE CHARGES EXTRA P&P WHEN AUCTION ENDS.

A second Russian buyer in Lithuania at the same time filed Negative Feedback stating that he had not received his purchase.

I promptly repaid both payments, and asked both buyers to remove their Negative Feedback,.

The buyer in Lithuania complied, removing his Negative Feedback.

The buyer in London refused, and I filed a written Notice of False & Defamatory Content with ebay.

The buyer in London removed the word ‘SCUM’, but left the rest of his Negative Feedback.

Ebay acknowledged receiving my Notice of False & Defamatory Content, and told me the remaining Negative Feedback would be removed.

However the Negative Feedback is still in place. Ebay also appears still to think that I have two Negative feedbacks, and uses both of them to rate my Policy Compliance as ‘Very Low’, and my Buyer Satisfaction as ‘Poor.

Ebay has also sent me a MC008 SNPC NOTICE, informing me that my account is being watched, and may be suspended.

Today ebay has informed me that it will not remove the remaining Negative Feedback, despite its earlier undertaking so to do.

I now have a file of 19 emails that I have sent ebay, and ebay replies. These replies are both inconsistent and contradictory.

It seems to me that these exchanges show first that ebay is not consistent in its dealing with user correspondence, and may even be regarded as regarding such correspondence with contempt.

It also seems to me that ebay markedly fails to follow good business practice by failing to correlate user correspondence, and its own stated decisions, with what happens in its website.

Ebay has ignored my attempts to put my complaint to rights, and it seems to me that I can now only secure justice by applying to outside agencies with powers to compel it to follow its own stated policies and good business practice.

Ebay claims that it has no control over people using ebay to buy and sell, because it merely provides a dealing platform.

This is patently untrue, inasmuch as ebay has created, and maintains, specialist mechanisms for assessing user usage.

I believe ebay must practise what it preaches, and must be compelled to practise what it preaches if it fails so to do voluntarily.

Old 10-06-2009, 05:09 PM   #2
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Default Re: Securing a court order against ebay

Get over it. life is too short.

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Old 10-06-2009, 05:14 PM   #3
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Default Re: Securing a court order against ebay

You cant afford to take eBay on, dont bother.

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Old 10-06-2009, 05:17 PM   #4
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Default Re: Securing a court order against ebay

I empathise. Negative feedback is like someone spray painting the outside of your shop, warning off prospective customers.

To remove the Feedback Comments, download the eBay proforma, have it witnessed & signed by a solicitor, fax it to eBay, and send the hard copy to eBay Europe (Dublin) by Royal Mail Airsure. Fax No & postal address are with the form. I've done this.

To remove the negative rating, you'll need a court order.

Let us know how you get on.


Last edited by canada; 10-06-2009 at 07:54 PM.. Reason: wrong font size
Old 10-06-2009, 05:23 PM   #5
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Default Re: Securing a court order against ebay

I got eBay to remove a negative last week that a customer had left me after I followed eBays advice when dealing with a horrible customer.

I had emails from the customer and the ones I sent them to prove she had lied in the feedback and was very abusive to deal with. Luckily I had managed to bite my tongue and stay proffesional throughout.

Even after all this it was hard work to get it removed.

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Old 10-06-2009, 05:29 PM   #6
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Default Re: Securing a court order against ebay

It takes a lot of perseverance to get eBay Customer Support off-script. You should include in your e.mails phrases like: 'I am aware of eBay Policies on xxxxx, please do not send me links to these'.

Old 10-06-2009, 05:55 PM   #7
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Default Re: Securing a court order against ebay

Just imagine how many ebay lawyers are gonna show up at court & the Judge is gonna be cracking up....

Old 10-06-2009, 06:03 PM   #8
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Default Re: Securing a court order against ebay

Why would you charge more postage depending on how much your item sells for?

I'm also in dispute with ebay about harsh negative feedback being given, but doubt I'll get anywhere.

Old 10-06-2009, 06:22 PM   #9
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Default Re: Securing a court order against ebay

Quote:
Originally Posted by chris89 View Post
Why would you charge more postage depending on how much your item sells for?

I'm also in dispute with ebay about harsh negative feedback being given, but doubt I'll get anywhere.
What did you get it for?

Old 10-06-2009, 06:34 PM   #10
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Default Re: Securing a court order against ebay

Quote:
Originally Posted by MickUK View Post
What did you get it for?
Apparently a polo I sold is 'not originalee...counterfeit!' in the buyers words lol.

He left me negative feedback without contacting me first, I would have happily refunded even though he's wrong, I did have a returns policy on the item. The buyer did say they would return the item and remove feedback when they were refunded, but it's been a month now and there's been no contact and no item sent back to me.

Got reminded about it by this thread, so decided to email Ebay again, we'll see what happens.

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