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 Crystalline_Sliver
 
posted on July 28, 2001 04:09:29 PM
As much as I wanna help some people get onto eBay, sometimes, I wish I didn't.

Today, one of my friends called me and saying that a seller is taking legal action against her for feedback she left. I don't know what to do, so i'm asking you for help.

Here's the lowdown:

She bidded on an auction of theirs. She sent a first payment (Never said what she paid with). The seller got angry when the first payment never arrived.

She pleaded her case, and the seller gave her another chance. She sent out another payment.

This week, she got an irate e-mail from the seller that if her payment didn't arrive until Friday, they would leave negative feedback and file FVF. She said that she can't control the USPS, and then it got ugly.

The payment never arrived, and the selelr got his FVF and left negative feedback.

Seeing this feedback, she both replied to hers AND gave them negative feedback that she wrote on how she felt they treated her; something along the lines of "Seller was Hostile and treated her unfairly."

Now, she finds an e-mail that the sellers tried to get the feedback removed, but cannot unless eBay sees a Legal Order from them, so they told her they would pursue legal action against her (Including recouping any fees they may have "lost", to which she replied "Fine, I'l pay your fees.".

I looked over the seller's feedback; their was a few neutrals and one negative before hers; I think it was over shipping costs.

Anyway, she's now scared and angry. She doesn't know what to do, and she has several other auctions she's trying to pay off.

Is the seller overreacting, or is she getting her just deserts??


This is such a nightmare...no wonder why bidders are going away from eBay.


:\\\\\\\"Crystalline Sliver cannot be the target of spells or abilities.
 
 hwahwahwahwa
 
posted on July 28, 2001 04:20:21 PM
99.9 % of the time,it is just a bunch of HOT AIR!!
It is easy to hide behind the keyboards and say what you want and with one click,the mail is sent!
how many ebay sellers would waste their hard earned money on hiring a lawyer?how many bidders will waste her money on lawyer,think of all the money which could be used to stock up or bid??
just ignore the email and keep a low profile.
did any one die??
did any one lost their first born due to this transaction??
it will go away like many stupid threats on ebay

 
 toolhound
 
posted on July 28, 2001 04:34:14 PM
I have never had a payment sent 2 times and still not make it. Every time a buyer has told me this I have never recieved a payment. My bet is your friend never sent a payment out.


If she sent payment she should have a copy. If so it is not her fault. If she didn't maybe she should start apoligizing and ask eBay to remove the feedback.

 
 Crystalline_Sliver
 
posted on July 28, 2001 04:39:33 PM
The item in question was a $5 Comic Book. Go Fig.

Other than that, I just have to ask for your guys help here...

:\\\\\\\"Crystalline Sliver cannot be the target of spells or abilities.
 
 barbarake
 
posted on July 28, 2001 05:40:18 PM
Hmm, I think the seller was overreacting but I understand where he/she is coming from. I also strongly suspect that the buyer never sent payment. (Payment disappearing once I would understand but twice?? Nah) So the seller left negative feedback. She retaliated - and that's what it is, retaliatory feedback. The seller is upset - I can understand. Especially since you say that the seller has a good feedback record up until now.

I think the buyer is in the wrong on this one. She should contact the seller, apologize and try to work something out.

I have almost 800 feedback and I've had exactly *one* payment 'go missing'.

 
 Crystalline_Sliver
 
posted on July 28, 2001 06:47:10 PM
Re-checking the feedback, The seller has 110 feedback positives.

The negative before the recent one was done about 2 weeks ago. Theirs also a neutral about 4 weeks back.

I still think thought that the seller is making too much fuss over a $5.00 item. But that's my opinion...

:\\\\\\\"Crystalline Sliver cannot be the target of spells or abilities.
 
 tomwiii
 
posted on July 28, 2001 06:57:39 PM
Geeeeesh! I feel for the seller in this mess!

 
 kngpin
 
posted on July 28, 2001 07:06:35 PM
The seller is not going to sue over a $5.00 comic book. It was NOT defamation of character. The buyer would not be obligated to pay court costs so the buyer would only have to pay the $5.00 and maybe the auction fees. Like others have said it is a lot of hot air and most likely the buyer never sent payment. All forms of payment would have a receipt or some way to track it. They would not send cash. I feel they won the auction and then had second thoughts. Instead of living with the decision and paying the $5.00 they are most likely lying. Now it has gotten rediculous.
 
 surrrfurtom
 
posted on July 28, 2001 07:21:42 PM
Maybe buyers should think twice now when leaving retaliatory neg feedback.

 
 skeetypete
 
posted on July 28, 2001 07:33:21 PM
what a joke....i would tell.."see ya on judge judy"......these type are so full of BS. sue me!

 
 litlux
 
posted on July 28, 2001 08:24:40 PM
Interesting "case".

$5 item,
A Comic book.

Your friend said she sent check.
Seller says never received but cuts her some slack to send another.
She claims to have sent another.
It never arrived either.
Seller files for FVF and leaves neg.
She retailiates wih neg.
Bidder claims seller is going to sue her.

No mention of the NPB alert which she must have also received.

To quote your initial post: "she has several other auctions she's trying to pay off."

I sincerely doubt that your friend is telling the truth, and needs to find another hobby. Especially since "she has several other auctions she's trying to pay off."




 
 mballai
 
posted on July 28, 2001 08:43:15 PM
I would tell the seller very politely that they need to get a life;block their email and ignore any other baloney they wish to present. A bidder or seller has no obligation to negotiate anything other than the purchase;feedback is optional and non-binding in any sense.

If the bidder hasn't paid up she should refund the seller's fees but that's it.

[ edited by mballai on Jul 28, 2001 08:45 PM ]
 
 Libra63
 
posted on July 28, 2001 08:48:01 PM
Don't you have to wait so many days before sending a FVF? I guess I am a bad seller. I have given buyers many chances and I have only had to ask for 1 back. Sometimes it takes awhile and yes I know it is a business but that seller has to chill out, cut some slack and move on.

 
 darrelll
 
posted on July 29, 2001 09:31:41 AM
This is one reason for using Paypal or Billpoint so both parties instantly get confirmation...

I hate to go thru the hassle of going to the bank, waiting in line for 20-30 min. to get a MO.

The seller is mainly upset about the neg, not the $5. If I was the seller, I'd be upset too...

I have 750+ and one neg. by a newbie that never paid me for the item! I was sooo bummed when the deadbeat negged me...

 
 
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